Affirmative Action

Affirmative action is typically presumed to apply to recruitment but never lay-offs. Policies of affirmative action which only apply to recruitment are known as entry initiatives whilst exit initiatives involve lay-offs. In this paper, I challenge the status quo presumption against mixed exit initiatives which involve both lay-offs and preferential recruitment. Assuming that we have reasons to enact affirmative action initiatives whenever doing so promotes equality of opportunity, I strengthen the case for mixed exit initiatives by showing how, in at (...) least some cases, the relevant initiatives will be likely to provide a greater reduction in inequalities of opportunity both within and across different birth cohorts. I consider various objections to exit initiatives as I construe them and argue that none of them are immediately decisive such that the status quo presumption is justified. I conclude by gesturing towards the plausibility of the initiatives discussed and other policies which merit further consideration. (shrink)

One prominent criticism of luck egalitarianism is that it requires either shameful revelations or otherwise problematic declarations by the state toward those who have had bad brute luck. Relational egalitarianism, by contrast, is portrayed as an alternative that requires no such revelations or declarations. I argue that this is false. Relational equality requires the state to draft anti-discrimination laws for both state and private action. The ideal of relational egalitarianism requires these laws to be asymmetric, that is to allow affirmative (...) action for disadvantaged groups while prohibiting affirmative action for advantaged groups. Hence, the state needs to make a public declaration on which groups are privileged and which are underprivileged; and individuals need to reveal whether they belong to groups officially declared underprivileged. These declarations are no more problematic in this case than in the case of luck egalitarianism. (shrink)

Affirmative action as a state policy is one of the powerful ways of empowering the underprivileged in the society. While such a policy is aimed at lifting the economic and social condition of the underprivileged, this comes with acts that are discriminatory and exclusionary. Yet these acts are termed as positive discrimination. Certain sections of the society are excluded from having access to economic resources and opportunities, while these privileges are earmarked for another section of the society considered marginalized and (...) underprivileged. This is being done guided by the principle of distributive justice. While the principle carries sound moral basis, conceptualizing the deprived and mode of empowerment varies with states and society, thus throws up several challenges. Indian experience draws challenges of negotiating the dual presence of individual and collective in the theorizing—idea of empowerment is directed to an individual, but the identity of the individual is based on his/her social identity. The dual challenge of uplifting a caste/community through empowering an individual belonging to the group has raised several questions in terms of achieving the goal of distributive justice. While the principle of distributive justice aims at empowering the least privileged within an underprivileged group/community, this has not been an easy task. After seventy years of reservation policy a lot more initiative is still called for. There is perhaps need for deeper philosophical deliberation on the nature of empowerment, distributive justice, and the underlying moral foundations. Meaningful policy intervention must be built on well thought out theoretical deliberations. (shrink)

According to the relational egalitarian theory of justice, justice requires that people relate as equals. To relate as equals, many relational egalitarians argue, people must (i) regard each other as equals, and (ii) treat each other as equals. In this paper, we argue that, under conditions of background injustice, such relational egalitarians should endorse affirmative action in the ways in which (dis)esteem is attributed to people as part of the regard-requirement for relating as equals.

Affirmative action is standardly pursued in relation to admissions to prestigious universities, in hiring for prestigious jobs, and when it comes to being elected to parliament. Central to these forms of affirmative action is that they have to do with competitive goods. A good is competitive when, if we improve A’s chances of getting the good, we reduce B’s chances of obtaining the good. I call this Competitive Affirmative Action. I distinguish this from Non-competitive Affirmative Action. The latter has to (...) do with non-competitive goods, e.g., being granted early parole or freedom from arbitrary arrest. I argue that some of the most prominent objections against affirmative action—in particular, the reverse discrimination objection and the merit objection—speak less against Non-competitive Affirmative Action. And that some of the most prominent arguments in favor of affirmative action, insofar as they justify Competitive Affirmative Action, also justify Non-competitive Affirmative Action. (shrink)

The aim of this article is to consider whether, when, and why it is morally right to treat members of socially disadvantaged racial or ethnic groups favorably when allocating scarce medical resources. Since the COVID 2019 pandemic has had different impacts on racial and ethnic groups, some U.S. states have given racial and ethnic minorities preferential access to COVID-19 vaccines, leading to controversy over the moral and legal permissibility of doing so. I examine three arguments for affirmative action—the compensation, equality-of-opportunity, (...) and antidiscrimination arguments—and argue that both the equality-of-opportunity and antidiscrimination arguments have the potential to provide well-founded justification for race-based affirmative action for the allocation of scarce medical resources. I also consider further moral requirements that instances of affirmative action based on both or either of the two arguments should comply with for them to be justified. (shrink)

The thesis of this essay is that equal opportunity (EO) "strictly dominates" (in the game-theoretic sense) reparations. That is, (1) all the ways reparations would make our world more just would also be achieved under EO; (2) EO would make our world more just in ways reparations cannot; and (3) reparations would create injustices which EO would avoid. Further, (4) EO has important practical advantages over reparations. These include economic efficiency, feasibility, and long-term impact. Supporters of reparations should abandon that (...) ideal to support equal opportunity instead. (shrink)

(OPEN ACCESS) In this paper, I criticize two views on how political equality is related to equally distributed political power, and I offer a novel, pluralist account of political equality to address their shortcomings—in particular, concerning their implications for affirmative action in the political domain, political representation, and the situation of permanent minorities. The Equal Power View holds that political equality requires equally distributed political power. It considers affirmative action—e.g., racial or gender electoral quotas—, representation, and more-than-equal power to permanent (...) minorities pro tanto objectionable. The Equal Status View, in contrast, holds that political equality concerns equal relations and status, and it is only contingently related to equally distributed power. I argue that while the Equal Status View is right that equal power can be insufficient for—or even objectionable from the viewpoint of—political equality, it is wrong to conclude that equal power has no independent significance in an account of political equality. My pluralist account shows that political equality entails not only status-based requirements but also independent egalitarian requirements to distribute political power equally. This account provides a finer-grained understanding of affirmative action in the political domain. It justifies affirmative action but holds that it should only be used to realize equal political status until thorough-going social reform allows us to maintain both equal political status and equally distributed political power at the same time. Similarly, representation should be amended with power-balancing institutions, and permanent minorities should enjoy equal status with minimal compromise to power equality. (shrink)

ExcerptOne of the great achievements of American history has been the development of a broad consensus that racial discrimination has no place in our society, to the point that there is virtually no one who would openly espouse racist views. Even the divisions concerning affirmative action presume an underlying consensus that racial discrimination needs to be opposed and eliminated. The primary dispute is about the means of achieving a society without racism. Thus, in their differing reactions to the Supreme Court’s (...) ruling against affirmative action in college admissions in Students for Fair Admissions v. Harvard, the Wall Street Journal and the New York Times still agreed on the basic goal of eliminating racial discrimination.1 The disagreements are about the means to this end. In fact, there are good reasons to conclude that the end of affirmative action will help Blacks and Hispanics. (shrink)

This chapter contains sections titled: Forward‐looking Arguments Backward‐looking Arguments.

This chapter contains sections titled: Affirmative Action and Prejudice The Talented Tenth Objections.

This chapter contains sections titled: Rectifying Injustice Consequentialist Arguments Conclusion.

This chapter contains section titled: Who Counts as Latino? What Are the Aims of Affirmative Action? Why Should There Be Affirmative Action for Latinos? Affirmative Action for Latinos.

I defend impact-based accounts of institutional racism against the criticism that they are over-inclusive. If having a negative impact on non-whites suffices to make an institution racist, too many institutions (including institutions whose affirmative action policies inadvertently harm its intended beneficiaries) would count as racist. To address this challenge, I consider a further necessary condition for these institutions to count as racist—they must stand in a particular relation to racist ideology. I argue that, on the impact-based model, institutions are racist (...) if they have a negative racial impact AND this impact is legitimized by racist ideology. Racist ideologies limit social criticism of and collective action against institutions that have a negative racial impact, and in so doing, lend stability to systems of racial domination. (shrink)

This article investigates the hitherto under-examined relations between affirmative action, paternalism and respect. We provide three main arguments. First, we argue that affirmative action initiatives are typically paternalistic and thus disrespectful towards those intended beneficiaries who oppose the initiatives in question. Second, we argue that not introducing affirmative action can also be disrespectful towards these potential beneficiaries because such inaction involves a failure to adequately recognize their moral worth. Third, we argue that the paternalistic disrespect involved in affirmative action is (...) alleviated when the potential beneficiaries’ preferences against such initiatives are adaptive. We conclude that although there is a relevant sense in which paternalistic affirmative action is disrespectful, it may well be more disrespectful not to pursue such policies. (shrink)

This Handbook deals with theoretical and empirical evidence on the economics of discrimination and affirmative action across the world, assessed over a variety of social identities, such as caste, race, ethnicity, gender, disability, age, tribal status. It also outlines methodological advances in this area, with plenty of additional references for the interested reader. It combines theoretical frameworks developed in the West with historical writings about discrimination and social justice from primarily Indian philosophers, aspects which are typically not found under one (...) roof. It offers the reader a combination of insights into theories across a range of disciplines, as well as evidence, data –both quantitative and qualitative, in addition to the latest methodological advances in the estimation of discrimination – econometric, experimental, mixed-methods. (shrink)

This article is about the potential justification for deploying some form of affirmative action (AA) in the context of healthcare, and in particular in relation to the pandemic. We call this Affirmative Action in healthcare Resource Allocation (AARA). Specifically, we aim to investigate whether the rationale and justifications for using prioritization policies based on race in education and employment apply in a healthcare setting, and in particular to the COVID-19 pandemic. We concentrate in this article on vaccines and ventilators because (...) these are both highly scarce resources in the pandemic, and there has been a need to develop policies for allocating them. However, as will become clear, the ethical considerations relating to them may diverge. We first set out two rationales for AAs and what they might entail in a healthcare setting. We then consider some disanalogies between AA and AARA, as well as the different implications of AARA for allocating ventilators as opposed to vaccines. Finally, we consider some of the practical ways in which AARA could be implemented, and conclude by responding to some key objections. (shrink)

Historically, the South African Institute of Race Relations (IRR) has been viewed as a reliable source of information given its near century-long work of compiling statistics and reports about race relations and the social conditions affecting different race groups in South Africa. I make the case that the IRR should not be considered a reliable source of information about race groups and their social conditions in contemporary South Africa because of how the IRR misrepresents the views of ordinary South Africans (...) with the intention of influencing policy towards the IRR’s preferred ideological positions. Rather than presenting criticism of their ideological slant, I show how their policy proposals are not supported by their survey data or their interpretation. Furthermore, I argue that their misrepresentation of South Africans’ beliefs is damaging to democratic processes because what the public claims it wants from government has a significant impact on what government’s mandate from its citizenry is thought to be. (shrink)

Ovett Nwosimiri argues in a paper he published in 2021 that affirmative action and preferential hiring policies are no longer appropriate for South Africa because of the economic impact of the COVID-19 pandemic. The case he makes is that since COVID-19 has impacted people of all races, there should no longer be any consideration of race in hiring policies and practices. He claims that continued preferential hiring practices unfairly discriminate against non-designated groups. I argue that this claim presumes that the (...) pandemic has been a devastating but equalizing force in economic opportunity and participation for people in South Africa. I show that this claim is simply false and that the falsity of his claim undermines Nwosimiri’s case. Nwosimiri does not take account of the false premise his case is founded on because of his inappropriate methodological choice to ignore empirical evidence that has bearing on his argument. (shrink)

Much of the climate justice discussion revolves around how the remaining carbon budget should be globally allocated. Some authors defend the unjust enrichment interpretation of the beneficiary pays principle (BPP). According to this principle, those states unjustly enriched from historical emissions should pay. I argue that if the BPP is to be constructed along the lines of the unjust enrichment doctrine, countervailing reasons that might be able to block the existence of a duty of restitution should be assessed. One might (...) think that the duty to provide restitution no longer has moral weight if many benefits were already consumed, if the particular benefits obtained from historical emissions cannot be transferred from one country to another, or if present members of developed countries framed their life plans based upon the expectation of continued possession of those benefits. I show that none of these reasons negate the duty to provide restitution. (shrink)

This paper has two parts. First, I argue that three prominent arguments in favour of affirmative action—the mitigating discrimination argument, the equality of opportunity argument and the diversity argument—may be based on a relational egalitarian theory of justice, as opposed to a distributive understanding of justice. Second, I argue that basing these arguments in favour of affirmative action on relational egalitarianism has an interesting implication when it comes to the site(s) of affirmative action. Whereas affirmative action is usually discussed and (...) pursued in university admissions and in hiring for jobs, the relational egalitarian-based arguments entail, all else equal, that we have more reason to pursue affirmative action in the political domain than in the traditional sites. (shrink)

This essay tells the story of the development of two of the most significant and controversial entitlement programs in twentieth-century U.S. history—collective bargaining and affirmative action. It focuses on the nexus between them—how New Deal empowerment of labor unions contributed to racial discrimination, and thus fed the Great Society race-based programs of affirmative action. The evolving relationship between the courts and the bureaucracies is emphasized, particularly how the judiciary went from an obstacle to an enabler of the entitlement state.

Hastings Center Report, Volume 52, Issue 1, Page 21-28, January/February 2022.

This article argues that because racial inequalities are embedded in American society, as well as in medicine, more evidence-based investigation of the effects and implications of affirmative action is needed. Residency training programs should also seek ways to recruit medical students from underrepresented groups and to create effective mentorship programs.

A significant body of evidence shows that law schools and many elite colleges use large admissions preferences based on race, and other evidence strongly suggests that large preferences can undermine student achievement in law school and undergraduate science majors, thus producing highly counterproductive effects. This article draws on available evidence to examine the use of racial preferences in medical school admissions, and finds strong reasons for concern about the effects and effectiveness of current affirmative action efforts. The author calls for (...) better data and careful investigation of several identified patterns. (shrink)

(OPEN ACCESS) This paper offers a novel substantive justification for mandatory electoral quotas—e.g., gender or racial quotas—and a new methodological approach to their justification. Substantively, I argue for a political egalitarian account of electoral quotas. Methodologically, based on this account and a political egalitarian grounding of political participatory rights, I offer an alternative to the External Restriction Approach to the justification of electoral quotas. The External Restriction Approach sees electoral quotas as at best justified restrictions on political participatory rights. I (...) argue for the Internal Restriction Approach instead, which can justify electoral quotas by specifying the pro tanto scope of political participatory rights rather than by justifying restrictions on the pro tanto scope of these rights. On this approach, adequately set electoral quotas do not even conflict with and are not balanced against political participatory rights, while electoral quotas—when justified—are pro tanto required rather than merely permitted. (shrink)

I defend affirmative action on the ground that it increases certain people’s ability to exercise their basic liberties, rather than because it rectifies injustice in the narrow context of educational admission procedures. I present this justification using a Rawlsian contractualist framework to forge a “nonideal principle of justice.” Drawing on social science, I argue that this principle supports affirmative-action policies like those in the contemporary U.S., and blocks the objection that such policies are unfair. In closing, I show how my (...) account can be used to refine some features of contemporary affirmative-action policies, and I reflect more generally on the value of nonideal principles of justice for tackling exigent topics. (shrink)

In A Theory of Justice, John Rawls presents a method of determining how a just society would allocate its "primary goods"-that is, those things any rational person would desire, such as opportunities, liberties, rights, wealth, and the bases of self-respect. Rawls' method of adopting the "original position" is supposed to yield a "fair" way of distributing such goods. A just society would also have the need (unmet in the above work) to ascertain how the victims of injustice ought to be (...) compensated, since history strongly suggests that social contracts are likely to be violated. This paper sets forth the remedial measures that would be selected using Rawls' method. I contend that only two of the three most widely used "affirmative action" policies would be selected from the original position. I also sketch another compensatory policy that would pass Rawls' fairness test. (shrink)

In A Theory of Justice, John Rawls presents a method of determining how a just society would allocate its "primary goods"-that is,those things any rational person would desire, such as opportunities, liberties,rights, wealth, and the bases of self-respect. (1) Rawls' method of adopting the"original position" is supposed to yield a "fair" way of distributing such goods.A just society would also have the need (unmet in the above work) to determine how the victims of injustice ought to be compensated, since history (...) suggests that social contracts are likely to be violated. This paper is an attempt to determine the remedial measures that would be selected using Rawls' method. I contend that only two of the three most widely used "affirmative action" policies would be selected from the original position. I also sketch another compensatory policy that would pass Rawls' fairness test. (shrink)

Shortened and moderately revised version of an essay that initially appeared in Murove (ed.) African Ethics (2009). This chapter is a work of applied ethics that aims to provide a convincing comprehensive account of how a government official in a post-independence sub-Saharan country should make decisions about how to allocate goods such as civil service jobs and contracts with private firms. Should such a person refrain from considering any particulars about potential recipients, or might it be appropriate to consider, for (...) example, family membership, party affiliation, race, or revolutionary stature as reasons to benefit certain individuals at some cost to the public? Which of these factors should be considered an unjust or corrupt basis on which to allocate state goods and which should not? Drawing on an African ethic, this chapter answers these questions with what it calls a “moderate partialism,” according to which a government agent may rightly favor at some cost to the public veterans and victims of state injustices, but not those in her family or party. This chapter seeks to provide a new, unified explanation of why characteristically sub-Saharan values permit some forms of partiality, such as the preferential hiring of those who suffered from or struggled against colonialism, but forbid other, nepotist or prebendalist forms of partiality. (shrink)

Kasper Lippert-Rasmussen has written a thorough treatment of the morality of affirmative action, concluding ultimately that there are two good arguments that affirmative action is morally justified, and no good arguments that it is morally unjustified. He calls this a cautious positive view, but he believes that whether any particular affirmative action policy is all things considered justified is a question that would require empirical study beyond the scope of the book. So, on the one hand the aims of the (...) book are narrow, however, the conceptual ground it covers is remarkably complete. (shrink)

The SARS-COVID-2 virus that causes the Coronavirus has been having a challenging and devastating impact on finances and jobs worldwide. More specifically, in South Africa, the COVID-19 pandemic is having a crippling effect on jobs. Companies and businesses are struggling to operate and retain workers as revenue streams are drying up. Owners of companies and businesses have been forced to make difficult decisions. An example is the retrenchment of workers by some organizations because of the financial fall-out due to the (...) coronavirus pandemic. Also, before the pandemic, South Africa had unemployment challenges, economic downgrading, and high levels of inequality. These challenges bring to mind what the employment method and strategy will look like during the -COVID-19. In view of these challenges, one question that comes to mind is: given the COVID-19pandemic and the fact that the job losses affected people of all races, should the policies of affirmative action and preferential hiring still be considered in South Africa? Thus, this paper is a philosophical reflection on COVID-19, job losses, affirmative action, and preferential hiring in South Africa. In reflecting on the above, this paper aims to show that affirmative action and preferential hiring should not be considered in South Africa during the -COVID-19. I conclude that in the face of this tragedy, for the sustainability of the economy, everyone needs to work together to re-establish and reconstruct the country and build an inclusive economy. Keywords: Affirmative action, COVID-19 pandemic, Job losses, Preferential hiring, South Africa. (shrink)

Journal of Social Philosophy, EarlyView.

This article argues that anti-discrimination rights are individual rights to be free from wrongful treatment and do not directly advance group-based interests or prohibit group-based harm. In light of this, a number of recurring accounts of the wrong of discrimination, particularly the wrong of indirect discrimination, are unsustainable. Claims that indirect discrimination is concerned with harm that is done to social groups or that laws prohibiting indirect discrimination seek to reduce or eliminate advantage gaps between social groups must be rejected (...) as inaccurate. While principles of non-discrimination and principles of affirmative action often operate harmoniously to foster respect for the moral equality of persons, they each have a general affinity with distinct ethical traditions: deontology and teleology respectively. As such, we should conclude that indirect discrimination provisions are examples of formal and not substantive equality. Where rights to non-discrimination conflict with telic equality goals, UK law protects the rights of the individual. (shrink)

Reprint of a chapter that initially appeared in _African Ethics: An Anthology of Comparative and Applied Ethics_ (2009).

A recent trend in scholarship argues that certain features of affirmative action logic, such as group identification, quotas, and preferential treatments would be contradictory to principles of individual merit, nondiscrimination, and personal achievement that were once advocated by Martin Luther King, jr. On the contrary this paper will argue that King’s authority may be understood to clearly support the emergence of affirmative action principles. Furthermore, King offered an ethical framework that may prove helpful in resolving many of the problems that (...) arise within an affirmative action environment, with special consideration given to gender. (shrink)