A Group Exercise in Affirmative Action

Rationale

In an attempt to equalize opportunity in the United States for those groups that had been disadvantaged, Congress passed the Civil Rights Act in 1964. Of particular importance to Affirmative Action are Title VI and Title VII of the Civil Rights Act. Title VI prohibits discrimination in federally assisted programs, including colleges and universities that typically accept and distribute federally funded grants and loans for students. Title VII prohibits discrimination in private and public employment. To emphasize Title VI and Title VII, President Lyndon Johnson issued Executive Order 11246 in 1965. It is this Executive Order that uses the words Affirmative Action.

Because of the legislation's controversial history, it is difficult to understand the complexities and realities of Affirmative Action in the United States. In fact, many colleges, universities, and businesses had difficulty understanding (and, consequently, implementing) Affirmative Action policies. When there is difficulty in understanding and implementing legislation, it is often left to the U.S. court system to delineate the exact nature of the law. That is what happened with Affirmative Action legislation. Companies implemented what they thought were appropriate guidelines; they were sued; and the cases worked their way through the U.S. court system. Specifically, the U.S. Supreme Court specified what Affirmative Action is and what it is not with the cases of Bakke v. the University of California and Weber v. Kaiser Aluminum.

The following exercise is designed to familiarize you with Titles VI and VII of the Civil Rights Act of 1964, Executive Order 11246, and the Supreme Court decisions that determined the development of specific Affirmative Action policies. In addition, this activity is designed to illustrate just how difficult it is to develop and implement an Affirmative Action policy.

Instructions

• 1.
  Read the relevant segments from the Civil Rights Act of 1964 and Executive Order 11246.
• 2.
  Form groups of four or five students.
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• 3.
  Decide whether your group will portray university admission officers or personnel directors for a large aluminum corporation.
• 4.
  If you chose university admission officers, follow the instructions on the worksheet titled “University Admissions.”
• 5.
  If you chose personnel directors, follow the instructions on the worksheet titled “Kaiser Aluminum.”
• 6.
  Your goal, regardless of which sheet you choose, is to develop an Affirmative Action plan based on what you read in the Civil Rights Act of 1964 and Executive Order 11246. This task is a very difficult thing to do, so give it your best try.
• 7.
  After devising an Affirmative Action plan, decide which students you would accept if you chose “University Admissions,” or decide who to promote if you chose “Kaiser Aluminum.”
• 8.
  Compare your results with those from the real cases. Your instructor will lead you in this portion of the exercise.

Grading

This exercise is difficult and does not have any clear divisions between right and wrong answers. Nonetheless, there are particular features of your participation that could justifiably be graded. First, participate in the development of an Affirmative Action plan. While difficult, it can be done. Remember, companies and universities in 1965 had no more information than you to develop a plan, but they did it—so you can, too. Second, be ready to communicate your rationale for your Affirmative Action plan given the legislation that you have read. Third, your selections for promotion and/or admission should reflect the specific plan that you devised. Fourth, after the exercise is completed, you should know what Affirmative Action is and what it is not. Fifth and perhaps most important, be able to distinguish between quotas and racial preference.

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