What is sad is that this is nowhere near a definitive move on affirmative action.
There is nothing in the ruling that an employer can not seek qualified minority applicants, due to their being a minority, or take extra efforts to prepare them to meet the qualifications.
Yes...I have been listening to the 'spins' of several pundits on this topic and they have said as much.
I'm not being facetious, but I don't understand why it would take extra efforts to prepare minority applicants to meet specified qualifications.
My son has been struggling to pass an IT exam for the past year since he came home from the Navy. I tell him to try harder and study more. I even bought him the books that would help him pass the exams. Hopefully, he will pass this third time coming up for the exam...and if he doesn't, he will try again until he does pass.
Furthermore, the New York State teachers' exams can be very difficult to pass for some people. But there is no system for affirmative action with teaching exams. You either pass it or you don't. I have a best friend that is a sub teacher for the past 3 years because she has taken the exam six times and still can't pass it. But since the exams are gauging basic knowledge in a content area or areas, it is only fair that if one cannot pass the teach, he/she should not be teaching. I took both tests the same day (totally unheard of) and passed them both with flying colors. However, when I was planning to relocate to Massachusetts,I had to take their state exam, which is the Praxis. I am still trying to pass the Math portion of the Praxis I (a teacher exam accepted in most states except NY....we have our own exam in this state, and even if you have certification in another state, most states do not have reciprocity and you must still take their state exam or the Praxis.).
Basic math is not my forte, and I have struggled with it most of my life...(I hate basic math and tend to do better with algebra,geometry and stats).But I keep studying and keep trying. I missed the test last time by 2 points...need to study more about percentages...ack! So imagine if teacher exams had a quota system and because of my race I was given certification anyway and a job teaching. It would be unfair to other people that passed the exam but could not get a job based on their race.
Lastly, I think it sends a mental image that somehow minorities (I hate that term...but for argument sake I use it!) are not as intelligent as whites and thus must be given special privilges to balance the playing field. This sends us all the way back to the dark ages of the infamous 'Bell Curve' study. That idea does not sit well with me at all.
However, I am not naive, and recognize that if it were a perfect world, we wouldn't need quotas...people would be judged on their qualifications and abiltiy..not the color of their skin. But..alas...we still are forced to have these conversations even in the new millenium.