1
   

About Diversity...

 
 
Sofia
 
  1  
Reply Fri 13 Jun, 2003 04:39 pm
nimh--
The barriers that have been broken, IMO, are the enactment and stringent enforcement of Civil Rights law. Minorities have great protection against hiring and firing discrimination. Intergration in education has been a fact for a generation. ...

The institutional unfairness preventing blacks from rising economically in the US has been addressed.

I believe the black kid across the street has a chance equal to the chance my children have.

You said you feel strongly about the subject. My views aren't set in stone. Show me if I'm wrong. What institutional or legal barriers still exist ?
0 Replies
 
fishin
 
  1  
Reply Fri 13 Jun, 2003 04:45 pm
nimh wrote:
I'm going to stay out of the actual topic of this thread because I feel too strongly about it, though the one thing I will do is to ask any of you to provide any proof, statistical data, whatever, on the submission that "the barriers [to advancing for minorities] have been broken".

I know, Phoenix wrote, "to a great extent", and that can be interpreted freely. But if AA and the like was, even in your eyes, justified as a means to "removing or eliminating [..] the barriers to advancing for minorities" (collating quotes, here), then shouldn't they be continued until these barriers have been removed/eliminated/broken - fully, not just "to a great extent"? Hence my question: what data and research would you base the argument on that they have indeed already been broken?


For a base stastic: in 1950 there were several thousand laws/ordinances in the US that forced seperate transportation, education, employment, places of accomodation, etc.. based on race. Today there are no such laws in effect in the entire US - in fact, the laws currently in existance specifically prohibit discrimination based on race/gender in those areas. The legal barriers that existed 50 years ago have been explicity reversed.

But any numbers/stastics are irrelevant. AA, as it currently exists, is based on racial and gender discrimintaion which is in direct violation of our existing Constitution. The use of racial and gender classifications in AA was set in place by courts to remedy specific wrongs (to correct those laws I mentioned, which is permissable under our legal system..) but the government (nor any governmemt entity, place of public accomodation, etc..) can NOT maintain an instituitionalized system based on racial/gender discrimination with the objective of acheiving a social goal regardless of the desirability of that goal. Because of the Constitutional limitations the racial/gender preferences can only be used until such time as the specific instances they were put in place to remedy are corrected.

If I go out and start a business today I am not allowed to use racial/gender preferences in my hiring because I have never been found by a court to have discriminated in my hiring practices... If it is found that I have in the future then I could be fined and be ordered by a court to institute such a program at that time. But I can't just decide to start one on my own.

Also, you have to keep in mind that what AA was started as is a very different beast than what it currently is. The Executive Orders that created AA never allowed anyone to discriminate at all (they couldn't, it would violate the Constitution.). I haven't heard anyone say that they want to get rid of the original AA concept. What people complain about is AA as it currently exists.
0 Replies
 
georgeob1
 
  1  
Reply Sun 15 Jun, 2003 11:09 am
nimh wrote:
I'm going to stay out of the actual topic of this thread because I feel too strongly about it, though the one thing I will do is to ask any of you to provide any proof, statistical data, whatever, on the submission that "the barriers [to advancing for minorities] have been broken".

I know, Phoenix wrote, "to a great extent", and that can be interpreted freely. But if AA and the like was, even in your eyes, justified as a means to "removing or eliminating [..] the barriers to advancing for minorities" (collating quotes, here), then shouldn't they be continued until these barriers have been removed/eliminated/broken - fully, not just "to a great extent"? Hence my question: what data and research would you base the argument on that they have indeed already been broken?


There are 'barriers'of all kinds to the achievement of nearly any goal by any person anywhere. Humans everywhere stratify themselves based on social position, profession, academic interests, fashion preferences, tastes in sport, music, art, entertainment - and a host of other interests, and skin color as well. The mobility of people of all kinds is in part dependent on the efforts they make or don't make to overcome these naturally-occurring 'barriers'.

There is no doubt that far more severe barriers once existed in the United States which systematically restricted the social, economic, and political mobility of black people in this country. During the last several decades laws have been enacted (and enforced) that explicitly attack the processes used to restrict the political, economic, and social rights of these people. More importantly public attitudes have changed. Unjust discrimination undoubtedly continues in various ways and degrees, but it is beyond doubt that the back of the old system has been broken. The question before us all now is not whether there are 'barriers' to the social, economic, and political mobility of black people here, but rather whether those barriers, on an individual level, are of a substantially different kind and degree than those which confront other persons of any color.

Affirmative Action is not without its side effects. Favoratisim to one, however well intended, is discrimination to another. Further it can rob its intended beneficiary of the fact or at least the perception of the merit in his or her achievement in the matter at hand. Do black graduates of this or that university represent the same academic merit as others? Do such programs really incentivize the best behavior and long term interests of their intended beneficiaries ? These are valid questions, and, while I do not suggest that they were reasons for us never to adopt AA, they are indeed reasons for us, at some point, to abandon it - when the adverse consequences of the side effects outweigh the direct benefits of the primary ones. Overall, in most areas I believe we are at that point now.
0 Replies
 
Sofia
 
  1  
Reply Sun 15 Jun, 2003 11:48 am
nimh--
I see you got a mini-blizzard response.

Sometimes, when I find myself under a similar snowdrift, it is frustrating to figure out who to respond to. I have found myself in the midst of a heated argument with six angry people. Respond to one and the others say you're ducking their issues. Surprised

Fortunately, no one will suffer those indignities here. Cool

I decided to take this opportunity to express my appreciation of your presence here. If you are concerned our exchanges on this subject will have a negative impact on your ability to enjoy yourself here, skip it.

I am treading water in a liberal group--diluting myself at present, trying to decide if I should stay or go. So, I feel I have an enhanced understanding of you maybe just not wanting to entertain some subjects.

Do whatever you want, and excuse me for seemingly prodding you, previously. I wanted you to know your comments are always welcomed--

You are a valuable member.

<I have been hunting for a 'nice and liberal, and not on anyone's Nope list.' You shall have a Wing Man (or Woman) before much longer.>
0 Replies
 
georgeob1
 
  1  
Reply Sun 15 Jun, 2003 12:58 pm
Sofia wrote:
nimh--
I see you got a mini-blizzard response.


..... your comments are always welcomed--

You are a valuable member.


I quite agree. My impression is that Nimh is happily more interested in the flow of ideas than the scoring of points or the vitriolic oppression of those who disagree, which all too often prevails on other threads. He has opened some very stimulating topics and posted equally interesting comments on other threads. We don't always agree but the discussion is always (to me, at least) informative and stimulating.
0 Replies
 
nimh
 
  1  
Reply Sun 15 Jun, 2003 05:35 pm
Sofia wrote:
nimh-- I see you got a mini-blizzard response.

Sometimes, when I find myself under a similar snowdrift, it is frustrating to figure out who to respond to. I have found myself in the midst of a heated argument with six angry people


Well, I dont think any of you are angry, so thats quite OK ;-))

No but, yeh, actually, you're absolutely right, and I'm glad you picked up on what I might be feeling. Thanks <nods>. Cause I was already starting to feel guilty about not having answered yet, but at the same time felt a bit weighed down by what I would have to answer.

You see, diversity is a topic quite close to my heart. Not necessarily AA as such or so an institutional arrangement per se, but the social and yes, governmental, ambition to promote an appreciation of diversity (of whatever kind) and to promote a society where each person has the same opportunities, regardless of social-cultural background.

Some here have already pointed out that all the discriminatory laws of old have been scrapped - that the formal, legal context thus is equal to all now (if I may paraphrase). But discrimination, as we all know, goes way beyond the confines of written and government-imposed rules and regulations. Discrimination is something that is played out in each social context.

Now some, more libertarian-minded people, might argue that if discrimination is a problem of the social context, of the context of human interaction, the solutions to it should also be social, not governmental. If people discriminate, when hiring people, when treating their colleagues or neighbours, when serving their customers or whatever else the context may be, then other people should work to reverse this trend, and the government should just stay out. But in my world, we are the government, and the government is us; there is no dichotomy between the two. Every law is in the end a measure we collectively take to resolve one or the other social problem. If the social problem is continuing discrimination, then why not keep adopting or maintaining laws that counteract it?

The government should ensure a level playing field for all; in fact, I think most of us agree on this. The first posts here, as I understood them, seemed merely to suggest that AA was simply not needed anymore, because we already have that level playing field. I deeply believe this not to be the case. I dont think the black kid across the street has a chance equal to the chance my children would have. I also think only that black kid would be able to say, really. You dont know what the effect of being black is until you live the experience yourself. (Even just anyone, to mention but a trivial example, who tried to get into the same clubs he usually got into himself without problems with a black or Muslim-looking friend for a change, will know what I mean). Of course things now are a lot better than they were in the bad old days, absolutely, no issue. The only question is whether its been enough.

George reasonably points out that everyone faces cultural barriers, as people naturally group together and defend each others interests on the basis of profession, subculture, social stratum, etc - its the way of life, and its simply each of ours challenge to deal with it. But I can change, to some extent, my academic interests, my tastes in fashion, sport, music, art, my profession, too. One can not change one's skin colour, one's place of birth, one's family background.

When John Simpson, BBC World Affairs Editor, warns aspiring reporters about how "Journalism is a nasty, clubby little outfit which judges people on all the wrong sorts of judgements, like who they know, how old they are and what their background is as opposed to what they are themselves", one can take this, as he suggests, as something "you just have to accept and understand". (That's from www.greatreporter.com). But one can also take this (especially if one is not an aspiring reporter oneself) as a sign that the world of journalism could do with the odd probe from outside and the odd legal parameter, to ensure talents from all communities, no matter what their "background" is, do get an equal shot. It would even do the world of journalism well. The same goes, of course, for any other profession.

As long as even those Afro-Americans, Indian Brits, or hell, women or people from lower class backgrounds who did make it (yes, I'm including class as well as race and gender here, though I know this will probably put me right out of the debate here), assert that they had to work twice as hard as their colleagues to make it, we owe it to them to give them a leg up. And I have heard so many people reaffirm that this is, indeed, the case. I have read the research which showed that in simulated job interviews, confronted with applicants of different colour but with the same paper qualifications, the employer (or "employer") would still overwhelmingly conclude that the white applicant was better suited for the job - arguing the case with impressions of how he was more dynamic, more communicative, would 'fit better with the working environment of this organisation', seemed more reliable, etc etc etc.

I believe in equal opportunities. If, like george suggests (I think), it is a fact of life that there will always be inequalities of opportunity, then, in my view, we as a community have the obligation to always work to undo them as well. And considering I see the government as the political expression of our citizens' community, that includes that government taking the necessary laws and measures.

This kind of profound belief, (call it that), kinda comes with the territory, for me, which I probably should explain. I work for an NGO that strives to improve the representation of minorities in the media. Most of my colleagues are first- or second-generation immigrants, and they know from first hand how difficult it is for them to get the same chances in the media world a white Dutch colleague would get. My mother worked for the government, and later had her own office, striving to create new training and employment opportunities for women from minority groups. My sister is a producer of documentaries, most of which deal with multicultural issues - her boss is half-black, half-Jewish. My father runs his own project to empower small producers from developing countries in gaining equal opportunities on the world market. Yes, we are "the multicultural mafia" <big grin>.

So, I feel strongly about the topic, and I knew in this thread I'd be faced with a tough crowd. Now theres only two options, in my mind, in such a situation: defend your case well and propose the best of arguments, data and research links you can find - or stay out. No use to do it half-assed - that would just do a disservice to the case. Considering I'm really (believe it or not) trying to cut down on A2K, as well as on frustrating experiences in life, generally, I happily opted for the latter, because I knew I wasnt going to want to make the time to make the case as well as I would want it to make.

But just on my one question alone, several of you have suggested articulate, well-considered responses, and it feels a bit callous to then just leave it like it is. Conundrum!

So yeh, thanks for picking up on my dilemma <smiles>. As you'll have seen, I havent been able to not make at least part of my "equal opportunities" case - be it without the exact data and research links after all. I wont have convinced anyone, but I'm glad to have taken the civility, after all, to respond to all your posts. I'm looking forward to new responses, but please dont mind if I use this half an hour for something else tomorrow night, ok? <grins> Sofia'll be able to explain why! <big smile>
0 Replies
 
fishin
 
  1  
Reply Thu 19 Jun, 2003 11:28 am
nimh wrote:
Some here have already pointed out that all the discriminatory laws of old have been scrapped - that the formal, legal context thus is equal to all now (if I may paraphrase). But discrimination, as we all know, goes way beyond the confines of written and government-imposed rules and regulations. Discrimination is something that is played out in each social context.

Now some, more libertarian-minded people, might argue that if discrimination is a problem of the social context, of the context of human interaction, the solutions to it should also be social, not governmental. If people discriminate, when hiring people, when treating their colleagues or neighbours, when serving their customers or whatever else the context may be, then other people should work to reverse this trend, and the government should just stay out. But in my world, we are the government, and the government is us; there is no dichotomy between the two. Every law is in the end a measure we collectively take to resolve one or the other social problem. If the social problem is continuing discrimination, then why not keep adopting or maintaining laws that counteract it?


The only issue I have with the comment here is that the Supreme law of the land (here in the US at least) says that governmnet agencies/entities, as well as private businesses that are open to the general public, can not discriminate. As a result any lower law that attempts to resolve the social issue by granting any type of premission to discriminate is null and void and revoking the Constitutional amendment prohibiting discrimination would seem to have worse concequences.

Quote:
I dont think the black kid across the street has a chance equal to the chance my children would have. I also think only that black kid would be able to say, really. You dont know what the effect of being black is until you live the experience yourself.


There is a bit of a contradiction within this statement. Sure, I don't know what it's like to be black. But at the same time the black kid doesn't know what it's like to be white, asian or hispanic either. To suggest that because someone is of a minority they have the ability to see things 100% clearly and act without prejudice on their own seems a bit short sighted and overly hopeful. Just as I don't know the experience of growing up black the black has no experience growing up white. What makes his perspective of the total picture any clearer than mine?

Quote:
As long as even those Afro-Americans, Indian Brits, or hell, women or people from lower class backgrounds who did make it (yes, I'm including class as well as race and gender here, though I know this will probably put me right out of the debate here), assert that they had to work twice as hard as their colleagues to make it, we owe it to them to give them a leg up. And I have heard so many people reaffirm that this is, indeed, the case.


Why is it the case? Because people make claims? Because they assert that things aren't fair? I don't know anyone that will readily tell you that they didn't work for what they have. Everyone thinks they work harder than most other people. Does the act of them thinking it make it true? I do pretty well for myself but there are a lot of people that have more than I do. Should the government step in and create laws to allow me to move up to where I think I should be?

Quote:
I believe in equal opportunities. If, like george suggests (I think), it is a fact of life that there will always be inequalities of opportunity, then, in my view, we as a community have the obligation to always work to undo them as well. And considering I see the government as the political expression of our citizens' community, that includes that government taking the necessary laws and measures.


The problem, IMO, is that we can't create equeal opportunity by granting some people special or protected status. The two concepts work against themselves. How can things ever be equeal if the law is used to seperate, grant privlidge and discriminate in itself? It's like trying to end poverty by taking everyone's money away.
0 Replies
 
nimh
 
  1  
Reply Thu 19 Jun, 2003 04:11 pm
fishin' wrote:
As a result any lower law that attempts to resolve the social issue by granting any type of premission to discriminate is null and void


OK. I dont know enough about American law to say anything about it myself, you could well be right. But if AA laws and measures have indeed been in place for the past decades, does that mean that apparently, the American lawmakers have not shared your interpretation of the Constitution?

Quote:
There is a bit of a contradiction within this statement. Sure, I don't know what it's like to be black. But at the same time the black kid doesn't know what it's like to be white, asian or hispanic either.


That is absolutely true, of course. Noone can know what it is both to be black and white. Though there have been experiments. Gunter Wallraf, the German writer, back in the eighties for example disguised himself as a Turk (coloured lenses, dyed hair, the works). In a rather far-reaching effort of investigative journalism, he then worked for half a year or a year in various jobs, under a Turkish name. What he came up with in terms of experiences was not pretty. This says nothing, of course, about how it is now, fifteen years later, or for Afro-Americans, a different group in a different country. What is relevant in his experience was that, though he expected to be able to dig up some dirty stuff (of course), the actual experience was even to him a discouraging surprise.

I guess what I'm hinting at is that we (overall, excepting expat experiences) can not know what discrimination is, what it feels like, how it works, even (or especially) on a day-to-day level. And the metaphorical "black kid across the street" does. In that sense it is too easy for us, who (mostly) dont even know what being subjected to racism is like, to say: oh, I dont think it should cause any trouble for you (anymore).

Of course he, in his turn, will have delusions about how easy it might seem for others again, for sure. But I'd propose that it's easier for those who are in the "normal" situation to lose sight of / overlook what its like to be in the exceptional situation, than vice versa. If you're a deaf person, you'll have a better idea of what it would be like to live as someone who can hear, than any of us have about what it's like to be deaf - what it's like to encounter all the obstacles a deaf person does in this society.

Without wanting to equate the two situations, that's what I'm hinting at when I say that that "black kid across the street" will have a better idea about when & whether discrimination has ceased to impact his opportunities than we do. (And there's enough disagreement about the issue among Afro-Americans as it is.)

Quote:
Why is it the case? Because people make claims? Because they assert that things aren't fair? [..] Everyone thinks they work harder than most other people. Does the act of them thinking it make it true?


Well, to be fair I did refer also to research I've read - be it unspecified & un-footnoted; I didnt exclusively refer to "what people told me it's like".

That's why I originally asked what you (pl.) based your conviction on that discrimination did not significantly impact people's opportunities anymore. Personal impression or academic discourse (etc)?

I know - you could send me into the library to find back the sources that would back up my statement that it does - but I asked first ;-).

I also do attach some credence to such claims when people make them. Because, contradictory to what you suggest, I have actually heard very few white people assert that they had to work twice as hard as others to achieve what they did, or that they have to try twice as hard as others to get the jobs or positions they aspire. Whereas I have heard many Asian-, Afro-and Arab-Europeans say this. That can only mean two things: they are, at least to some extent, right; or these non-whites of a range of backgrounds are, collectively, significantly more prone to whining than whites.

Quote:
The problem, IMO, is that we can't create equal opportunity by granting some people special or protected status. The two concepts work against themselves. How can things ever be equeal if the law is used to seperate, grant privlidge and discriminate in itself? It's like trying to end poverty by taking everyone's money away.


Must admit I don't quite get the equation you suggest in that last line - <giggles> - err? But for sure, I see the point you're making otherwise.

The logic of affirmative action is in the start-out assumption that there is, at this time, an inequality in opportunity. The state - i.e., we, as a collective - then steps in to compensate for this and create a level playing field again. Well, you know the argument.

It is true that, in this way, one discriminatory practice is compensated for with a counter-discriminatory practice. It's also true that, by consequence, the end result will always be a very rough approximate - it's kinda like the old-fashioned grocer balancing out his scales as good as he could with his weights. You can say, like you do (I gather), that this just adds to the wrong logic, and the state should keep itself out from the logic of discriminatory practice altogether, instead. Even if this would mean any possible existing inequality remains uncompensated for. That's a very principled stance.

But back to the pragmatical day-to-day practice that the idea of AA first came from. Lets seek out a parallel. You're in the city council. It turns out that in school A, on the leftbank of your town, the children coming into the first year are considerably less literate than those entering the first year of school B, on the rightbank. This will, of course, hamper their opportunities to get all out of school they could, or that the children in school B would. The school itself has two possibilities: start out from standard year-one level anyway, risking that the less literate children will not be able to follow the lessons and might eventually drop out in above-average numbers; or start at a lower level, risking they wont have covered the full curriculum at the end and its graduates will actually know less than school B's graduates.

A simple solution would be for the city council to extend a grant that makes it possible for school A to facilitate extra classes in the weekends, so that the below-standard literate kids can catch up. Perhaps those kids from school B who turn out to start with arrears can attend too.

Formally, of course, this would amount to "separating, granting privilege and discriminating". A hostile mind could even make it into "rewarding bad parenthood", though the arrears in literacy could also be due to the parents not being native-speakers, not being able to afford as good a pre-school, et cetera. In fact, methodological problems abound - what about the kids in school B who arrive at school with arrears, aren't they then discriminated against? Well, perhaps they can attend the classes, too. If the issue is parental responsibility, the scheme could be set up so that parents would need to contribute part of the costs, too, to an extent that would force them to involve themselves but would avoid children not being able to afford attending, and one can twist about the details of that, too. But would it really be a misuse of your tax dollars?

Would it really make sense to strike down the entire idea because of the principle that the state should not engage in discrimination? Would it really be preferable to just let the situation be, instead, and let the kids of school A, who can't help it themselves either, keep on heading for substandard end results, generation after generation?

My analogies tend to go haywire - did I succeed at all in making the point I was going for with that parallel?
0 Replies
 
fishin
 
  1  
Reply Fri 20 Jun, 2003 08:29 am
nimh wrote:
fishin' wrote:
As a result any lower law that attempts to resolve the social issue by granting any type of premission to discriminate is null and void


OK. I dont know enough about American law to say anything about it myself, you could well be right. But if AA laws and measures have indeed been in place for the past decades, does that mean that apparently, the American lawmakers have not shared your interpretation of the Constitution?


No, as I explained a few pages back, the quotas and preferences that are now what is called "AA" are in place by court order which is permissable. To use a simpler analogy, our Constitution prevents the government from seizing (taking) a persons property without just compensation. Now if a person commits a crime or injures another person a court can order the seizure of the persons assets to compensate the victim.

The same thing is what happned with quotas/preferences. Government and businesses were found to be violating the civil rights of minorities. The courts ordred quotas/preferences to remedy that. Once the specific violation of law is gone however, the court no longer has any authority to continue the order and the quotas and preferences end.

There is no legal provision in US law that allows the continuation of quotas and preferences to achieve a goal of social diversity.

Quote:
I guess what I'm hinting at is that we (overall, excepting expat experiences) can not know what discrimination is, what it feels like, how it works, even (or especially) on a day-to-day level.


There is an assumption implicit here that unless you are a minority you are incapable of recognizing or comprehending discrimination or that you can't be discriminated against and I don't think that to be true. This is the Jesse Jacksom school of discrimination theory. Under his (voiced) views only minorities can be discriminated against, only minorities suffer from discrimination and minorities are incabable of discriminating against others themselves. These veiws are exactly why huge portions of the population discredit and ignore pretty much anything Jackson has to say.

Quote:
Without wanting to equate the two situations, that's what I'm hinting at when I say that that "black kid across the street" will have a better idea about when & whether discrimination has ceased to impact his opportunities than we do. (And there's enough disagreement about the issue among Afro-Americans as it is.)


I would disagree. Each of us, being human, has a bit of a myopic view of the world. We can each spot instance of discrimination in our lives but we also have a tendency to look for easy answers. If the black kid across the street doesn't get a job he applies for or isn't accepted at the school of his/her choice is it because of their qualifications or because they are black? A large part of the current dilema is that people are quick to jump on the assumption that it's because they are black when there are hundereds of other reasons the person may be denied. (and there are thousands of EEO complaints filed annually that are denied to demonstrate this..)

Quote:
I also do attach some credence to such claims when people make them. Because, contradictory to what you suggest, I have actually heard very few white people assert that they had to work twice as hard as others to achieve what they did, or that they have to try twice as hard as others to get the jobs or positions they aspire. Whereas I have heard many Asian-, Afro-and Arab-Europeans say this. That can only mean two things: they are, at least to some extent, right; or these non-whites of a range of backgrounds are, collectively, significantly more prone to whining than whites.


IMO, it's more of a matter of being "on the outside". I've heard the comments about working harder made by women, blacks, hispanics, etc.. I've sat in my office and had officemates that did NOTHING all day long say it. How can they be working twice as hard and not produce anything? The fact that people say things doesn't make those things true.

You say the complaints can only mean two things but I'd submit that it could mean a multitude of things. One other thing it could mean is that the people doing the complaining have a skewed perception of what others around them are seeing/doing. If you have blonde hair and blue eyes and prepare for a trip to Aisa you would likely be told that Asians will stare at you while you are there. When you get there and get off the plane you are more likely to be on the look out for people staring at you. Not because they are doing anything differently than they always have but because of what you were told. Send two blonde haired/blue eyed people over on the same plane and only tell one of them of this phenomona and the one that was told will undoubtedly come back and tell you they were stared at quite a bit more than the other person will. The same happens with discrimination. Tell a group of people that they are being discriminated against and they will tend to see more discrimination. In many cases they will suddenly see themselves being discriminated against in things that they've been doing every day of their lives and never thought of as discriminatory before.

Quote:
The logic of affirmative action is in the start-out assumption that there is, at this time, an inequality in opportunity. The state - i.e., we, as a collective - then steps in to compensate for this and create a level playing field again. Well, you know the argument.


Yup. And you know the counter argument. Here, in the US, the state is prohibited from stepping in as a general course of action. Razz

Quote:
But back to the pragmatical day-to-day practice that the idea of AA first came from. Lets seek out a parallel. You're in the city council. It turns out that in school A, on the leftbank of your town, the children coming into the first year are considerably less literate than those entering the first year of school B, on the rightbank. This will, of course, hamper their opportunities to get all out of school they could, or that the children in school B would. The school itself has two possibilities: start out from standard year-one level anyway, risking that the less literate children will not be able to follow the lessons and might eventually drop out in above-average numbers; or start at a lower level, risking they wont have covered the full curriculum at the end and its graduates will actually know less than school B's graduates.

A simple solution would be for the city council to extend a grant that makes it possible for school A to facilitate extra classes in the weekends, so that the below-standard literate kids can catch up. Perhaps those kids from school B who turn out to start with arrears can attend too.

Formally, of course, this would amount to "separating, granting privilege and discriminating". A hostile mind could even make it into "rewarding bad parenthood", though the arrears in literacy could also be due to the parents not being native-speakers, not being able to afford as good a pre-school, et cetera. In fact, methodological problems abound - what about the kids in school B who arrive at school with arrears, aren't they then discriminated against? Well, perhaps they can attend the classes, too. If the issue is parental responsibility, the scheme could be set up so that parents would need to contribute part of the costs, too, to an extent that would force them to involve themselves but would avoid children not being able to afford attending, and one can twist about the details of that, too. But would it really be a misuse of your tax dollars?

Would it really make sense to strike down the entire idea because of the principle that the state should not engage in discrimination? Would it really be preferable to just let the situation be, instead, and let the kids of school A, who can't help it themselves either, keep on heading for substandard end results, generation after generation?


This scenario is much easier to deal with since there is no prohibition on the government discriminating on the basis of test scores or knowledge. The taboos are race, gender, age and religious preference. As long as the discrimination isn't based on those 4 areas the discrimination is "legal" here.

But, if we were to apply the original concept of AA to this scenario the government could arrange to make additional classes available, let everyone necessary know of the testing results, let everyone (from both school "A" and school "B") know that they can attend the classes if they chose to, advertise the benfits of attendinga nd make recommendations as to who would benefit the most (i.e. those who scored below a target point on the tests..). Whether parents send their children or not would be up to them. The additional classes are then open to all without any discrimination at all. That is equeal opportunity.

If a child (or group of children) from school B is behind that doesn't automatically make it discrimination. Discrimination here is based on opportunity, not results. If the children from school B have all of the opportunities available to them and they don't make use of those opportunities then there is, IMO, no responsibility of the state or society to step in and make changes to accomodate them after that point.

The state, in this case, DOES have a responsibility to look at why children from School B are behind as a group though. Any institutional differences between the schools should be eliminated to prevent the situation from recurring. Once the school itself is eliminated as a possible cause for the differences the state doesn't have any responsibility or authority to go looking into other causes that are beyond the state's scope (i.e. whether or not the kids have "good parents", etc..).
0 Replies
 
au1929
 
  1  
Reply Fri 20 Jun, 2003 09:58 am
Indefensible
The mistaken road of affirmative action and diversity.
By Carol Iannone


It is amazing to contemplate the number of arguments for affirmative action that have been advanced, and then ultimately discredited, since the policy first began to be implemented in the mid 1960s. Yet notwithstanding these repeated defeats, affirmative action has brought about vast — and vastly detrimental — changes in the very nature of higher education itself, changes that will be hard to undo even if the policy is finally prohibited by the courts, as it certainly should be.
More}
http://www.nationalreview.com/comment/comment-iannone062003.asp

Article from the National review Another view of diversity.
0 Replies
 
steissd
 
  1  
Reply Fri 20 Jun, 2003 12:49 pm
The only change that is to be done is implementing equal treatment of all the applicants for university studies, regardless of their race, age, religion, sex and sexual orientation. Affirmative action contradicts such an approach. I would support preferential treatment only for honorably discharged soldiers that got disabled in the wars the U.S. took part in.
0 Replies
 
nimh
 
  1  
Reply Sun 22 Jun, 2003 09:55 pm
fishin' wrote:
nimh wrote:
But if AA laws and measures have indeed been in place for the past decades, does that mean that apparently, the American lawmakers have not shared your interpretation of the Constitution?


[..] Government and businesses were found to be violating the civil rights of minorities. The courts ordred quotas/preferences to remedy that. Once the specific violation of law is gone however, the court no longer has any authority to continue the order and the quotas and preferences end.

There is no legal provision in US law that allows the continuation of quotas and preferences to achieve a goal of social diversity.


Not wanting to appear dim, but I think I'm still left with the same question, really.

If what you write were indeed the case, why havent the Supreme Court or the US lawmakers struck down AA yet as being in contradiction with the Constitution, like you say - why haven't they declared "the continuation of quotas and preferences" illegal? Or did they? (Whose court would the ball be in?)

If they havent, is that because they do not, formally, share your interpretation of its (il)legality, yet?

Just trying to separate established fact from (however convincingly argued) opinion, here.

I was writing much more in re: to your post, but its all unfinished. Later, I hope! ;-)
0 Replies
 
fishin
 
  1  
Reply Mon 23 Jun, 2003 06:27 am
nimh - The Courts (including the Supreme Court) have had several rulings on the issue and that is one of several reasons why many of the AA supporters here are nervous about the upcoming ruling in the Uinv. of Michigan case (which is due out this week..). AA Programs expanded through the 70s and 80s and then in the late 80s the courts started limiting AA's use.

The 1978 Bakke decision by the USSC laid out a set of "ground rules" for when quotas and preferences met Counstitutional muster. In 1989 the court tightened up the rules even more in their Richmond vs. Croson ruling and then again in 1995 in Adarand Construction vs. Pena. These aren't the only rulings but they are the 3 major ones. There are 20-30 more that all reaffirmed the Bakke decision.
0 Replies
 
nimh
 
  1  
Reply Mon 23 Jun, 2003 06:44 am
fishin' wrote:
The 1978 Bakke decision by the USSC laid out a set of "ground rules" for when quotas and preferences met Counstitutional muster. In 1989 the court tightened up the rules even more in their Richmond vs. Croson ruling and then again in 1995 in Adarand Construction vs. Pena. These aren't the only rulings but they are the 3 major ones. There are 20-30 more that all reaffirmed the Bakke decision.


Thanks for the info! I know little of US law.

What you mention about the changing "ground rules" in itself is interesting, because it confirms that what the Constitution is judged to prescribe in terms of current AA practices in itself is a matter of interpretation - not something that can be gleaned from the Constitution's text in absolute terms, but something that is "read" differently according to the political spirit of the time. (Well, duh, but still).
0 Replies
 
nimh
 
  1  
Reply Tue 24 Jun, 2003 06:07 pm
fishin' wrote:
Quote:
I also do attach some credence to such claims when people make them. Because, contradictory to what you suggest, I have actually heard very few white people assert that they had to work twice as hard as others to achieve what they did, or that they have to try twice as hard as others to get the jobs or positions they aspire. Whereas I have heard many Asian-, Afro-and Arab-Europeans say this. That can only mean two things: they are, at least to some extent, right; or these non-whites of a range of backgrounds are, collectively, significantly more prone to whining than whites.


IMO, it's more of a matter of being "on the outside". I've heard the comments about working harder made by women, blacks, hispanics, etc.. I've sat in my office and had officemates that did NOTHING all day long say it. How can they be working twice as hard and not produce anything? The fact that people say things doesn't make those things true.


I may be naive in attaching credence to such claims. The people whom I've heard claim that it was because they were from a minority group that they had to make twice the effort, could indeed have a skewed perception of things because they expected to find racism being in their way, or because many people on the whole tend to perceive themselves to work harder than others. They could in fact simply not have been good enough or not actually have worked any harder than their colleagues; in which case my naivity would be showing in assuming that they were good and did their best and, ergo, the system must have been to blame if they didnt make it (etc).

First of all, I must add again, though, that I simply can not share at least one of the underlying observations there. No offence(!), but judging on your description you seem to have been surrounded by many a whiner and pompous ass on your work, who complain all day and do nothing! I don't think I've ever had colleagues that did nothing all day and still whined about how they were misjudged. I have, on the other hand, met many an ambitious, intelligent, open-minded person who was full of creative ideas but nevertheless frustrated with having to grapple with that "nasty, clubby little outfit which judges people on all the wrong sorts of judgements". In that respect, there's at least one underlying level of our argument that suggests we seem to live in different worlds ... and this, of course, would go right back to the old cliche about leftists going through life with rose-coloured glasses and rightists tending to see people in a pretty gritty light. It appears we both, too, seem to see a selective reality based on what we expect to see.

In fact, I was pondering about how something interesting seems to have taken place in our conversation. There is a question of trust there, in the end. Though we both seem to be arguing our respective case wholly on rational arguments, underlying them is a simple choice of belief. I think I can see my naivity, about the claims colleagues make about how they had to grapple with colour-driven barriers, reflected in a naivity in your argument about what, then, does determine the process. Let's put it this way, in extremis (and I realise I'm putting forth one of those false either/or arguments again): either you believe that HR workers, managers and those assigning contracts work entirely on rational determinators, always succeeding in letting the optimal company result override whatever prejudices or personal instinct they may have - and thus those who complain they were discriminated against must be the victims of misperceiving their own qualities and efforts. Or you believe that professional people are capable of neutrally judging their own qualities and efforts in comparison with others', and that thus, when one after the other consistently claims that their colour has impacted their chances, it must be that something is amiss in the system still. Who do you believe?

Underlying your argument that people of colour are actually not encountering such barriers anymore, and any trouble they experience in making their way up thus is to do with their own deficiencies - and that their impression that this is not so, is in fact the result of "skewed perceptions" - is the assumption that, in actual reality, the processes of hiring, promoting, firing and assigning contracts are driven entirely by rational and unbiased processes of evaluation. That HR people hire only the very best on only objective criteria, that promotions are decided exclusively on questions of merit, that assignments are awarded always to the party with the best formal qualifications - et cetera. This is obviously not true. Thats why I quoted John Simpson on journalism: "a nasty, clubby little outfit which judges people on all the wrong sorts of judgements, like who they know, how old they are and what their background is as opposed to what they are themselves". If man does tend to see what he expects to see, or what he wants to see, as you rightly suggest, the same would go for HR personnel, managers and even teachers, and it would thus be only natural that the processes they oversee are beset by human weaknesses.

For example, we had to hire a new colleague a while ago. In the end, we had two applicants left. One was ambitious, knowledgeable about the subject and highly articulate; she was also white, and had studied at university like me, actually having graduated in something related to what I'd done. The other, however, seemed much more practical-minded, and had specific skills that were needed for the job. They were both clearly well able to do the job: one had a little more of this, the other a little more of that. Who to choose? I kept catching myself at recognizing things in her that I thought were beneficial for the job - note the word "recognize" - I recognized them from myself. I recognized myself. I more readily recognized what was good about her because it resembled what is good about me. This is very human, but does not actually say anything about her qualifications being any better than her rival's. It was our boss who in the end had to refer us to the simple, bottom-line rule that we maintain in our organisation: in case of equal suitability for the job, preference goes to the applicant from a minority group. That simple.

This example shows, I think, a little of why diversity management, or whatever you want to call it, is so necessary. I do believe people instinctively choose for what they recognize. Even highly qualified HR managers do, because it is an instinct all too easily cloaked by rationalisations that seem perfectly reasonable: fits with the team, would take less time & effort to break in, seems more companiable & communicative, which is important for the job. That the highly qualified HR manager I remember being interviewed once ended up, by using such reasonable criteria, hiring employees that in majority were from the same university as him, was of course mere coincidence. Apparently, the appreciation of the true value of that which is different often has to be trained. Hence diversity trainings.

Results are apparent: companies who went out of their way drafting and implementing (!) a deliberate diversity recruitment policy suddenly do turn out to find those qualified professionals of colour whom their counterparts maintain "are just not there". Self-regulation, thus? Yes, except that such companies are still a minority (here in Europe, in any case). In Holland, even a law that merely required companies to report back on how many people of colour they employed - no further action required, just to look at this question - was overwhelmingly dodged. Quota are a drastic means, AA measures a more subtle one, to edge on the companies that wouldnt spontaneously go diversity-training. If I can do with a reminder that, "in case of equal qualifications ..", how great an impact does it not have elsewhere?

Thats all AA is for: to ensure that people of colour who could do the job just as well, are no longer passed by. It doesnt take the place of a perfectly merit-based system. It largely takes the place - or merely complements - existing "clubby" criteria. And as such it is needed until the data show that people of colour do, actually, climb up as easily as any white guy. That goes for education as much as for the labour market. I havent seen such data in this thread, either. Just impressions to counter mine, impressions of people looking at people of colour and saying: 'I dont think they have half as hard a time as they say they do' ...
0 Replies
 
nimh
 
  1  
Reply Tue 24 Jun, 2003 06:40 pm
fishin' wrote:
The same thing is what happned with quotas/preferences. Government and businesses were found to be violating the civil rights of minorities. The courts ordred quotas/preferences to remedy that. Once the specific violation of law is gone however, the court no longer has any authority to continue the order and the quotas and preferences end.

There is no legal provision in US law that allows the continuation of quotas and preferences to achieve a goal of social diversity.


Concerning this, I'm sure you've read the news about how the Univ of Michigan case you mentioned was decided on. The newspaper I borrowed from my neighbour headlined the news, "University US is allowed to let race weigh in - Court allows favouring minorities". (Thats a translation).

Apparently the case was about exactly the kind of measure I wrote about at length in what I just posted: Barbara Grutter, the plaintive, had not been accepted by the UM because "candidates of colour with equal qualifications took precedence" - but her case was rejected. The report also notes that the American Bar Association had supported the University in this case.

Quote (translated again): The conclusion that the Constitution permits affirmative action now will apply as a rule to which school governors and policy makers in Washington will have to adhere; and The Constitution "does not forbid the strictly formulated use of race in decisions on admittance", wrote O'Connor.

What's your reading of the verdict? Your case, I think, has thus far been that whether the merits of "adopting (AA) measures to counteract continuing discrimination" are worthwhile or not is irrelevant, really, since they are forbidden by the Constitution anyway, as "the Supreme law of the land says that governmnet agencies/entities [and] businesses that are open to the general public, can not discriminate". I understand that the new verdict does lay down its own limitations on AA, like the earlier cases you mention, but that it also does state explicitly enough that AA is not per se in conflict with the Constitution's stipulations. That must return the debate to the actual merits of the case for AA again, then, for you?
0 Replies
 
fishin
 
  1  
Reply Tue 24 Jun, 2003 07:16 pm
nimh wrote:
Underlying your argument that people of colour are actually not encountering such barriers anymore, and any trouble they experience in making their way up thus is to do with their own deficiencies - and that their impression that this is not so, is in fact the result of "skewed perceptions" - is the assumption that, in actual reality, the processes of hiring, promoting, firing and assigning contracts are driven entirely by rational and unbiased processes of evaluation. That HR people hire only the very best on only objective criteria, that promotions are decided exclusively on questions of merit, that assignments are awarded always to the party with the best formal qualifications - et cetera. This is obviously not true. Thats why I quoted John Simpson on journalism: "a nasty, clubby little outfit which judges people on all the wrong sorts of judgements, like who they know, how old they are and what their background is as opposed to what they are themselves". If man does tend to see what he expects to see, or what he wants to see, as you rightly suggest, the same would go for HR personnel, managers and even teachers, and it would thus be only natural that the processes they oversee are beset by human weaknesses.


First off, I'm not picking on this particular statement. The entire post was just to long to quote in it's entirety and this one paragraph says, IMO, something very important about this discussion.

No one here has said that discrimination doesn't exist. I doubt anyone would say that it is gone. What has been said is that institutiotional racism is now prohibited by law and the laws that used to exist that allowed instutionalized racism are gone.

I have also not stated that minoritites perceptions are all skewed. Neither you nor I can know who's perceptions are skewed without looking at any complete set of factors. If your charge is that I'm skeptical in to accepting someone's word that they work twice as hard as others just because they say they do well.. Yeah, you do have me there. I've had enough employees and co-workers come to me over the years with that exact claim and in my own subjective asssment most of the people either were working harder because they chose to take the more complicated method to get the end result or their claims were unfounded. In many of the cases they thought the other person was doing a lot less then what was actually being done.

I would also agree that HR and management personnel are swayed by their own biases in hiring, firing, work assignments, etc.. Your underlying argument here is that those people use discriminatory biases as their first level criteria and I have only found that to be the case in a very few situations. If it were the case then minorities would seldom ever get a job interview never mind a job itself.

John Simpons's quote becomes a bit of a joke if you pull it apart. What does a journalist do for a living? They interview people and try to figure out what is going on, what is news, and they report on it. How would "who you know" NOT be important in that context? Talk to anyone that has been in any industry for any length of time and you'll find out that contacts are a significant factor in MANY jobs (if you are in sales your contacts are often a DIRECT measure of your worth). Who you know may very well allow you to get information that others can't get as well as allow you to get your job done faster.

How would the persons background NOT be important? Would you send someone with no political reporting experience to interview a head of state? Do you send someone with no understanding of medicine to report on breaking medical breakthroughs?

His statement isn't unusual. Ask anyone that has worked for a few years and they'll tell you the exact same thing. Is it discrimination when EVERYONE has to deal with it?

Those are blatant cases but, sure, there is office politics in every job. I would never deny that. And yes, sometimes office politics does involve race, religion, age, sex, etc.. And when they do there are means established for people to report it and deal with it. Some of those are internal to the company, others are external and usually run by a government agency.

So yeah, we may both be looking at this through our own perceptions but there are an awful lot of protections and means or redress out there for people who feel that they have a valid claim of discrimination. If the people you are hearing the comments from all have valid complaints why aren't they addressing them? Why are large percentages of EEO complaints that are investigated by the government found to be without merit? Is this because the government agencies are all biased too? Or is it because people claim they are discriminated against when something has happened to them for very different reasons?

Let me ask this, have you gotten every job, job promotion and/or job assignment that you thought you should get? Have you ever seen someone else get a job assignment and asked yourself why they got it instead of you? Do you feel that you work harder than some of the people you've worked with? I'm guessing that you are pretty normal and you have. Were you discriminated against?
0 Replies
 
fishin
 
  1  
Reply Tue 24 Jun, 2003 07:23 pm
nimh wrote:
Quote (translated again): The conclusion that the Constitution permits affirmative action now will apply as a rule to which school governors and policy makers in Washington will have to adhere; and The Constitution "does not forbid the strictly formulated use of race in decisions on admittance", wrote O'Connor.

What's your reading of the verdict? Your case, I think, has thus far been that whether the merits of "adopting (AA) measures to counteract continuing discrimination" are worthwhile or not is irrelevant, really, since they are forbidden by the Constitution anyway, as "the Supreme law of the land says that governmnet agencies/entities [and] businesses that are open to the general public, can not discriminate". I understand that the new verdict does lay down its own limitations on AA, like the earlier cases you mention, but that it also does state explicitly enough that AA is not per se in conflict with the Constitution's stipulations. That must return the debate to the actual merits of the case for AA again, then, for you?


My reading of it is that it does pretty much what I wanted out of the rulings. (There were actually 2 seperate UofMich rulings). The ruling in the law school case says that race can be considered as a part of a strictly formulated decision. The second case said that race CAN'T be used as a part of an unqualified formula (i.e. you are a minority so you automatically get 20 points just because of your heritage..).

Between the two cases it takes us very close to the original concept of Affirmative Action which is where I thought we should be. Race can be a factor but there can be no quotas and no points assigned based on race.

Edited to add clarification BTW, I never had any issues with the original concept of AA. My only issue with the expansion of AA over the years to include quotas or percentage points as a measure of AA compliance. The 2nd ruling does away with those pretty much entirely at this point so we are back to AA as it was intended.
0 Replies
 
nimh
 
  1  
Reply Tue 24 Jun, 2003 08:48 pm
wow, you're fast! <smiles>
0 Replies
 
fishin
 
  1  
Reply Tue 24 Jun, 2003 09:10 pm
lol I'm bored mostly but it's a topic I like to dig into. Unfortunately, IMO, there is no black & white as far as answers go on this one. There are hundreds of little nuances that the lines have to dance around. We, as a society, are still drawing, erasing, redrawing. re-erasing and redrawing again, those little lines every day.

It could be worse. We could all be machines... Wink
0 Replies
 
 

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