2021. A moral policy approach for addressing persistent group-based disparities, Serving, organizing, and empowering communities of color, Best practices for aligning research, advocacy, and activism, Asian Americans and the anti-racist equity agenda, Racial and ethnic disparities in the United States, Program on Race, Ethnicity, and the Economy, Economic Analysis and Research Network (EARN), The Failure of Race Neutral Policies: How Mandatory Terms and Sentencing Enhancements Contribute to Mass Racialized Incarceration, The Failure of Race-Blind Economic Policy, Race Neutral Policies as Barriers to Reconciliation, Theres No Such Thing as Race-Neutral Policy (with Valerie Wilson), The Unfulfilled Promise of the Fair Housing Act, Race-Conscious PoliciesIncluding Affirmative ActionAre Necessary for Addressing Racial Inequity, Affirmative Action Just Lost in CaliforniaAgain, Intersectionality and Public Policy: Some Lessons from Existing Models, Race, Mass Incarceration, and the Disastrous War on Drugs, Housing Vacancies and Homeownership (CPS/HVS), Racial Representation in Professional Occupations: By the Numbers, Black Women Workers Are Essential During the Crisis and for the Recovery but Still Are Greatly Underpaid, Guiding principles for anti-racist research, the bodycam for racial economic injustice, Multidimensional identities of the Hispanic population in the United States, The power of self-determination in building sustainable economies in Indian Country, Program on Race, Ethnicity, and the Economy PREE, Economic Analysis and Research Network EARN. 2021. So is there a viable race-neutral substitute for affirmative action that sufficiently satisfies diversity goals? One is that, even under the current law of Grutter v. Bollinger [a 2003 case in which the Supreme Court upheld affirmative action policies at the University of Michigan Law School], the University of North Carolina is violating the equal protection clause in the 14th Amendment. For policymakers to craft meaningful criminal justice reform, legislation must address the systemic racial legacy of mass incarceration and the root causes of race and class divide through economic empowerment. 2020. Such questions would enable admissions officers to better understand prospective students and their backgrounds without explicitly considering race. Their briefs claim that while outreach efforts have resulted in more low-income and first-generation students, they have not alone significantly increased diversity. A third claim is that Harvard is engaged in racial balancing, which means they are essentially seeking a quota, Forde-Mazrui said. Instead, it achieved greater diversity by setting aside slots for students from all 26 middle schools in Fairfax County. Forde-Mazrui said this case is more complicated. Daria Roithmayr University of Southern California The United States' highest court is hearing arguments against using race as a factor in college admissions policies Monday in cases involving the University of North Carolina at Chapel Hill and Harvard University. Solomon, Danyelle, Conor Maxwell, and Abril Castro. The United States highest court is hearing arguments against using race as a factor in college admissions policies Monday in cases involving the University of North Carolina at Chapel Hill and Harvard University. 2016. Black Women Workers Are Essential During the Crisis and for the Recovery but Still Are Greatly Underpaid. Working Economics Blog (Economic Policy Institute), August 12, 2020. And importantly, the court is not the only place where skepticism of race-conscious policies exists:Voters in California recently rejected a ballot measurethat would have restored the states affirmative action policy, suggesting broad public unease with race-conscious decision-making. v. Regents of the University of Michigan et al. Source: Economic Policy Institute analysis of Current Population Survey Housing Vacancy Survey. These materials and publications can support your work as you prepare for the Supreme Courts decision by examining policies or moving toward race-neutral admission policies. The Supreme Court's choice to review affirmative action cases at Harvard and the University of North Carolina is troubling and portends a regressive shift, she says. The schools say they stand by their holistic admissions criteria that include the consideration of race among many factors when forming classes with the goal of fostering educational diversity. Previously more than 80% of the students came from six high-achieving feeder schools. Prepare your campus by using the materials and publications to examine and review your admissions policies. Hanauer, Nick, and Jessyn Farrell. Two "race-neutral alternatives" are frequently proposed: a search for socioeconomic diversity, which is often a proxy for racial and ethnic diversity, and a plan to admit the top candidates . For years, states have been the battleground on whether to advance race-neutral and race-conscious policies. Center for American Progress. Staff Following are key reasons why we need to combat the harms of race-neutral policy with race-conscious policies to build a racially just economy and how those policies should be structured: Over 50 years ago, the civil rights era ushered in numerous transformative policies that sought to give people of color equal access to various social and democratic institutions free from explicit discrimination based on race. Policies such as ELC and holistic admission have improved the diversity of UC's student body, but they still haven't . Students for Fair Admissions fourth claim against Harvard is that Harvard singles out Asian applicants for unfavorable treatment. As colleges nationwide await a Supreme Court decision, they face an uncertain future about how to craft a class and ensure diversity within their student body. Future Admissions Tools and Models Initiative, Fisher I: Fisher v. University of Texas 2013, Fisher II: Fisher v. University of Texas 2016, Grutter v. Bollinger and Gratz v. Bollinger, Coalition to Defend Affirmative Action et al. Centre of Economic Policy Research, December 2019. 2019. (based on their race, gender, sexuality, or nationality) in specific areas such as college admissions or managerial ranks. Consistently ranked among the top law schools, Virginia is a world-renowned training ground for distinguished lawyers and public servants, instilling in them a commitment to leadership, integrity and community service. <>/P 6 0 R/S/Link>> 0:57. Race-neutral policiessuch as equal protection civil rights lawsfail to reverse the gaps and barriers that exist because of structural racism. <>stream Economic Policy Institute, February 2018. Race/ethnicity categories are mutually exclusive (i.e., white non-Hispanic, Black non-Hispanic, AAPI non-Hispanic, and Hispanic any race). Consider, for example, a student's personal statement reflecting on the challenges of belonging to a particular race. In 2009, Texas amended the policy, raising the threshold to 6-7% for the University of Texas at Austin. College Board Access & Diversity Collaborative, is a guide to assist institutions of higher education in evaluating race- and ethnicity-neutral policies in support of mission-related diversity goals. Lewis, Nathan. 2021. But the view of race consciousness as racial discrimination is deeply flawed. The true myth of race-neutral policy is the unwillingness to acknowledge or address the racist history within our country, our economy, and our society as well as the long-standing effects that systemic racism has on communities of color. UT argues that the Court has already held that a university's interest in diversity is compelling, and that UT's admissions policy is narrowly tailored, because race-neutral approaches are insufficient to achieve its interest. Its racial egalitarianism that motivates affirmative action, in his legal opinion. To access this presentation, use the passcode: access2022! The school system insisted its new admissions policies are race-neutral; among other things, they noted that the panelists who evaluate applications don't even know the race of the students they . They point to race-neutral college admission policies in California, Michigan and other states where the practice is banned and diversity has declined. (CPS), where a race-neutral, place-based a rmative action system is used for admissions at highly competitive exam high schools. In an amicus brief submitted to the court ahead of oral arguments, the University of California system recounted the effects of its race-neutral admissions strategies on campus diversity. The decision is a welcome affirmation that using race-conscious decision-making is both lawful and necessary in higher education. Criminal justice reform policies have been prime examples of legislation that fails to address both race and class while also reifying the inequities present at the intersection of race, class, gender, and criminality (Hankivsky and Cormier 2011). Prepare for the 2023 decision right now following the ADCs Key Action Guide for Every Institution. In addition to arguing that there are race-neutral options that could be used in admissions, the plaintiffs say Harvard is using race excessively, so theyre using more race than is permissible under Grutter because Grutter wants race to be a mild factor, Forde-Mazrui said. Fast forward to [today] the chokehold has gone away., Affirmative action opponents often favor so-called race-neutral admissions policies, which do not explicitly consider race. The Sentencing Project, October 2021. . And that won't end. <>20]/P 18 0 R/Pg 45 0 R/S/Link>> This fall the U.S. SupremeCourtwill hear two federal cases on the use of race in admissions. EdSource. The Politics of Exclusion: The Failure of Race-Neutral Policies in Urban America. Consequently, disparities in wealth and numerous other indicators connected to homeownership and residential patterns continue to grow while the economy leaves communities of color further behind. Racial Representation in Professional Occupations: By the Numbers. Economic Policy Institute, June 2021. We dont know for sure about some of the newer justices, but we know Samuel Alito, Clarence Thomas and John Roberts, they all voted to strike down affirmative action in the Fisher case.. U.S. Supreme Court Ruling on Race in Admissions. Many schools lack the resources that U-M has been able to put into this effort, Michigan's brief states, and would not be able to undertake such a broad array of initiatives to respond to such a disruptive change. National Fair Housing Alliance. The Supreme Court sided with a Virginia school board in an admissions case. The Failure of Race Neutral Policies: How Mandatory Terms and Sentencing Enhancements Contribute to Mass Racialized Incarceration. Crime & Delinquency57, no. Equitable policymaking must not only be race conscious but also target the intersection of race and classparticularly regarding criminal justice policy and combatting mass incarceration. 2018. Race, Mass Incarceration, and the Disastrous War on Drugs. Brennan Center for Justice, May 10, 2021. The fight against affirmative action, and race . endobj Our webinars and events combine expert analysis with hands-on best practices and discussions from leaders in the field of diversity and admissions. Consideration of all aspects of a students background for admissionincluding raceis not only constitutional; itscriticalto becoming a more equitable society. The one involving UNC-Chapel Hill features similar claims but adds white students into the mix. California, where voters banned affirmative action in 1996, has already . Said Eisgruber, "We will do our best to be . The University of California evaluates students based on numerous factors, according to a statement shared with BestColleges, including an appreciation of their individual context and lived experiences. In a response filed Wednesday in the Supreme Court, the school board insisted that its admissions policy is "race-neutral" and said the 4th Circuit was "entirely within its . And race-neutral admissions policies do not appear to result in the degree of parity that race-conscious admissions policies have produced. 45 0 obj 24 0 obj Sawhill, Isabell V., and Richard V. Reeves. Learn more about the case, issues, and implications by reviewing one of our prerecorded webinars: Review this recorded session from April2022 for timely analysis on the case, as well as practical, hands-on recommendations from enrollment leaders. Breadwinning Mothers Continue to be the U.S. race in university admissions, 11. and both researchers and policymakers tend to assume that these schools are ideal exemplars of the operation and effects of race-neutral pol-icies. Professor Kim Forde-Mazrui directs the Center for the Study of Race and Law. That clause reads No State shall deny to any person within its jurisdiction the equal protection of the laws., Students for Fair Admissions claims that UNC could use race-neutral alternatives to achieve racial diversity, Forde-Mazrui said, which would fail the Grutter test, because that test says you should only use race if there are no workable race-neutral alternative ways to achieve racial diversity.. Various years. <> The Court stated that the 10% plan did not meet the university's 1225 Eye St. NW, Suite 600 Texas tried to implement a race-neutral admissions policy, but it did not help increase underrepresented minority students at flagship public colleges. However, research suggests that while racial discrimination is explicit within the criminal justice system, the class composition of each racial group is strongly correlated with the big overall gap in Black and white incarceration rates (Lewis 2018). However, over the past several years, affirmative action has been under attack in the higher education space as some believe race shouldnt be a factor for admission into a school or program. The second is the class rank approach. The inclusion of race, class, and disaggregated gender disparities as policy targets are critical in advancing race-conscious policies on both federal and state levels. And Richard Sander, a University of California, Los Angeles, law professor, has shown that adopting race-neutral admissions policies may lead to improved outcomes for racial minorities. The conservative Supreme Court will meet Monday to consider whether colleges and universities can continue to take race into consideration as a factor in admissions, a case that could diminish the . Communications and stakeholder engagement. Browse events and recorded sessions. Because many of those students come from under-resourced communities, the TTPP serves as a way to increase both low-income and racial minority students, at least in theory. Among the initiatives examined is the Texas Top Ten Percent Plan (TTPP), instituted in 1997 after a federal appellate court ruled in Hopwood v. Texas that the state's affirmative action system was unconstitutional. The Unfulfilled Promise of the Fair Housing Act. The New Yorker, April 11, 2018. The U.S. Supreme Court is set to soon decide whether race-based programs in admissions are lawful. California provides a fascinating case study because of its diverse population and the breadth and quality of its public higher education system. AppendPDF Pro 6.3 Linux 64 bit Aug 30 2019 Library 15.0.4 Campuses that have implemented race-neutral admissions policies in recent years have seen dramatic declines in enrollment numbers among underrepresented groups. Lawyers for some parents had sued to challenge the change in the admissions policy, which they said discriminated against Asian American students. 1 (2011): 21729. Note: This story originally appeared onMsMagazine.com. endobj Focus on policies and programs conscious of race, ethnicity, sex, and gender. Coalition to Defend Affirmative Action et al. Black women are also more likely to face occupational segregation that limits their access to higher-paying jobs (Wilson, Miller, and Kassa 2021). <><>17 18]/P 18 0 R/Pg 45 0 R/S/Link>> A race-blind admissions standard, they say . [E]verybody would rather achieve all our racial diversity goals through race-neutral means, Associate Justice Elena Kagan said in the Harvard case. 1 0 obj Affirmative action is a set of policies and practices within government or an organization that seeks to boost participation of underrepresented groups (based on their race, gender, sexuality, or nationality) in specific areas such as college admissions or managerial ranks. endobj Were a cross-disciplinary group of education professionals and organizations dedicated to upholding the principles of equitable access to higher educationand promoting diversity on campus. Wingfield, Adia Harvey. Published March 22, 2021. Hard Truths: Why Only Race-Conscious Policies Can Fix Racism in Higher Education. In Michigan's case, there are almost six times as many white students as Black students from low-income families. The Education Trust, January 2020. Published March 22, 2021. Legal, policy, and practice professionals share their expertise and guidance, including how to leverage College Board's Landscapetool in the context of the broader legal environment. 2020. 11 These affirmative action bans in . <>22]/P 18 0 R/Pg 45 0 R/S/Link>> Race-conscious admissions policies are still the best way to achieve diversity on campus. In the ensuing years, despite extraordinary efforts that included many of the targeted outreach tactics employed in California as well as a reduction in the number of students enrolled via early acceptance programs, minority enrollment fell sharply, the university claims. At UCLA, Black enrollment, which had been 7% before Proposition 209, fell to 3.4% by 1998. Income and Wealth Inequality in America. Review our issue and case briefs related to access and diversity. Race-neutral policy such as the drive to eliminate affirmative action threatens racial equity in the states. Voters in California passed Proposition 209 in 1996, banning race-conscious admissions policies. They noted the high court has agreed to hear a similar appeal arguing that Harvard University discriminates against Asian Americans in its admissions policy. 61 0 obj In the 2016 verdict, the court found that race played only a modest role UT's "holistic" affirmative action policy. Rothstein, Richard. 2021. The law was passed once again in 2020. Accessed January-February 2022. The Civil Rights Act was passed under the authority of Congress to enforce the Fourteenth Amendment, one of the post-Civil War Reconstruction Amendments that bans denying any individual "the . After centuries of systemic exclusion of Black Americans from full participation in our society and economy, targeted, intersectional, race-conscious policies to ensure full participation are long overdue. Despite the intention of prohibiting discrimination by outlawing redlining (and other practices, such as real estate agents steering Black buyers away from white neighborhoods), the Fair Housing Act only mitigated the harm inflicted on communities of color by outlawing future racist policies. The premise that civil rights laws can eradicate racism within institutions founded on the doctrine of racism is not only a common fallacy, but harmful in achieving true racial equity and justice. 5 0 obj In systems and institutions like higher education with a history of long-entrenched racial segregation and discrimination, race-conscious policies are pivotal in enhancing the representativeness, diversity, and educational outcomes of people of color. For example, while the Fair Housing ActTitle VIII of the Civil Rights Act of 1968outlaws housing discrimination based on race, color, religion, national origin, sex, disability, or familial status,1 it has never fully delivered on its promise to promote and further integration (Adams 2018). http://www.jstor.org/stable/41058335. These two cases were heard separately over the course of the day. Google Maps. The plaintiff is the same in both: Students for Fair Admissions, an organization that represents college applicants of Asian ancestry. No, says the report. According to a 2020 Wall Street Journal report, 56% of the nation's top 250 institutions considered legacy in their . Black homeownership rate still lags nearly 30 percentage points behind white homeownership rate, Homeownership rates by race and ethnicity, 19942021, Advancing anti-racist economic research and policy, Perspectives and resources on race, ethnicity, and the economy. Opponents of race-conscious decision-making, like Blum, misleadingly characterize such policies as discriminatory simply because they acknowledge the reality of race. . Voters in California passed Proposition 209 in 1996, banning race-conscious admissions policies. 60 0 obj Interactive tools and videos bringing clarity to the national dialogue on economic inequality. In a post-affirmative action world, where the consideration of race as a factor in admissions decisions is no longer legal, can and will universities still favor applicants of color? Black undergraduate enrollment fell from 7.03% in 2006, when Proposal 2 was passed, to 3.92% in 2021. endobj Summary:Race-neutral policies are harmful for achieving true racial equity and justice. <>/Metadata 2 0 R/Outlines 5 0 R/Pages 3 0 R/StructTreeRoot 6 0 R/Type/Catalog/ViewerPreferences<>>> Campuses that have implemented race-neutral admissions policies in recent years have seen dramatic declines in enrollment numbers among underrepresented groups. And even without an explicit application checkbox for race, certain assumptions can be made based on surnames, ZIP codes, and individual high schools, notes admissions consultant Sara Harberson. Newsroom Throughout U.S. political history, there have been a plethora of policy initiatives that were designed to lift only members of a disadvantaged socioeconomic group without acknowledging the racial component, thus failing to address long-standing inequityor vice versa. But unlike in the Virginia high school case, Harvard acknowledges it considers the race and ethnicity of applicants in deciding whom to admit. Wilson, Valerie, Ethan Miller, and Melat Kassa. Certainly, selective colleges should strive for class diversity along with racial diversity, wrote Anthony Carnevale, the center's director. Public data series accessed through the Housing Vacancies and Homeownership (CPS/HVS) data tables. Video endstream Richard Kahlenberg, formerly of The Century Foundation and an expert witness in the Harvard case, posits this argument. The outcome of this case will affect the admissions schemes and racial demographics of universities. These cases arise from two distinct yet related lawsuits. Race Neutral Policies as Barriers to Reconciliation. YouTube video, 59:21. . Several state university systems have created race-neutral policies to determine which students are admitted and which are not. The Supreme Court on Monday cleared the way for a Virginia school board to admit more Black and Latino students and slightly fewer Asian students to a magnet high school for math and science. 2016. A federal trial judge agreed and ruled the boards new policy amounted to illegal racial balancing.. If you look at the conservative justices, they are all likely against affirmative action. At least nine states Arizona, California, Florida, Idaho, Michigan, Nebraska, New Hampshire, Oklahoma, and Washington have passed laws prohibiting affirmative action in university admissions. Race-neutral policiessuch as equal protection civil rights lawsfail to reverse the gaps and barriers that exist because of structural racism. She was referring to recent Supreme Court decisions on affirmative action. Race-neutral admissions emerged in 1995 as a significant policy issue when the Regents of the University of California (UC) adopted Resolution SP-1, prohibiting the use of race, religion, sex, color, ethnicity, or national origin in the UC admission process. EPI is an independent, nonprofit think tank that researches the impact of economic trends and policies on working people in the United States. Affirmative action decision-making in employment and education is a useful way to implement race-conscious practices that address inequities springing from historical barriers for marginalized people. <>9]/P 17 0 R/Pg 45 0 R/S/Link>> trigger "strict scrutiny" review (summarized in the chart, below), and race-neutral policies, which do not: Race-conscious policies include two types of policies: (1) those that involve explicit racial classifications (such as the University of Michigan Law School's race-as-a-factor admissions policy, where race was As just one example of the gap between the promises of the act and the reality, decades later African Americans still face disparately low rates of homeownership, as shown in Figure A. William A. Darity Jr. Duke University We develop a theoretical framework that motivates quantifying the e ciency cost of race-neutral policies by the extent admissions decisions are distorted more than needed to achieve a given level of diversity. Prior to 2020, about 70% of the admitted students at Thomas Jefferson were Asian Americans, but that percentage fell to 54% under the new policy. 2021. Lawyers for the Pacific Legal Foundation, a conservative advocacy group based in Sacramento that had sued on behalf of several parents, filed an emergency appeal with the Supreme Court. However, as the Alternative Paths report points out, theory doesn't always translate into practice. <>0]/P 11 0 R/Pg 45 0 R/S/Link>> Race-neutral admissions alternatives have been found to have no effect on or to increase white admission in secondary schools, and no simulation in the record would produce the level of diversity . Harvard and UNC are asking the justices to allow Grutter and other similar decisions to stand. It is the product of several years' research and collaboration with enrollment experts and higher education leaders. Race-conscious admission policies and the priority of diversity are all crucial factors in promoting equity in education." However, Blum believes that race-neutral admissions could increase diversity, and that colleges such as UNC chose to reject this. Apply a comprehensive DEI lens throughout the institution, including cross-campus functions and departments. The Economic Policy Institute staff is unionized with the Moreover, those students, even though they represent the top tier of their high school class, aren't always adequately prepared for college. The new policy also dropped several standardized tests that were used to rank applicants, as well as the $100 fee to apply. sBOx-SIWQg, Thinking Hard About 'Race-Neutral' Admissions. One reason is cost. Danyelle, Conor Maxwell, and Melat Kassa to advance race-neutral and race-conscious policies Can racism... 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