Human Resource Management
In recent cases such as Fisher v. Texas in 2008, several senior high school students were denied admission to the University of Texas-Austin despite being in the top 10% of the class, which provides automatic admission to any State university of their choice (de Vogue, 2015). Furthermore, Fisher argues that race and color should not be a basis for admission. However, the Supreme Court upheld the decision of the Court of Appeals in favor of UT on the grounds that the school is entitled to racial preference citing the requirements laid out on Grutter v. Bollinger (NCSL, 2013). In another case, Ricci v. DeStafano in 2009 sued the New Haven in Connecticut for discarding their exam results for promotion in the Fire Department despite achieving high scores. The New Haven civil service administration argued that there is not enough diversity in the test takers and that the exam had racial disproportionate results (McConnell and Pierre, 2009).
The case of Ricci v. DeStafano encompasses the alleged violation of the provisions of the Equal Protection Clause under Title VII of the Civil Rights Act of 1964, which also extends to the context of affirmative action. In the two described cases, arguments for and against affirmative action arises where the proponents of affirmative action asserts that it helps the disadvantaged from another country to have an equal playing field in the American society. In addition, affirmative action encompasses a way to ensure that social diversity in the workplace and education is maintained. More importantly, the concept of affirmative action compensates the minorities from years of being oppressed. On the other hand, opponents of affirmative action assert that it is reverse discrimination. It destroys the context of meritocracy where race is being asserted dominantly. More importantly, reinforces stereotypes presupposed by the assumption that minorities are less capable, requires help, and at some point labeled as incompetent.
References
De Vogue, A. (2016). Supreme Court divided in Texas affirmative action case. CNN. Retrieved 2 June 2016, from http://edition.cnn.com/2015/12/09/politics/affirmative-action-supreme-court-university-of-texas/
McConnell, J. & Pierre, L. (2009). Ricci v. DeStefano (07-1428); Ricci v. DeStefano (08-328). LII / Legal Information Institute. Retrieved 2 June 2016, from https://www.law.cornell.edu/supct/cert/07-1428
NCSL,. (2013). Affirmative Action: Court Decisions. Ncsl.org. Retrieved 2 June 2016, from http://www.ncsl.org/research/education/affirmative-action-court-decisions.aspx
