Affirmative action for women:

A legal and historical review and analysis of its controversy

Teresa Rieger

Public Personnel Administration 626

September 6, 2005

Introduction

Many people criticize affirmative action programs practiced by both the public and private sector

without even being fully aware of the implications and objectives of affirmative action for

women. As with other controversial issues in politics our personal preoccupations, social and

cultural backgrounds predetermine our attitudes about certain policies. But leaving our individual

prejudices aside ­ does affirmative action for women make things better or worse?

Women and minorities are still underrepresented in higher-level positions and their

opportunities to be hired in certain job areas are limited, for example, men outnumber women in

public safety services as in the police sector significantly. Is affirmative action an effective and

legitimate policy to create a more representative workforce? Or are critics right in claiming that

affirmative action results in "reverse discrimination" and contradicts the principle of

meritocracy?

Affirmative action is a very ambitious attempt to establish distributive preference to

members of groups that have been victims of historical discrimination. The policy, however, has

repeatedly incited controversy and divided America′s politicians and citizens. One purpose of

this term paper is to demonstrate the progression of affirmative action and discuss relevant laws

and reforms. In assessing the effects of affirmative action the paper particularly focuses on the

impacts for women in terms of employment1 rather than on ethnic minorities. Furthermore, the

controversy about the policy is examined ­ what are the arguments on the pro- and contra-side?

The paper also scrutinizes the question how the policy of affirmative action is anticipated to

develop over the next years. Have there been any changes and will there be changes to it?

Whatever the conclusion may be the debate about this very sensitive and controversial topic is

very likely to rage on.

First of all, it is necessary to deal with some basic issues framing affirmative action as

well as to define the implications and intentions of the policy.

1 Affirmative action has been primarily used in education, employment, and business opportunities. The paper

concentrates its analysis on the policy′s impacts on female employment and the controversy associated with it.

2

Affirmative Action vs. Equal Employment Opportunity

The concept of affirmative action involves the efforts to promote employment of minorities2 such

as women who have traditionally and historically suffered discriminatory treatment. According to

Riccucci (2002) affirmative action, requires employers to produce a diverse workforce by acting

positively

to recruit, promote, employ and retain qualified women as well as other minorities. On

the other hand, equal employment opportunity is a rather

passive

way to end discrimination in the

workplace. Most importantly, affirmative action provides an effective tool for the promotion of

women to upper-level positions in public organizations. The proactive efforts of the policy

generally refer to numerical goals, timetables for the employment of minorities as well as to

minority outreach and recruitment efforts (pp. 11-23). To make things clear: affirmative action

developed out of EEO.

Evolution and Development of Affirmative Action

Discrimination based on gender, race, and ethnicity was openly practiced well into the 20th

century. Over the years, scholars increasingly became to believe that a government buraucracy is

more responsive to public needs if it is more

representative

of its people. Kellough (1992) argues

that "a bureaucrat′s policy preferences derive at least in part from racial or ethnic background and

gender" (p. 120). As a corollary, issues about equal employment opportunities visibly got on the

public and political agenda:

Fair Emplyoment Practices Committee (FEPC):

Discriminatory practices

obtained first noteworthy attention of the federal government under the Roosevelt administration

in the 1940s. The FEPC was established with the authority to investigate allegations of

discrimination of defense contractors and federal agencies. During its five years of operation it

called the public′s attention to discrimatory issues in government employment.

Fair Employment Board (FEB):

Under President Truman′s tenure the FEB was

created. Its personal leeway, however, was restricted since it could only give recommendations

but not actually force federal government agencies to comply with its opinion of a possible

workplace discrimination. Nonetheless, the FEB was the first organization to address

2 Affirmative action is based on the objective to hire and promote women, people of color and other protected-class

members e.g. Hispanics. Throughout the paper the term affirmative action is used in reference to women, unless

indicated otherwise.

3