Racial quotas
Encyclopedia
Racial quotas in employment and education are numerical requirements for hiring, promoting, admitting and/or graduating members of a particular racial group. Racial quotas are often established as means of diminishing racial discrimination
, addressing under-representation and evident racism
against those racial groups. Some individuals consider racial quotas reverse racism
. Racial quotas are closely linked to notions of group rights, and special rights
.
These quotas may be determined by governmental authority and backed by governmental sanctions. When the total number of jobs or enrollment slots is fixed, this proportion may get translated to a specific number. In education, this kind of quota is also known as Numerus clausus
.
, especially during the 1970s. Richard Nixon
's Labor Secretary
George P. Schultz demanded that anti-black construction unions allow a certain number of black people into the unions. The Department of Labor
began enforcing these quotas across the country. After a Supreme Court case, Griggs v. Duke Power Company, found that neutral application tests and procedures that still resulted in de facto segregation of employees (if previous discrimination had existed) were illegal, more companies began implementing quotas on their own.
In a 1973 court case, a federal judge created one of the first mandated quotas when he ruled that half of the Bridgeport, Connecticut
Police Department's new employees must be either black or Puerto Rican
. In 1974, the Department of Justice
and the United Steelworkers of America came to an agreement on the largest-to-then quota program, for steel unions.
In 1978, the Supreme Court ruled in Bakke v. Regents that public universities (and other government institutions) could not set specific numerical targets based on race for admissions or employment. The Court said that "goals" and "timetables" for diversity could be set instead. A 1989 Supreme Court case, United Steelworkers v. Weber
, found that private employers could set rigid numerical quotas, if they chose to do so. In 1990, the Supreme Court found that a 10% racial quota for federal contractors was permitted.
Then in 1991, President George H. W. Bush made an attempt to abolish affirmative action altogether claiming that “any regulation, rule, enforcement practice or other aspect of these programs that mandates, encourages, or otherwise involves the use of quotas, preferences, set-asides or other devices on the basis of race, sex, religion or national origin are to be terminated as soon as is legally feasible." This claim led up to the creation of the Civil Rights Act of 1991
, however the document was not able to implement these changes. It only covered the terms for settling cases where discrimination has been confirmed to have occurred.
" which causes the majority and sometimes more qualified individuals to lose out to a minority. Another significant problem with racial quotas is the controversial process of reevaluating quota percentages after changes of racial ratios in a society.
programs often deny that these programs involve quotas, although some openly do, such as the admission program of the Universidade Federal do Rio Grande do Sul. Advocates may regard the term "racial quotas" as particularly divisive in that it is assumed to be backed by the force of law to enable or disable certain linked programs or benefits based solely upon attainment of the one quota measure.
The law student organization Building a Better Legal Profession
has developed a method to encourage politically liberal students to avoid law firms whose racial makeup is markedly different than that of the population as a whole. In an October 2007 press conference reported in The Wall Street Journal
, and the New York Times the group released data publicizing the numbers of African-Americans, Hispanics, and Asian-Americans at America's top law firms. The group has sent information to top law schools around the country, encouraging students who agree with this viewpoint to take the demographic data into account when choosing where to work after graduation. As more students choose where to work based on the firms' diversity rankings, firms face an increasing market pressure in order to attract top recruits.
Examples:
Related:
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
, addressing under-representation and evident racism
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
against those racial groups. Some individuals consider racial quotas reverse racism
Reverse racism
Reverse racism is a controversial term which refers to racial prejudice or discrimination directed against the traditionally dominant racial group in a society. It is sometimes used as a pejorative description of systems which discriminate in favour of members of racial minorities, more formally...
. Racial quotas are closely linked to notions of group rights, and special rights
Special rights
Special rights is a term originally used by libertarians to refer to laws granting rights to one or more groups which are not extended to other groups...
.
These quotas may be determined by governmental authority and backed by governmental sanctions. When the total number of jobs or enrollment slots is fixed, this proportion may get translated to a specific number. In education, this kind of quota is also known as Numerus clausus
Numerus clausus
Numerus clausus is one of many methods used to limit the number of students who may study at a university. In many cases, the goal of the numerus clausus is simply to limit the number of students to the maximum feasible in some particularly sought-after areas of studies.However, in some cases,...
.
History
Racial quotas in the United States began to be implemented with government approval after the Civil Rights Act of 1964Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States that outlawed major forms of discrimination against African Americans and women, including racial segregation...
, especially during the 1970s. Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
's Labor Secretary
United States Secretary of Labor
The United States Secretary of Labor is the head of the Department of Labor who exercises control over the department and enforces and suggests laws involving unions, the workplace, and all other issues involving any form of business-person controversies....
George P. Schultz demanded that anti-black construction unions allow a certain number of black people into the unions. The Department of Labor
United States Department of Labor
The United States Department of Labor is a Cabinet department of the United States government responsible for occupational safety, wage and hour standards, unemployment insurance benefits, re-employment services, and some economic statistics. Many U.S. states also have such departments. The...
began enforcing these quotas across the country. After a Supreme Court case, Griggs v. Duke Power Company, found that neutral application tests and procedures that still resulted in de facto segregation of employees (if previous discrimination had existed) were illegal, more companies began implementing quotas on their own.
In a 1973 court case, a federal judge created one of the first mandated quotas when he ruled that half of the Bridgeport, Connecticut
Bridgeport, Connecticut
Bridgeport is the most populous city in the U.S. state of Connecticut. Located in Fairfield County, the city had an estimated population of 144,229 at the 2010 United States Census and is the core of the Greater Bridgeport area...
Police Department's new employees must be either black or Puerto Rican
Puerto Rico
Puerto Rico , officially the Commonwealth of Puerto Rico , is an unincorporated territory of the United States, located in the northeastern Caribbean, east of the Dominican Republic and west of both the United States Virgin Islands and the British Virgin Islands.Puerto Rico comprises an...
. In 1974, the Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
and the United Steelworkers of America came to an agreement on the largest-to-then quota program, for steel unions.
In 1978, the Supreme Court ruled in Bakke v. Regents that public universities (and other government institutions) could not set specific numerical targets based on race for admissions or employment. The Court said that "goals" and "timetables" for diversity could be set instead. A 1989 Supreme Court case, United Steelworkers v. Weber
United Steelworkers v. Weber
United Steelworkers of America v. Weber, 443 U.S. 193 , was a case regarding affirmative action in which the United States Supreme Court held that the Civil Rights Act of 1964 did not bar employers from favoring women and minorities...
, found that private employers could set rigid numerical quotas, if they chose to do so. In 1990, the Supreme Court found that a 10% racial quota for federal contractors was permitted.
Then in 1991, President George H. W. Bush made an attempt to abolish affirmative action altogether claiming that “any regulation, rule, enforcement practice or other aspect of these programs that mandates, encourages, or otherwise involves the use of quotas, preferences, set-asides or other devices on the basis of race, sex, religion or national origin are to be terminated as soon as is legally feasible." This claim led up to the creation of the Civil Rights Act of 1991
Civil Rights Act of 1991
The Civil Rights Act of 1991 is a United States statute that was passed in response to a series of United States Supreme Court decisions which limited the rights of employees who had sued their employers for discrimination...
, however the document was not able to implement these changes. It only covered the terms for settling cases where discrimination has been confirmed to have occurred.
Opposition
Opponents of quotas object that one group is favored at the expense of another whenever a quota is invoked (i.e., 8 out of 10 available positions) rather than factors such as grade point averages or test scores. They argue that using quotas displaces individuals that would normally be favored based on their individual achievements. Opponents of racial quotas believe that qualifications should be the only determining factor when competing for a job or admission to a school. This brings about the problem called "reverse discriminationReverse discrimination
Reverse discrimination is a controversial term referring to discrimination against members of a dominant or majority group, including the city or state, or in favor of members of a minority or historically disadvantaged group such as African Americans being slaves. Groups may be defined in terms of...
" which causes the majority and sometimes more qualified individuals to lose out to a minority. Another significant problem with racial quotas is the controversial process of reevaluating quota percentages after changes of racial ratios in a society.
Alternatives
Advocates of affirmative actionAffirmative action
Affirmative action refers to policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination.-Origins:The term...
programs often deny that these programs involve quotas, although some openly do, such as the admission program of the Universidade Federal do Rio Grande do Sul. Advocates may regard the term "racial quotas" as particularly divisive in that it is assumed to be backed by the force of law to enable or disable certain linked programs or benefits based solely upon attainment of the one quota measure.
The law student organization Building a Better Legal Profession
Building a Better Legal Profession
Building a Better Legal Profession is a national grassroots organization founded by students at Stanford Law School in January 2007. The group collects and publicizes employment data at large private law firms as a way of encouraging workplace reform at these companies...
has developed a method to encourage politically liberal students to avoid law firms whose racial makeup is markedly different than that of the population as a whole. In an October 2007 press conference reported in The Wall Street Journal
The Wall Street Journal
The Wall Street Journal is an American English-language international daily newspaper. It is published in New York City by Dow Jones & Company, a division of News Corporation, along with the Asian and European editions of the Journal....
, and the New York Times the group released data publicizing the numbers of African-Americans, Hispanics, and Asian-Americans at America's top law firms. The group has sent information to top law schools around the country, encouraging students who agree with this viewpoint to take the demographic data into account when choosing where to work after graduation. As more students choose where to work based on the firms' diversity rankings, firms face an increasing market pressure in order to attract top recruits.
See also
- Equality of opportunity vs Equality of outcomeEquality of outcomeEquality of outcome, equality of condition, or equality of results is a controversial political concept. Although it is not always clearly defined, it is usually taken to describe a state in which people have approximately the same material wealth or, more generally, in which the general conditions...
- RacismRacismRacism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
, Anti-racismAnti-racismAnti-racism includes beliefs, actions, movements, and policies adopted or developed to oppose racism. In general, anti-racism is intended to promote an egalitarian society in which people do not face discrimination on the basis of their race, however defined... - Reverse discriminationReverse discriminationReverse discrimination is a controversial term referring to discrimination against members of a dominant or majority group, including the city or state, or in favor of members of a minority or historically disadvantaged group such as African Americans being slaves. Groups may be defined in terms of...
, DiscriminationDiscriminationDiscrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
Examples:
- Affirmative ActionAffirmative actionAffirmative action refers to policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination.-Origins:The term...
- Diversity (business)Diversity (business)The "business case for diversity" stems from the progression of the models of diversity within the workplace since the 1960's. The original model for diversity was situated around affirmative action drawing strength from the law and a need to comply with equal employment opportunity objectives...
- Jewish quotaJewish quotaJewish quota was a percentage that limited the number of Jews in various establishments. In particular, in 19th and 20th centuries some countries had Jewish quotas for higher education, a special case of Numerus clausus....
- Numerus claususNumerus claususNumerus clausus is one of many methods used to limit the number of students who may study at a university. In many cases, the goal of the numerus clausus is simply to limit the number of students to the maximum feasible in some particularly sought-after areas of studies.However, in some cases,...
- Regents of the University of California v. BakkeRegents of the University of California v. BakkeRegents of the University of California v. Bakke, was a landmark decision of the Supreme Court of the United States that ruled unconstitutional the admission process of the Medical School at the University of California at Davis, which set aside 16 of the 100 seats for African American...
- Reservation in IndiaReservation in IndiaReservation in India is a form of affirmative action designed to improve the well being of socially backward and underrepresented communities of citizens in India. There are laws in place, wherein a certain percentage of total available slots in Jobs and Education are set aside for people from...
- Reserved political positionsReserved political positionsSeveral politico-constitutional arrangements use reserved political positions, especially when endeavoring to ensure the rights of minorities or preserving a political balance of power...
Related:
- All-women shortlistsAll-women shortlistsThe use of all-women shortlists is the political practice intended to increase the proportion of female Members of Parliament in the United Kingdom by allowing only women to stand in particular constituencies for a particular political party. Though the practice is available to all parties, only...