Myth vs. Reality
Myth #1 - Minorities and women receive
preferences.
Reality: Affirmative action does not require
preferences; women and minorities do not assume that
they will be given preference. Race, gender, and
national origin are factors to be considered when
hiring or accepting qualified applicants. Hiring
qualified women and minorities is not dissimilar to
the preferences given to veterans in hiring and
children of alumni in college admission. Other
preferences are used in selecting qualified
candidates. For example, when colleges and
universities value geographic diversity on their
campuses, it may be easier for an in-state student
to be admitted than one from out of state. Some
colleges and universities consider athletic
abilities and/or evidence of leadership skills in
addition to test scores.
Myth #2 - Affirmative action is really quotas.
Reality: Affirmative action has never been
about quotas. It has always been about providing
women and minorities with full educational and
workplace opportunities. under existing law, quotas
are illegal. Federal contractors are required to
establish goals and timetables and to make a good
faith effort to meet them. Race, national origin and
gender are among several factors to be considered,
but relevant and valid job or educational
qualifications are not to be compromised.
Furthermore, the Supreme Court has been clear that
the misuses of affirmative action or programs that
claim to be affirmative action are illegal if: (1)
an unqualified person receives benefits over a
qualified one; (2) numerical goals are so strict
that the plan lacks reasonable flexibility; (3) the
numerical goals bear no relationship to the
available pool of qualified candidates and could
therefore become quotas; (4) the plan is not fixed
in length; or (5) innocent bystanders are harmed.
Myth#3 - Affirmative action leads to reverse
discrimination.
Reality: Evidence demonstrates that reverse
discrimination is rare. For example, of the 91,000
employment discrimination cases before the Equal
Employment Opportunities Commission, less than 2
percent are reverse discrimination cases. Further, a
study conducted by Rutgers University and
commissioned by the US Department of Labor found
that reverse discrimination is not a significant
problem in employment and that a "high proportion"
of claims brought by white men are "without merit."
What affirmative action does is provide the employer
with the largest pool of qualified applicants to
choose.