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Affirmative Action Posted September 11, 1995 EXPLANATION: Affirmative action is a set of 160 programs created to promote the advancement of minorities and women in the workplace and in college admissions. The programs are thought to be necessary because of discrimination and/or underrepresentation in the workplace and in colleges. Some question whether the programs have helped very much. Others claim that affirmative action programs unjustly discriminate against, mainly, white males. They believe that merit, not race, should be the criteria for getting jobs and college acceptance. On June 12, 1995, the Supreme Court cast doubt on the constitutionality of Federal affirmative action programs that give preference or benefits to people based on race. In Adarand v. Pena, the Court said that such programs much receive scrutiny and would only be constitutional if they were "narrowly tailored" to fulfill a "compelling governmental interest." The decision appeared to be a set-back for affirmative action supporters, but the opinion of the court did leave room for Federal action in remedying the effects of racial discrimination. The decision should energize the push of Republicans in Congress to eliminate affirmative action programs based on race. STATUS: Affirmative action is on the defensive. The Senate has already voted to end tax breaks to companies that sell cable and broadcast companies to minorities. Among the many bills seeking to end affirmative action, Senator Jesse Helms (R-NC) has introduced the Act to End Unfair and Preferential Treatment. This bill would eliminate affirmative action programs throughout the Federal government. This and other affirmative action-ending bills are likely to be debated soon. PRO: Supporters of affirmative action say these programs are necessary in order to remedy past and present discrimination and disadvantage of minorities and women. Also, proponents of affirmative action say that the programs to not give preferences to minorities and women, but merely allow them to have equal opportunity and access to jobs, contracts, and college admissions. "Within the last two decades, affirmative action has been the primary tool that has allowed minority and women workers to break though the many barriers of employment discrimination...The truth of affirmative action programs is that they do not grant preferential treatment to selected Americans, but provide the means of equal opportunity of employment for all members of society."--Rep. Stokes, L. (D-OH) CON: Critics of affirmative action characterize the programs as quotas for minorities and women, and they discriminate against white males. Others argue that the programs are economically costly, have not produce significant results, and create greater racial divisiveness in the country. Finally, opponents of affirmative action argue that the programs are simply unconstitutional. "Of all the destructive ideas invented by the American left, none has been more pernicious than affirmative action. It has changed America from a country grounded in individual rights and merit to one where justice is determined by what is done for, and to, one's race or ethnic group. Originally affirmative action was designed to protect men and women who had actually suffered direct discrimination. But now, these laws are used to set aside jobs, contracts, and seats in our best colleges."--Rep. Funderburk, D. (R-NC) WHAT'S NEXT: Sen. Bob Dole plans on having Rep. Charles T. Canady (R-FL), chairman of the House Judiciary Subcommittee on the Judiciary introduce and mark-up legislation that would prohibit almost all federal affirmative action programs. Also, on June 28, 1995 the White House issued guidelines for federal affirmative action programs that will force many programs to prove their legality.