By Nicholas Capaldi
During this publication, distinct philosophers debate the most arguable public coverage problems with the overdue twentieth century. every one starts off via creating a case for or opposed to affirmative motion, laying out the most important arguments on either side. each one writer then responds to the other's essay. Written in an attractive, obtainable sort, Affirmative motion is a wonderful textual content for junior point philosophy, political thought, public coverage, and African-American stories classes in addition to a advisor for pros navigating this crucial debate.
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Extra resources for Affirmative Action
One of the briefs for the respondents stated: In many situations, non-victim-specific relief is the only effective vehicle for achieving a work force which bears any reasonable resemblance to the work force which would have existed but for the employer's long standing discriminatory practices. . If unlawful discrimination were always detected and remedied immediately, then merely placing identified proven victims into their rightful place would produce a work force whose racial composition was not affected by discrimination .
38 Nor did the plan unnecessarily bar the advancement of White employees. The court held that the agency plan met these standards. Concurring, Justice Stevens wrote: As construed in Weber . . the statute does not absolutely prohibit preferential hiring in favor of minorities; it was merely intended to protect historically disadvantaged groups against discrimination and not to hamper managerial efforts to benefit members of disadvantaged groups that are consistent with that paramount purpose. The preference granted by respondent in this case does not violate the statute as so construed; the record amply supports the conclusion that the challenged employment decision served the legitimate purpose of creating diversity in a category of employment that has been almost an exclusionary province of males in the past.
A primary justification of the 1972 bill was the realization that the enforcement machinery necessary to ensure the redistributive goals of the Civil Rights Act was woefully inadequate. The 1972 bill also gave greater recognition to systemic discrimination rather than the traditional focus on individual cases. Allowing class action suits recognized that some cases of discrimination extended further than the particular individuals instituting the suit and, hence, that each individual entitled to relief need not be named in the claim for relief.