Supporters of affirmative action argue that considering race or gender can be aligned with merit-based selection practices. Following a recent Supreme Court decision that bans affirmative action in college admissions, discussions have arisen about the legality of promoting racial or gender diversity as merit. Proponents maintain that such diversity contributes positively to merit-based decision-making. Despite this, the Supreme Court's ruling in the case of Students for Fair Admissions v. Harvard found that using racial preferences violated the Fourteenth Amendment, although many schools have reportedly maintained their diversity numbers, leading critics to question their compliance with the ruling.
The text highlights the challenge of proving that decision-makers are using prohibited factors, as without clear evidence, it is difficult to enforce such bans. Although explicit racial or gender considerations are no longer permitted, colleges can still pursue racial diversity through other means, such as focusing on socioeconomic status, which often correlates with race. Therefore, contrary to popular belief, affirmative action isn’t the only way to pursue diversity; various race-neutral policies can still meet that goal.
Even though the use of racial preferences has been declared illegal, the requirement to link race to individual qualifications means that some forms of race consideration can remain lawful in admissions processes. The text points out the complexity of the legal landscape, where institutions may interpret the ruling in ways that allow for continued diversity efforts, so long as they focus on individual qualifications rather than race alone.
Additionally, the Equal Employment Opportunity Commission stresses that the Supreme Court decision does not prevent employers from implementing diversity initiatives in the workplace. The overarching theme suggests that the elimination of affirmative action does not resolve the prevalence of race considerations in decisions related to admissions and employment.
To move forward effectively, the text suggests adhering to classical liberal principles, emphasizing individual merit without imposing racial preferences or discrimination laws that complicate decision-making processes. The effective abolishment of affirmative action will still require colleges to ensure that their admissions processes reflect both diversity and merit appropriately.
https://mises.org/mises-wire/no-affirmative-action-and-merit-are-not-compatible
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