Affirmative action, a policy designed to address historical inequalities and promote diversity in the workplace, has been a subject of debate for decades. Proponents have asserted that Affirmative action policies can help to correct past injustices and provide opportunities for groups that have been historically excluded, helps disadvantaged groups climb the socioeconomic ladder, improve productivity and help to create a more inclusive and diverse workplace environment. Whereas opponents argue affirmative action policies are discriminatory and unfair to those who are not part of the preferred group and create a stigma that women and minorities were only hired or admitted because of their gender or skin color, which can lead to resentment and tension in the workplace or educational environment. They also point out affirmative action policies can disadvantage qualified individuals who are not part of the preferred group. Quite recently, the Supreme Court agreed with the opponents of affirmative action.
The Supreme Court struck down affirmative action programs in college admissions on June 29, 2023. The court ruled that the admissions programs used by the University of North Carolina and Harvard College violate the Constitution’s equal protection clause, which bars racial discrimination by government entities. The court’s majority opinion said that both Harvard’s and UNC’s affirmative action programs “unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful end points.” The decision effectively ends race-conscious admission programs at colleges and universities across the country. The decision has sparked debates about the potential consequences for minority representation in institutions and workplaces. To quote the Wall Street Journal…
“There are people who say, ‘I really wish we were more diverse,’ and I’ve also seen people say, ‘Stop being so woke,’ ” says Sharp.
The removal of race as a factor in college admissions stands to change the pipeline of diverse graduates companies can hire and likely opens challenges to longstanding hiring and promotion practices, legal experts say. For managers, the challenge is about fairly assessing a job candidate’s skills or an employee’s readiness for promotion at a time when workplace diversity measures already face questions from both supporters and skeptics.
In interviews with a dozen current and former diversity and HR heads, leaders say they are hearing from employees discouraged about what they view as lost momentum in advancing people of color and underrepresented minorities after George Floyd’s murder in police custody led to greater national attention to race and inequity. Leaders say they are also facing quiet, but no less insistent, pushback from some workers, with combative questions about diversity initiatives in surveys and company town halls.
The mixed reactions cited by the Wall Street Journal are echoing across the internet. On the proponent side, there are the coincidental exits of multiple diversity officers from major corporations; among them: Disney’s chief diversity officer Latondra Newton, Academy of Motion Pictures Arts and Sciences’ Executive VP of Impact and Inclusion – Jeanell English, Netflix’s First Head of Inclusion Vernā Myers, and Karen Horne, a diversity, equity and inclusion executive at Warner Bros. Discovery. The online controversy is that they all departed their positions as a result of the Supreme Court ruling, but that is not the case. The demand for diversity officers has been experiencing high turnover for the past few years. To quote the Wall Street Journal once more…
It’s one of the hottest jobs in America—and it has a revolving door.
U.S. companies are rushing to hire chief diversity officers or elevate existing leaders to the position in the midst of pressure to address racial divisions and inequities within their organizations.
The role has long been marked by high turnover, with many in the position, known as CDO, leaving over a lack of resources, unrealistic expectations and inadequate support from senior executives, according to current and former CDOs.
They also move because they are in high demand, according to recruiters, who say average tenure is about three years.
People attracted to the position “see themselves as change agents” yet often end up disillusioned, said Pamela Newkirk, author of “Diversity, Inc.: The Failed Promise of a Billion-Dollar Business.”
Another online firestorm brewing is video evidence of how affirmative action does more harm than good, at least in the view of its opponents. Journalist Christopher Rufo posted a video of Berkeley Law School dean Erwin Chemerinsky explaining how he has secretly enacted a policy of racial discrimination in faculty hiring—which is illegal in California.
EXCLUSIVE: Berkeley Law School dean Erwin Chemerinsky explains how he has secretly enacted a policy of racial discrimination in faculty hiring—which is illegal in California.
“If I’m ever deposed, I’m going to deny I said this to you.” pic.twitter.com/GYgtNZfhtb
— Christopher F. Rufo ⚔️ (@realchrisrufo) June 29, 2023
In reaction to that video, attorney Stephen Miller of America First Legal sent a legal threat letter to every law school in America threatening lawsuits if they do not comply with the Supreme Court ruling.
BREAKING: @America1stLegal sent a legal threat letter to every law school in America: comply with the Supreme Court ruling on “affirmative action” — or see you in court.
If you’re a victim of discrimination call us at 1-877-AFL-5454 pic.twitter.com/BsUbaMYM1L
— Stephen Miller (@StephenM) June 30, 2023
Its easy to see the political divide around this issue, as it has been in place since the inception of affirmative action. What is not so clear cut is how minorities have been responding to the news. Obviously, no minority group is a monolith of opinion. As I researched various sources, I wanted a gauge on what the overwhelming sentiment was for minority groups and found… none. For example, when I reviewed what the Asian community thought of the Supreme Court decision, I discovered mixed reactions. (The lawsuits that led to the Supreme Court’s ruling on racial preferences were largely brought on behalf of Asian-American students.) Some Asian Americans were thrilled with the ruling, while others lamented the role Asians played in the cases. The National Congress of American Indians expressed disappointment, as did Latin advocacy groups like Latino Justice, and Hispanic Federation. The mixed reactions from African Americans could not be more poignantly expressed than in the fiery opposition between Justice Clarence Thomas and Justice Kentaji Brown Jackson. To quote CNN, Justice Thomas said the following…
“Even in the segregated South where I grew up, individuals were not the sum of their skin color,” Thomas wrote.
“While I am painfully aware of the social and economic ravages which have befallen my race and all who suffer discrimination,” he added, “I hold out enduring hope that this country will live up to its principles so clearly enunciated in the Declaration of Independence and the Constitution of the United States: that all men are created equal, are equal citizens, and must be treated equally before the law.”
In direct opposition, Justice Jackson retorted…
“Justice Thomas ignites too many more straw men to list, or fully extinguish, here,” Jackson wrote. “The takeaway is that those who demand that no one think about race (a classic pink-elephant paradox) refuse to see, much less solve for, the elephant in the room – the race-linked disparities that continue to impede achievement of our great Nation’s full potential.”
In her broader dissent, Jackson said that the argument made by the challengers that affirmative action programs are unfair “blinks both history and reality in ways too numerous to count.”
Although the debate surrounding affirmative action has been mostly pros verses cons, there is also a third alternative proposed by popular YouTuber Oshay Duke Jackson. His supposition is more of a separatist position, built on self-reliance. In a recent video, he addressed the supreme court decision on diversity and suggested (heavily) that the African-American community should focus on building and supporting its own economy ahead of contributing to the success of major corporations. 1,216 commentators (at this writing) tended to agree with him. Some of the comments on his latest video are…
It was only a matter of time before we lose a foothold for being “just black” in the career space. Merit means everything. “Just being” something has a time-limit especially in America. Mr. Duke Jackson is right… it is time to form corporations and buy business real-estate instead of just happy having a foothold. – @lantian99
When people are hired based off of experience, professionalism, and ability there is no need for Affirmative Action. Our ancestors accomplished so much without AA we don’t need it. We are capable. @noneedtosay7553
Jamaican here. We are a third world country, yet we produce so many scholars who get into these institutions by merit. So I completely agree with Candace. I would be so mad if I found out someone with a lower GPA than myself got a spot at Harvard over me. @potfulexpressions442
No matter your allegiance on this issue, the impact of the Supreme Court decision will reverberate for generations. Morgan Freeman famously said that he did not want a black history month. He felt that race should not be an issue and that the solution to ending racism was to stop talking about it. As I reflect on his viewpoint, I can appreciate its appeal. If companies wanted to give every job applicant an equal opportunity to achieve, why not implement a blind hiring practice based on skills assessment? For the uninitiated, blind hiring is a hiring practice that involves obscuring identifiable characteristics from a candidate’s application that are not related to job performance. Blind hiring is a way to reduce bias in the hiring process and thereby increase diversity in the workforce. A few examples of blind hiring practices are:
- Removing specific identifying information like the candidate’s name, address, and schools attended from resumes.
- Using pre-employment testing, when data about applicants’ skills and characteristics is collected through assessments and the results are compared to pre-set benchmarks.
- Removing all personal and demographic information from the hiring process so hiring managers can assess candidates based on ability alone.
- Using gender-decoding software, like Textio, to remove gender bias from job descriptions.
- Assessing candidates based on skills testing using software like TaTiO, then inviting the top performers in for interviews.
Blind hiring practices have been implemented by major companies like Virgin Money, Deloitte, HSBC, BBC, and Google, as well as companies in every industry and of every size.
Now, am I suggesting that simply not talking about diversity in the hiring practice is the best response to the striking down of affirmative action? Am I saying blind hiring practices will quell all debate around the issue going forward? No. There is way too much monetary incentive for racism to utterly disappear from the workplace. I’m simply saying that its worth a try and that the American culture, overall, seems to agree with me.