ERIC Number: ED292213
Record Type: RIE
Publication Date: 1980
Reference Count: N/A
The Reverse Discrimination Controversy. A Moral and Legal Analysis.
Fullinwider, Robert K.
This book has two principal aims: to clarify the topical and controversial issue of reverse discrimination and to reach some conclusions about the rights and wrongs involved in this issue. Focusing mainly on preferential hiring, the book explicitly and extensively addresses the law and the institutional context of the issues. Examination of the types of arguments used in defense of preferential hiring and of such concepts as compensatory justice, rights, social utility, distributive justice, and equal opportunity leads up to a detailed discussion of Title VII of the Civil Rights Act of 1964 and Executive Order 11246 (1965), which established affirmative action programs. The book also examines the Supreme Court's approach to the "equal protection" clause of the 14th Amendment and shows how the Court's doctrine can make room for constitutionally permissible uses of race, including racially preferential hiring. The final part of the book presents a moral theory of constitutional equality that accommodates much of the Supreme Court's doctrine and justifies the occasional use of race in social policy. The conclusion reached is that there is no absolute principled (constitutional) bar to some kinds of reverse discrimination, but that such practices may still be morally undesirable. (TE)
Descriptors: Affirmative Action, Civil Rights, Constitutional Law, Court Litigation, Desegregation Methods, Discriminatory Legislation, Equal Opportunities (Jobs), Ethics, Ethnic Discrimination, Legal Problems, Legal Responsibility, Racial Balance, Racial Discrimination, Reverse Discrimination, Social Desirability, Social Integration
Publications, Institute for Philosophy and Public Policy, 0123 Woods Hall, University of Maryland, College Park, MD 20742 ($12.50 paperback--ISBN-0-8476-6901-7; $31.50 hardcover--ISBN-0-8476-6273-X).
Publication Type: Books; Information Analyses; Reports - Evaluative
Education Level: N/A
Authoring Institution: Maryland Univ., College Park. Inst. for Philosophy and Public Policy.