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Question Description

Analyze the Bakke and the University of Michigan rulings and discuss two implications these court rulings have on you as the personnel manager of your agency.

In the 1978 ruling of Regents of the University of California v. Bakke, the Supreme Court of the United States ruled it unconstitutional to use a “quota” system to reserve a certain number of spots, but agreed to allow the school to use other determining factors including race, ethnicity, gender and economic status. In the University of Michigan case Gratz v. Bollinger, the Supreme Court reached the same conclusion, but ruled that race could not be the preeminent factor.

As the personnel manager of my agency, The United States Department of Education, Affirmative Action has a place in the agency, when appropriately used. To create a strong educational foundation for the future of our country, it is imperative that diversity plays a key role. In fact, Secretary of Education Arne Duncan stated “As the Court has repeatedly recognized, a diverse student enrollment promotes cross-racial understanding and dialogue, reduces racial isolation, and helps to break down stereotypes.” (Bidwell, 2013, para. 7). Preparing racially diverse educators will be critical to ensuring the economic success of our country. As educators advance to higher positions within the US Department of Education, Affirmative Action will aide in ensuring that diversity continues in those higher positions. Diversity should not stop at the classroom level; the administrative level should be just as diverse.

http://www.usnews.com/news/articles/2013/09/27/oba…

Debate It: Take a position for or against the U.S. Supreme Court’s decision in 1986 on the use of affirmative action in hiring, promotion, and layoffs for your agency. Provide at two reasons and examples to support your position.

I agree with the U.S. Supreme Court decision in the 1986 case of Wygant v. Jackson Bd. Of Education. Affirmative action was created to ensure equal opportunity and break down barriers; however, the results may not be equal. Deciding who should be hired should be based on how well they can perform the task that they are being hired to do. Deciding who should be laid off should be based on several factors, how long they have been on the job, job performance and performance review ratings should be a few of those factors.

In education, America still has a long way to go before the system is completely fair and just. There is still an unequal playing field when it comes to the education children of color and children with disabilities.

References

Racial inequality in school http://www.washingtonpost.com/local/education/us-e…

Educating individuals with disabilities http://www.huffingtonpost.com/trisha-lynn-sprayber…

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