Listen to the show accompanying this myth HERE
Today's Guests Are:
Priscilla
A. Ocen: Priscilla is a third year law student at the University of
California, Los Angeles. While at UCLA, Priscilla has served as co-chair of
the Black Law Students Association. In addition, she is a founding member of
Students Helping Assure Racial Equity, Justice and Diversity (“SHARE JD”),
a coalition of students concerned about the unacceptable lack of racial and
ethnic diversity at UCLA School of Law.
George
A. Turner, Jr.: George is a third year student at the UCLA. George
currently serves ast editor-in-chief of the National Black Law Journal and is
a founding member of SHARE JD.
Rafael Yaquian: Rafael is a third year law student at UCLA. Rafael has served as co-chair of the La Raza Law Students Association. He is also a founding member of SHARE JD.
MYTH: Affirmative action stigmatizes its beneficiaries.
FACT: The stigma facing women and people of color is not caused
by affirmative action but by the very stereotypes that have always been used
to exclude such groups from educational and employment opportunities.
One of the most common anti-affirmative action arguments is that it harms the
very people it is intended to help. This argument relies on two false presumptions:
First, that affirmative action conflicts with a genuine American meritocracy,
so that people (including its beneficiaries) will always question the qualifications
of those who participate in such programs. And, secondly, that the stigma associated
with these programs is so pervasive that it even damages those women and people
of color who have not benefited from affirmative action. In this sense, these
policies are said to cause the members of marginalized groups to question their
accomplishments, and to prevent anyone from ever knowing whether they actually
deserve the positions that they occupy in American society.
In reality, the stigma associated with affirmative action derives from misunderstandings
about its nature. These misunderstandings are rooted in the idea that merit
can be easily quantified and measured objectively through the use of standardized
criteria. Because affirmative action requires that we depart from the use of
such criteria, they are thought to “unfairly favor” the beneficiaries
of affirmative action; and, in so doing, to promote reverse discrimination.
However, thinking about these programs as a form of "preferential treatment"
for the “less qualified” is impossible if we remember that they
function only to level a playing field that is already biased against women
and minorities.
Affirmative action does not provide free entrance to unqualified women or people
of color. It is senseless to assert that someone was admitted to a law school,
for instance, “based only on the color of their skin”. If admissions
were offered regardless of qualifications, our institutions would be completely
dysfunctional – filled with unqualified people. Law schools – like
other institutions that employ affirmative action policies – have no interest
in bringing in unqualified people. Instead, they use affirmative action because
it allows them to identify qualified candidates whose potential to succeed would
otherwise be overlooked. Studies that track affirmative action’s beneficiaries
have clearly demonstrated how successful these policies are at identifying qualified
individuals who are otherwise unfairly assessed. (Read the introduction to Willam
Bowen and Derek Bok's groundbreaking study on affirmative action's overwhelmingly
succesful beneficiaries HERE)
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WHO IS STIGMATIZED?
Although the debate around differential admissions policies always focus on
race and gender based affirmative action policies, there are many beneficiaries
of other admissions policies that look beyond numerical assessments of “merit”.
At most schools admissions officers look favorably on children of alumni or
donors, even though these applicants (overwhelmingly white and wealthy) are
already advantaged. The Wall Street Journal reports that Duke University, one
of the top universities in the country, routinely admits students who would
be deemed less than stellar by traditional measures of merit, simply because
they are the children of wealthy donors. Click HERE
to read the story.
Policies such as the one employed by Duke University may fairly be termed “unfair
preferences,” as they do not counterbalance a meritocratic system that
discriminates against these individuals. Indeed, they reinforce the privileges
of those who are already advantaged. Yet, no one would seriously make the claim
that these individuals are or should be burdened by stigma.
The real source of a “stigma” for women and people of color is not
affirmative action at all. Does anyone really believe that before affirmative
action, there were no negative stereotypes associated with the academic and
professional capabilities of women and people of color? The reason it is so
easy to stereotype the beneficiaries of these policies is because our culture
is already loaded with negative stereotypes about the competence of women and
people of color. The stigmas that surround affirmative action spring not from
its actual effects, but from the kinds of pervasive discrimination that affirmative
action acts to correct.
After all, if affirmative action is the cause of stigma, how can we explain the absence of stigma’s burden when genuinely preferential programs for non-minorities cause no such stigmas? The unfortunate truth is that the stigma facing women and people of color has nothing to do with affirmative action and everything to do with the perpetuation of the same gender and racial stereotypes that have always been used to exclude such groups from educational and employment opportunities. The beneficiaries of these programs are stigmatized for the very same reasons that these policies exist in the first place: persistent and sometimes unconscious beliefs that women and people of color are simply less talented, hardworking and competent than their white male counterparts.
When athletes, the children of wealthy alums (and former Presidents) or the
family or friends of influential employers are selected for reasons other than
merit there is no manifest doubt about whether or not they are qualified for
or deserving of the benefit simply because they are not subject to the negative
stereotypes about their ability that women and minorities typically face.
Bottom Line: Affirmative action is the solution for, not the cause of stigma!
Affirmative action departs from the use of standardized criteria only to the
extent that they are biased with respect to its beneficiaries. Once we recognize
this fact, we can see that the stigmas associated with it represent only the
evolution of the same false stereotypes that have dogged out-groups throughout
our nation’s history. The solution is not the eradication of affirmative
action, but the eradication of stigma-producing stereotypes. One way to combat
the perpetuation of such stereotypes is to ensure that classrooms and workplaces
are diverse. Exposure to people from a broad array of social, ethnic and racial
backgrounds is known to have a debiasing
effect. To put it another way, ending affirmative action cannot cure stigmas
based on negative stereotypes, but supporting affirmative action programs that
increase diversity within our institutions can do so.
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EXPERIENCING STIGMA
Even though we know that affirmative action is not the cause of stigmatizing
attitudes, the reality of stereotype- based stigma is too often a part of the
lived experience of women and minorities who often have to rebut a presumption
of incompetence at work or at school. Ending affirmative action, however, will
not end end the racist and sexist attitudes that many of us confront. In California,
for example, consideration of race in university admissions has been banned
since the 1996 passage of Proposition 209. Yet 10 years later, the stigma once
ascribed to race and gender conscious polices lives on. Consider the experience
of students in a post – affirmative action environment:
Affirmative Action is not the cause of stigma, racism
is. If you’re black or another person of color, people assume that
you are not as intelligent, unqualified, or undeserving to be in the space.
With affirmative action, we would be no less qualified, but there would
be more people of color to take advantage of educational opportunities
and provide leadership within their respective communities. At the end
of the day, more people of color in professional leadership capacities
can undermine the stereotypes that lead to stigma. So what we need is
more affirmative action, not less of it.” Priscilla Ocen, UCLA School of Law Class of 2007 |
| “I don’t feel any more or less stigmatized here at UCLA than
I did at institutions that had Affirmative Action policies. Some of my professors
continue to assume that something is wrong if I go to office hours and classmates
tend to be genuinely surprised every time they realize that I know what
I’m talking about. I find myself having to prove that I belong here
time after time. Sometimes in a literal sense – I’ve been here
3 years and white security guards still ask me for ID. There is no Affirmative
Action here at UCLA, so I have to conclude that the problem is not affirmative
action, but an assumption of Black inferiority.” Nikki Brown, UCLA School of Law Class of 2007 |
Such students, despite their tremendous capabilities, are working in a situation where race is even MORE salient for them now that it was for their predecessors. The ironic but true fact is that the fewer of them there are, the more their race stands out. Thus, it becomes impossible for them to be seen as individuals, and they come to be associated with membership in stigmatized groups that are not thought to be sophisticated enough to send more than a few students into competitive academic environments.
Did You Know?
In 2003, hundreds of students from the University of California system told
compelling stories of racial stigmatization and isolation in a brief
filed before the United States Supreme Court in Grutter v. Bollinger, a case
involving a court challenge to affirmative action at the University of Michigan.
In filing this brief and in telling their stories, the students hoped to prevent
others from experiencing not only the stigma, but the hostility, isolation and
alienation that pervaded the post-affirmative action environment in which they
found themselves. Click HERE
to read their stories.
Mythbusting Homework:
1. Given the fact that affirmative action was banned 10 years ago in California,
how do you explain the persistence of the sorts of race and gender stereotypes
described above ?
2. Do you wish there were a test that could identify unconscious bias? There
is! Try the Implicit
Associations Test (IAT) yourself. Click HERE
to read more about Implict Bias.



