Affirmative Action


Affirmativeaction is a policy of favoring certain groups that are perceiveddiscriminated. The action has three main constitutional goals. Onegoal is to remedy the discrimination that is perceived against thefavored group. The remedy applies against the observed discriminationat two levels the individual and demographic class level. The secondgoal is to increase political power of the minority groups, who areperceived to be discriminated against. The third goal is to enhancethe provision of services to the minority groups in the society.

Toachieve affirmative action, there are various techniques that areapplied. One of them is aggressive recruitment of the minority groupsfor the positions being targeted. This technique meets the goals ofaffirmative action by giving the remedy to minorities, promotingminorities to power positions and by enhancing services through thejobs. However, some legal cases do not support this assertion.Particularly, in the Yick Wo v. Hopkins case, the court held that itwas not constitutional to reserve some positions in the medicalschool for the applicants that were deemed to be a minority.

Thesecond technique for affirmative action is to encourage the minorityto apply for the positions being targeted for them. This action seeksto increase the probability for them to be selected for thosepositions as part of the balancing element that affirmative actioncreates. This technique achieves the first goal of giving remedy tothe minorities by creating awareness of the opportunities available.The technique also provides informational services to the minoritiesas per the third goal. However, in the legal case between Minor vHappersett, it was held that granting bonus points to minorities foradmission requirements was unconstitutional. This may be theconsideration why the technique does not achieve the goal of givingpolitical power to the minorities.