The Legal Illegal Discrimination of Affirmative Action


Federal and state laws make it illegal to use race, gender, or ethnic background as a determining factor in employment, renting or selling property or in a number of other business dealings.  Virtually every employer is required to post Equal Opportunity Employment posters at their place of business.

In view of all of the anti-discrimination laws, how can anyone justify any form of affirmative action?

Take for example the case in California where an affirmative action bill is sitting on Governor Jerry Brown’s desk awaiting his signature.  The bill would give certain preferential status to university applicants based on their race, gender, ethnic background, family income and other factors.  And like virtually every other form of affirmative action that has ever existed in the US, the policy actually penalizes and discriminates against white males from middle and upper class families.

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Back in 1996, voters in California approved a measure that made it illegal to use race and gender in any consideration for university application acceptance, or hiring.  However, the California legislature decided to go against the will of the people and passed the affirmative action measure anyway.

To emphasize the discriminatory results of affirmative action, a group of Republican students at the Berkeley campus of the University of California are holding a bake sale and setting prices based on race and gender.  The affirmative action pricing for a cupcake runs:

  • $2.00 for white customers
  • $1.50 for Asians
  • $1.00 for Latinos
  • $0.75 for blacks
  • $0.25 for American Indians1
  • $0.25 discount for females.

What I find interesting and rather hypocritical is that the many of the people that push for affirmative action are against any form of racial profiling by law enforcement.  They want discriminatory practices when it favors them but not when it may work against them.  But in all fairness it should be all or nothing.

If minorities want affirmative action, then they need to realize that legally opens the door for racial profiling or any other form of racial discrimination.  They holler for equality, but in reality what they want is preferential treatment.

  1. I refuse to use the term ‘native American’ to refer to American Indians.  Since I was born here in the United States, I consider myself a native American even though I’m not Indian. []
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