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In reply to the discussion: BREAKING: SCOTUS TO HEAR MAJOR CHALLENGE TO AFFIRMATIVE ACTION [View all]Scootaloo
(25,699 posts)Affirmative action is a good-faith system wherein an employer, when faced with a choice between two more more sufficiently qualified candidates for a position, agrees to hire the one least-represented in his current crew or most reflective of the community his business is in.
First, it is by no means mandatory. An establishment engages in the system out of its own volition, and can alter its position any time it likes.
Second, a key factor is the candidates must be qualified for the position; the idea of unqualified minorities getting positions over qualified non-minorities is simply a dog-whistle, amounting to bigots saying minorities are never qualified.
Third, it measures "minority" in a location-by-location basis. My pale ass would be covered by affirmative action if I sought employment in, I dunno, South Los Angeles.
Basically it's "discrimination" in the same way "Well, they're both qualified, but I like this one's positive attitude more" is discrimination.
And yes, I wouldn't be surprised to see a strictly partisan split, if it comes to a ruling. By now we should all understand that just 'cause th Court says so, doesn't mean its actually so...