Is Affirmative Action Ethical?

              Discussions about race are always difficult.  Although we all try to be objective about our judgments, we are ultimately swayed by our personal beliefs and experiences.  Yet, I sincerely make a best effort to critically think about the issue at hand.  I consider others’ perspectives and orientations, my own assumptions, facts, and implications and consequences (of my behavior).  That being said, I still stand by my beliefs but also recognize that another’s viewpoint carries equal merit.    

            First, I will discuss the conditions for the requirement of an affirmative action program.  In general, employers are not required to have a formal affirmative action program (Society for Human Resource Management, 2015).  This is because protection against employer discrimination is already covered under Title VII of the Civil Rights Act of 1964 (U.S. Equal Employment Opportunity Commission, n.d.).  Title VII prohibits discrimination because of sex, race, color, national origin, and religion (U.S. Equal Employment Opportunity Commission, n.d.). 

            An affirmative action program is required for an employer when a) as a condition of doing business with the federal government, or b) a court ordered solution to remedy discrimination practices (Society for Human Resource Management, 2015). 

            The arguments I will pose are only to highlight certain instances in which I believe affirmative action to be unethical, however, I am not saying that the concept of affirmative action on the whole is unethical.  I understand that it is meant to do good. 

            I believe affirmative action to be unethical.  If I could boil my reason down to its simplest form, my argument in based on my perspective of equity versus equality.  In the context of this discussion, affirmative action is a process to ensure equity – that those who are disadvantaged are given an advantage so that the “playing field” is equal.  On the other hand, equality ensures that everyone gets the same treatment.    

            I believe affirmative action to be unethical for the following two reasons. (Although there are many different arguments to be made, I chose two for brevity).  First, I believe affirmative action to be unethical as a tool use for recompense.  Should one be punished for the sins of his or her ancestors?  It is argued that affirmative action is needed because African-Americans have been subjected to systematic and institutional racism (LaFollette, 2007).  In short, affirmative action is justified because of past discrimination.  (I noted above that affirmative action is also used for employers caught in current discrimination practices.)

            The consequence of affirmative action is that someone “pays the price” for that restitution even when he or she is innocent, non-involved, or ignorant to past wrong doings.  If we follow this notion, should not the entirety of present-day German citizens continue to provide restitution to Jewish people (who are not holocaust victims)?  LaFollete (2007) argued yes – although someone may not have directly benefited from something his or her ancestors/race did, it undoubtedly gave him or her an advantage in his or her life prospects.   

            Second, I believe affirmative action to be unethical because its disadvantages an otherwise fully qualified candidate based on his or her race (see the irony?).  For instance, if a white and black male both applied for a job, and the employer sought to meet a federally scripted "placement goal" of African-American employees, then the black male would be hired.  Considering that both males were equally qualified, then white male was not hired strictly based on his race.

            Moreover, I believe it takes away the merit and dignity of work.  If the white male is objectively more qualified (i.e. more education, skills, experience, etc.) than the black male, the black male would still be hired.  Title VII does not require an employer to hire (or promote) an unqualified person (Society for Human Resource Management, 2015).  However, it can lead to the indirect effect of the lesser qualified candidate being selected because he is black.  Is it ethical to reward one (over another) without merit?

            Holzer & Nuemark (1996) conducted a study to determine if affirmative action resulted in the hire of less qualified candidates.  The results, based on a sample of 3,200 employers found that there were some evidence indicating lower educational qualifications among blacks and Hispanics hired (opposed to white counterparts) (Holzer & Neumark, 1996).  However, it is also important to note that there was little evidence of substantially weaker job performance of the affirmative action hires (Holzer & Neumark, 1996).

            I have no personal experiences with affirmative action although it is meant to include all minorities.  I am indifferent to it.  On the one hand, I am not white (with no perceived or real advantages).  On the other hand, I am not black (with no perceived or real disadvantages).  Moreover, I am not a female (obviously).  I am Asian – a first-generation born Filipino-American born to immigrant parents, who grew up in a modest income home.  Yet, here I am today – a professional pursuing an MBA.  I cannot say if institutional norms helped or hurt me.  But I can say that given an equal chance, I was able to succeed.

References

Holzer, H., & Neumark, D. (1996). Retrieved from National Bureau of Economics: http://www.nber.org/papers/w5603

LaFollette, H. (2007). The practice of ethics. Malden, MA: Blackwell Publishing.

Society for Human Resource Management. (2015, November 9). Retrieved from Society for Human Resource Management: https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/whenisanaapneeded.aspx

U.S. Equal Employment Opportunity Commision. (n.d.). Retrieved from www.eeoc.gov: https://www.eeoc.gov/laws/statutes/titlevii.cfm