
The Supreme Court ruled last month that white firefighters in New Haven, Conn., were unfairly denied promotions because of their race, reversing a decision that high court nominee Sonia Sotomayor endorsed as an appeals court judge.
The court said in a 5-4 decision that New Haven was wrong to scrap a promotion exam because no African-Americans and only two Hispanic firefighters were likely to be made lieutenants or captains based on the results. The city said that it had acted to avoid a lawsuit from minorities.
The problem here is that the United States government and most employers still don't understand what Affirmative Action is and what it isn't. First and foremost, it is remedial. That means that it is designed to right past wrongs. Second, it is temporary. Once the "wrong" has been "righted," the staffing process reverts to equal employment. And, third, it is a recruitment technique, not a selection technique. It's designed to increase the pool of qualified minorities and women, not to hire someone just because they are in either of those protected groups.
I firmly believe that the problem with Affirmative Action is in its implementation, not in the law itself. Until employers and our government really understand what it is and how to appropriately apply Affirmative Action, the cries of reverse discrimination will continue.
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