Affirmative action: differenze tra le versioni

{{Short description|Policy of promoting members of groups that have previously suffered from discrimination}}

{{Use dmy dates|date=January 2020}}

{{EngvarB|date=June 2022}}

{{discrimination sidebar}}

'''Affirmative action''' involves sets of policies and practices within a government or organization seeking to include particular groups based on their gender, race, sexuality, creed or nationality in areas in which such groups are underrepresented - such as education and employment.<ref>{{cite web|title=positive discrimination|url=http://www.oxforddictionaries.com/definition/english/positive-discrimination?q=positive+discrimination|archive-url= https://web.archive.org/web/20140223185155/http://www.oxforddictionaries.com/definition/english/positive-discrimination?q=positive+discrimination|url-status=dead|archive-date=23 February 2014|work=Oxford Dictionaries |publisher=Oxford University Press|access-date=13 February 2014}}</ref><ref>{{cite web|title=affirmative action|url=http://www.oxforddictionaries.com/definition/english/affirmative-action?q=affirmative+action|archive-url= https://web.archive.org/web/20140223185154/http://www.oxforddictionaries.com/definition/english/affirmative-action?q=affirmative+action|url-status=dead|archive-date=23 February 2014|work=Oxford Dictionaries|publisher= Oxford University Press|access-date= 13 February 2014}}</ref><ref name="The Federal Register">{{cite web | publisher = The Federal Register | title = Executive Order 11246—Equal employment opportunity | url = https://www.archives.gov/federal-register/codification/executive-order/11246.html | access-date =5 February 2010| archive-url= https://web.archive.org/web/20100330083544/http://www.archives.gov/federal-register/codification/executive-order/11246.html| archive-date= 30 March 2010 | url-status= live}}</ref><ref>{{cite web | publisher = Stanford University | title = Affirmative Action | url = http://plato.stanford.edu/entries/affirmative-action/ | access-date =30 October 2022 | quote = 'Affirmative action' means positive steps taken to increase the representation of women and minorities in areas of employment, education, and culture from which they have been historically excluded.}}</ref> Historically and internationally, support for affirmative action has sought to achieve goals such as bridging inequalities in employment and pay, increasing access to education, promoting diversity, and redressing apparent past wrongs, harms, or hindrances.

The nature of affirmative-action policies varies from region to region and exists on a spectrum from a hard quota to merely targeting encouragement for increased participation. Some countries use a quota system, reserving a certain percentage of government jobs, political positions, and school vacancies for members of a certain group; an example of this is the [[Reservation in India|reservation system in India]].

In the United Kingdom, hiring someone simply because of their protected-group status, without regard to their performance, is illegal.<ref name="cre" /><ref name="govuk">{{cite web|title=Types of discrimination |url= https://www.gov.uk/discrimination-your-rights/types-of-discrimination|work=Discrimination: your rights |publisher= GOV.UK|access-date= 7 April 2013|author= GOV.UK|author-link= Gov.uk|date= 4 April 2013}}</ref><ref name="personneltoday.com">{{Cite web |last= Millar |first= Michael |date= 2006-01-17 |title= Is there a case for positive discrimination? |url=https://www.personneltoday.com/hr/is-there-a-case-for-positive-discrimination/ |access-date=2022-07-13 |website=Personnel Today |language=en-GB}}</ref> However, the law in the United Kingdom does allow for membership in a protected and disadvantaged group to be considered in hiring and promotion when the group is under-represented in a given area and if the candidates are of equal merit (in which case membership in a disadvantaged group can become a "tie-breaker").<ref name="xperthr.co.uk">{{Cite web |url= https://www.xperthr.co.uk/faq/what-positive-action-is-permitted-under-discrimination-legislation/103008/|title=What "positive action" is permitted under discrimination legislation? &#124; FAQs &#124; Tools &#124; XpertHR.co.uk|website=www.xperthr.co.uk}}</ref> An alternative approach, common in the United Kingdom and elsewhere in Europe, is [[positive action]]. Under this approach, the focus tends to be on ensuring equal opportunity and, for example, targeted advertising campaigns to encourage ethnic minority candidates to join police forces. This is often described as being [[Racial color blindness| "color blind"]], although the social viability of that concept is heavily contested by certain elements in the United States.<ref>{{cite book |title= Racism Without Racists: Color-blind racism and the persistence of racial inequality in the United States |last= Bonilla-Silva |first= Eduardo |date= 2014 |publisher= Rowman & Littlefield |isbn= 978-1-44-222055-3 |edition= 4th |pages= 101–102 }}</ref><ref>{{cite journal|author= Gallagher, Charles A.|date= 2003 |title= Color-Blind Privilege: The Social and Political Functions of Erasing the Color Line in Post Race America|journal=Race, Gender & Class|volume=10|issue=4|pages=22–37|jstor=41675099}}</ref>

In the United States, affirmative action is controversial<ref>{{cite web | publisher = Stanford University | title = Affirmative Action | url = http://plato.stanford.edu/entries/affirmative-action/ | access-date =30 October 2022 | quote = When [affirmative-action] steps involve preferential selection — selection on the basis of race, gender, or ethnicity — affirmative action generates intense controversy.}}</ref> and [[public opinion]] on the subject is divided. Supporters of affirmative action argue that it promotes equality and representation for groups which are socio-economically disadvantaged or have faced historical discrimination or oppression.<ref name="Stanford Encyclopedia of Philosophy">{{cite web | publisher = Stanford University | title = Affirmative Action | url = http://plato.stanford.edu/entries/affirmative-action/ | access-date =30 October 2022}}</ref>{{qn|date=October 2022}} Opponents of affirmative action have argued that it is a form of [[reverse discrimination]],<ref name=":2" /> that it tends to benefit the most privileged within minority groups at the expense of the least fortunate within majority groups,<ref name=":3" /> or that - when applied to universities - it can hinder minority students by placing them in courses too difficult for them.<ref name="auto" />

==Origins==

The term "affirmative action" was first used in the United States in "[[Executive Order 10925|Executive Order No. 10925]]",<ref>{{cite web | url=http://shfg.org/resources/Documents/FH%202%20(2010)%20MacLaury.pdf | title=President Kennedy's E.O.10925: Seedbed of Affirmative Action | publisher=Society for History in the Federal Government | access-date=20 August 2020 | archive-date=27 October 2020 | archive-url=https://web.archive.org/web/20201027201202/http://shfg.org/resources/Documents/FH%202%20%282010%29%20MacLaury.pdf | url-status=dead }}</ref> signed by President [[John F. Kennedy]] on 6 March 1961, which included a provision that [[government contractor]]s "take ''affirmative action'' to ensure that applicants are employed, and employees are treated [fairly] during employment, without regard to their race, creed, color, or national origin".<ref name="oeod.uci.edu">[http://www.oeod.uci.edu/aa.html A Brief History of Affirmative Action] {{webarchive|url=https://web.archive.org/web/20150512084109/http://www.oeod.uci.edu/aa.html|date=12 May 2015}}, University of California, Irvine (access date 16 May 2015)</ref> It was used to promote actions that achieve non-discrimination. In 1965, President [[Lyndon B. Johnson]] issued [[Executive Order 11246]] which required government employers to "hire without regard to race, religion and national origin" and "take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex or national origin."<ref>Executive Order 11246</ref>

The stated justification for affirmative action by its proponents is to help compensate for past discrimination, persecution or [[Exploitation of labour|exploitation]] by the ruling class of a culture,<ref name=":3">Sowell, Thomas (2004). Affirmative Action Around the World: An Empirical Study, Yale University Press, {{ISBN|0-300-10199-6}}</ref> and to address existing discrimination.<ref name="Affirmative Action">{{cite book|url=http://plato.stanford.edu/entries/affirmative-action/|title=Affirmative Action|publisher=Stanford Encyclopedia of Philosophy|date=1 April 2009}}</ref>

==Women==

{{See also|Women in government#Quotas|label 1=Women in government (quotas)}}

==Quotas==

Law regarding quotas and affirmative action varies widely from nation to nation.

In 2012, the [[European Union]] Commission approved a plan for women to constitute 40% of non-executive board directorships in large listed companies in Europe by 2020.<ref>{{cite magazine |title=The EU's Boardroom Quota Battle Is Over, But Women Cannot Yet Rest |url=https://www.forbes.com/sites/insead/2012/11/19/the-eus-boardroom-quota-battle-is-over-but-women-cannot-yet-rest/ |magazine=Forbes.com}}</ref>

==National approaches==

{{See also|Reserved political positions}}

In some countries that have laws on racial equality, affirmative action is rendered illegal because it does not treat all races equally. This approach of equal treatment is sometimes described as being "[[Color blindness (race)|color blind]]", in hopes that it is effective against discrimination without engaging in [[reverse discrimination]].

In such countries, the focus tends to be on ensuring equal opportunity and, for example, targeted advertising campaigns to encourage ethnic minority candidates to join the police force. This is sometimes called [[positive action]].

=== Africa ===

====South Africa====

{{See also|Black Economic Empowerment}}

=====Apartheid=====

The variation in skills and productivity between groups of people ultimately caused disparities in employment, occupation and income within labour markets, which provided advantages to certain groups and characteristics of people. This in due course was the motivation to introduce affirmative action in South Africa, following the end of apartheid.<ref name=prob>{{cite web |last=Stokes|first= G. |date=15 March 2010 |title=The problem with affirmative action |url=http://www.fanews.co.za/article.asp?Front_Page_Features~25,Stokes_Stage~1145,The_problem_with_affirmative_action~7618 |publisher=Fanews.co.za}}</ref>

=====Post-apartheid – the Employment Equity Act=====

Following the transition to democracy in 1994, the [[African National Congress]]-led government chose to implement affirmative action legislation to correct previous imbalances (a policy known as employment equity). As such, all employers were compelled by law to employ previously disenfranchised groups (blacks, [[Indian South Africans|Indians]], and [[Coloureds]]). A related, but distinct concept is [[Black Economic Empowerment]].<ref>[http://www.ecsecc.org/files/publications/120307130010.pdf] {{webarchive|url=https://web.archive.org/web/20140318215653/http://www.ecsecc.org/files/publications/120307130010.pdf|date=18 March 2014}}</ref>

These laws cause disproportionally high costs for small companies and reduce economic growth and employment.<ref name=africa/> The laws may give the black middle-class some advantage but can make the worse-off blacks even poorer.<ref name=africa/> Moreover, the [[Supreme Court of Appeal of South Africa|Supreme Court]] has ruled that in principle blacks may be favored, but in practice this should not lead to unfair discrimination against the others.<ref name=africa/>

=====Affirmative action purpose=====

Affirmative action was introduced through the Employment Equality Act, 55 in 1998, 4 years after the end of apartheid. This act was passed to promote the constitutional right of equality and exercise true democracy. This idea was to eliminate unfair discrimination in employment, to ensure the implementation of employment equity to redress the effects of discrimination, to achieve a diverse workforce broadly representative of our people, to promote economic development and efficiency in the workforce and to give effects to the obligations of the Republic as a member of the International Labour Organisation.<ref name=prob/><ref name=aff>{{cite journal |last=Bergmann |first=B. |year=1999 |title=The continuing need for affirmative action |journal=The Quarterly Review of Economics and Finance |volume=39 |issue=5 |pages=757–768 |doi=10.1016/S1062-9769(99)00027-7 }}</ref>

=====Outcomes=====

{{debate|section|date=May 2018}}

South African jurist [[Martin van Staden]] argues that the way affirmative action and transformation policies have been implemented in South Africa has eroded state institutions, grown [[Corruption in South Africa|corruption]], and undermined the [[rule of law]] in the country.<ref name=":0">{{Cite web|url=https://www.moneyweb.co.za/moneyweb-opinion/columnists/a-government-unhinged-2/|title=A government unhinged|last=Ryan|first=Ciaran|date=16 September 2019|website=Moneyweb|access-date=17 September 2019}}</ref><ref>{{Cite book|url=https://ruleoflaw.org.za/the-constitution-and-the-rule-of-law/|title=The Constitution and the Rule of Law: An Introduction|last=van Staden|first=Martin|date=8 February 2019|website=Rule of Law Project|language=en-US|isbn=978-0-9921788-6-4|access-date=17 September 2019}}</ref>

===Asia===

====China====

{{main|Affirmative action in China}}

There is affirmative action in education for minority nationalities. This may equate to lowering minimum requirements for the National University Entrance Examination, which is a mandatory exam for all students to enter university.<ref>{{Cite web|url=http://www.moe.gov.cn/edoas/website18/30/info26630.htm|title=Graduate Student Admission Ordainment – Ministry of Education, PRC}}{{Dead link|date=December 2021 |bot=InternetArchiveBot |fix-attempted=yes }}</ref><ref>{{cite web|url=http://www.mzzjw.gd.gov.cn/mzjy/ShowArticle.asp?ArticleID=541 |archive-url=https://web.archive.org/web/20090105011631/http://www.mzzjw.gd.gov.cn/mzjy/ShowArticle.asp?ArticleID=541 |url-status=dead |archive-date=5 January 2009 |title=Ethnic and Religious Affairs Commission of Guangdong Province |publisher=Mzzjw.gd.gov.cn |date=15 October 2007 |access-date=11 April 2012 }}</ref> Some universities set quotas for minority (non-Han) student intake. Further, minority students enrolled in ethnic minority-oriented specialties (e.g. language and literature programs) are provided with scholarships and/or pay no tuition, and are granted a monthly stipend.{{citation needed|date=June 2019}}

====Israel====

A class-based affirmative action policy was incorporated into the admission practices of the four most selective universities in [[Israel]] during the early to mid-2000s. In evaluating the eligibility of applicants, neither their financial status nor their national or ethnic origins are considered. The emphasis, rather, is on structural disadvantages, especially neighborhood socioeconomic status and high school rigor, although several individual hardships are also weighed. This policy made the four institutions, especially the echelons at the most selective departments, more diverse than they otherwise would have been. The rise in geographic, economic and demographic diversity of a student population suggests that the plan's focus on structural determinants of disadvantage yields broad diversity dividends.<ref>{{cite journal |author=Alon, Sigal |year=2011 |title=The Diversity Dividends of a Need-blind and Color-blind Affirmative Action Policy |pages=1494–1505 |journal= Social Science Research |volume=40 |issue=6 |doi=10.1016/j.ssresearch.2011.05.005 }}</ref>

In her study of gender politics in Israel, Dafna Izraeli showed that the paradox of affirmative action for women directors is that the legitimation for legislating their inclusion on boards also resulted in the exclusion of women's interested as a legitimate issue on the boards' agendas. "The new culture of the men's club is seductive token women are under the pressure to become "social males" and prove that their competence as directors, meaning that they are not significantly different from men. In the negotiation for status as worthy peers, emphasizing gender signals that a woman is an "imposter", someone who does not rightfully belong in the position she is claiming to fill." And once affirmative action for women is fulfilled, and then affirmative action shares the element, as Izraeli put it, the "group equality discourse," making it easier for other groups to claim for a fairer distribution of resources. This suggests that affirmative action can have applications for different groups in Israel.<ref>{{cite journal |first=Dafna |last=Izraeli |title=Gender Politics in Israel: The Case of Affirmative Action for Women Directors |journal=Women's Studies International Forum |volume=26 |issue=2 |pages=109–128 |date=March–April 2003 |doi=10.1016/S0277-5395(03)00043-8 }}</ref>

====India====

{{Main|Reservation in India}}

Reservation in India is a form of affirmative action designed to improve the well-being of [[Scheduled Castes and Scheduled Tribes]] (SC/ST), and [[Other Backward Class]]es (OBC), defined primarily by their caste. Members of these categories comprise about two-thirds of the population of India.<ref>{{cite web |url=http://www.censusindia.gov.in/2011census/hlo/pca/pca_pdf/PCA-CRC-0000.pdf |title=2011 Census Primary Census Abstract |work=Censusindia.gov.in|access-date=1 October 2017}}</ref><ref name="TOI2007">{{cite news|url=https://timesofindia.indiatimes.com/india/OBCs-form-41-of-population-Survey/articleshow/2328117.cms|title=OBCs form 41% of population: Survey|access-date=21 November 2020|work=[[Times of India]]|publisher=[[Bennett, Coleman & Company]]|date=1 September 2007|url-status=live|archive-date=17 April 2014|archive-url=https://web.archive.org/web/20200417023834/https://timesofindia.indiatimes.com/india/OBCs-form-41-of-population-Survey/articleshow/2328117.cms}}</ref> According to the [[Constitution of India]], up to 50% of all government-run higher education admissions and government job vacancies may be reserved for members of the SC/ST/OBC-NCL categories, and 10% for those in [[Economically Weaker Section]]s (EWS), with the remaining unreserved.<ref>{{Cite web|url=https://www.deccanherald.com/national/cabinet-approves-10-pc-711767.html|title=Govt OKs 10% job quota for economically weaker sections|date=7 January 2019|website=Deccan Herald|language=en|access-date=7 January 2019}}</ref><ref>{{Cite news|url=https://economictimes.indiatimes.com/news/politics-and-nation/big-move-by-modi-government-ahead-of-polls-announces-10-quota-for-upper-castes-reports/articleshow/67418661.cms|title=Modi govt announces 10 per cent quota for economically backward in general category|date=7 January 2019|work=The Economic Times|access-date=7 January 2019}}</ref> In 2014, the [[Ministry of Statistics and Programme Implementation|Indian National Sample Survey]] found that 12% of surveyed Indian households had received academic scholarships, with 94% being on account of SC/ST/OBC membership, 2% based on financial weakness and 0.7% based on merit.<ref>{{Cite news|url=http://www.rediff.com/news/report/rediff-labs-can-you-guess-how-many-indians-get-merit-based-scholarships/20140901.htm|title=Guess how many Indians get merit-based scholarships|work=Rediff|access-date=3 January 2018}}</ref>

==== Indonesia ====

Indonesia has offered affirmative action for [[Indigenous people of New Guinea|native Papuans]] in education, government civil worker selection, and police & army selection.<ref>{{Cite web|title=777 Putra Asli Papua Lolos Program Beasiswa ADIK dan ADEM|url=https://kumparan.com/bumi-papua/777-putra-asli-papua-lolos-program-beasiswa-adik-dan-adem-1rUFs1b6OUB|access-date=2020-08-06|website=kumparan|language=id-ID}}</ref><ref>{{Cite web|title=Afirmasi Pendidikan Tinggi – Kementerian Pendidikan dan Kebudayaan Republik Indonesia|url=https://adik.kemdikbud.go.id/|access-date=2020-08-06|language=en-US}}</ref><ref>{{Cite web|title=Seleksi CPNS KKP 2019–2020: Ada Kekhususan Bagi Orang Papua|url=https://tirto.id/seleksi-cpns-kkp-2019-2020-ada-kekhususan-bagi-orang-papua-ewR4|access-date=2020-08-06|website=tirto.id|language=id}}</ref><ref>{{Cite web|last=antaranews.com|date=2020-02-25|title=OAP calon siswa Bintara Noken di Papua capai 2.407 orang|url=https://www.antaranews.com/berita/1319146/oap-calon-siswa-bintara-noken-di-papua-capai-2407-orang|access-date=2020-08-06|website=Antara News}}</ref><ref>{{Cite web|last=Redaksi|title=Gercin Minta Kapolri Akomodir OAP Masuk Akpol {{!}} Papua Today|url=https://www.papuatoday.com/2019/03/22/gercin-minta-kapolri-akomodir-oap-masuk-akpol/|access-date=2020-08-06|language=id-ID}}</ref> After the [[2019 Papua protests]], many Papuan students chose to abandon their scholarship and return to their respective provinces.<ref>{{Cite web|last=developer|first=medcom id|date=2019-10-03|title=Siswa SMA Penerima Beasiswa Memilih Pulang ke Papua|url=https://www.medcom.id/pendidikan/news-pendidikan/eN4Rz4ok-siswa-sma-penerima-beasiswa-memilih-pulang-ke-papua|access-date=2020-08-06|website=medcom.id|language=id}}</ref> The program has been subject to criticism, with complaints made towards a lack of sufficient quotas and alleged corruption. [[Prabowo Subianto]], Indonesian [[Ministry of Defense (Indonesia)|defense minister]], has expressed that he will direct more effort towards recruiting Papuans to the [[Indonesian National Armed Forces]].<ref>{{Cite web|last=Antara|title=Prabowo Disebut Bakal Perbanyak Prajurit TNI Asal Papua|url=https://www.cnnindonesia.com/nasional/20191212091931-32-456266/prabowo-disebut-bakal-perbanyak-prajurit-tni-asal-papua|access-date=2020-08-06|website=nasional|language=id-ID}}</ref> Education scholarship by [[Ministry of Education and Culture (Indonesia)|Ministry of Education and Culture]], called ADik to the native Papuans and students from perhipery regions close to Indonesian border.<ref>{{Cite web|last=INDBeasiswa|title=Beasiswa ADik untuk Pelajar Papua dan 3T • INDBeasiswa|date=10 May 2019 |url=https://indbeasiswa.com/2019/05/beasiswa-adik-untuk-pelajar-papua-daerah-3t.html|access-date=2021-02-24|language=en-US}}</ref><ref>{{Cite web|title=Mengenal ADik, Beasiswa Kuliah S1 dari Pemerintah RI untuk Generasi Papua dan Daerah 3T|url=https://www.urbanasia.com/mengenal-adik-beasiswa-kuliah-s1-dari-pemerintah-ri-untuk-generasi-papua-dan-daerah-3t-U6573|access-date=2021-02-24|website=www.urbanasia.com|language=id}}</ref>

==== Malaysia ====

{{Main|Ketuanan Melayu}}

The [[Malaysian New Economic Policy]] or NEP is a form of ethnicity-based affirmative action. Malaysia provides affirmative action to those that are deemed "Bumiputera", which includes the Malay population, [[Orang Asli]], and the indigenous people of Sabah and Sarawak, who together form a majority of the population. However, the indigenous people of Malaysia (Orang Asli) do not have the same special rights of the rest of the Bumiputera as granted under Article 153, as the Orang Asli are not referenced within the article 153 itself.

<ref>{{Cite book|last1=Mason|first1=Richard|title=The 'Bumiputera Policy': Dynamics and Dilemmas|last2=Omar|first2=Ariffin|publisher=[[Universiti Sains Malaysia]]|year=2004|isbn=|location=Malaysia}}</ref>

(''See also [[Bumiputra]]'') The mean income for Malays, Chinese and Indians in 1957/58 were 134, 288 and 228 respectively. In 1967/68 it was 154, 329 and 245, and in 1970 it was 170, 390 and 300. Mean income disparity ratio for Chinese/Malays rose from 2.1 in 1957/58 to 2.3 in 1970, whereas for Indians/Malays the disparity ratio also rose from 1.7 to 1.8 in the same period.<ref>{{cite journal |last=Perumal |first=M. |year=1989 |title=Economic Growth and Income Inequality in Malaysia, 1957–1984 |journal=Singapore Economic Review |volume=34 |issue=2 |pages=33–46 }}</ref>

==== Sri Lanka ====

In 1981 the [[Policy of standardisation|Standardization policy]] of [[Sri Lanka]]n universities was introduced as an affirmative action program for students from areas which had lower rates of education than other areas due to missionary activity in the north and east, which essentially were the Tamil areas. Successive governments cultivated a historical myth after the colonial powers had left that the British had practised communal favouritism towards Christians and the minority [[Tamil people|Tamil community]] for the entire 200 years they had controlled [[Sri Lanka]]. However, the Sinhalese in fact benefitted from trade and plantation cultivations over the rest of the other groups and their language and culture as well as the religion of Buddhism was fostered and made into mediums for schools over the Tamil language, which did not have the same treatment and Tamils learned English instead as there was no medium for Tamil until near independence. Tamils' knowledge of English and education came from the very American missionary activity by overseas Christians that the British were concerned will anger the Sinhalese and destroy their trading relationships, so they sent them to the Tamil areas instead to teach, thinking it would have no consequences and due to their small numbers. The British sending the missionaries to the north and east was for the protection of the Sinhalese and in fact, showed favouritism to the majority group instead of the minorities to maintain trading relationships and benefits from them. The Tamils, out of this random benefit from learning English and basic education excelled and flourished and were able to take many civil service jobs to the chagrin of the Sinhalese. The myth of Divide and Rule is untrue. The 'policy of standardisation' was typical of affirmative action policies, in that it required drastically lower standards for Sinhalese students than for the more academic Tamils who had to get about ten more marks to enter into universities. The policy in fact is an example of discrimination against the Tamil ethnic group.<ref>{{cite web|url=http://sangam.org/british-divide-rule-ceylon/ |title=Did the British Divide & Rule Ceylon? &#124; Ilankai Tamil Sangam |publisher=Sangam.org |access-date=1 September 2013}}</ref>

====Taiwan====

A 2004 legislation requires that, for a firm with 100 employees or more wishing to compete for government contracts, at least 1 percent of its employees must be [[Taiwanese aborigines]].<ref>{{cite web|url=http://minorityrights.org/minorities/indigenous-peoples-7/|title=Taiwan: Indigenous peoples |website = Minority Rights Group International|date=19 June 2015 }}</ref> Ministry of Education and [[Council of Indigenous Peoples|Council of Aboriginal Affairs]] announced in 2002 that Taiwanese Aboriginal students would have their high-school or undergraduate entrance exams boosted by 33% for demonstrating some knowledge of their tribal language and culture.<ref name="HolsingerJacob2009">{{cite book|author1=Donald B. Holsinger|author2=W. James Jacob |title=Inequality in Education: Comparative and International Perspectives|url= https://books.google.com/books?id=-lIGaO2-aq4C&pg=PA295 |date=29 May 2009|publisher=Springer Science & Business Media|isbn=978-90-481-2652-1|page=295}}</ref> The percentage of boost have been revised several times, and the latest percentage is 35% in 2013.<ref>{{Cite web | url= http://law.moj.gov.tw/LawClass/LawOldVer.aspx?Pcode=H0020031&LNNDATE=20130819&LSER=001 | title=原住民學生升學保障及原住民公費留學辦法(民國 102 年08月19 日 )|trans-title=Aboriginal Students Enrollment Guarantee and Public Funding for Aboriginal Study Abroad Act | publisher=[[Ministry of Justice (Taiwan)]] | language=zh}}</ref>

===Europe===

==== Denmark ====

Greenlanders have special advantages when applying for university, college or vocation university degrees in Denmark. With these specific rules, Greenlanders can get into degrees without the required grade averages by fulfilling certain criteria. They need to have a grade average of over 6,0 and have lived a certain number of years in Greenland. These rules have been in force since 1 January 2014.<ref>{{Cite web|last=lok|title=Optagelse af grønlandske ansøgere — Uddannelses- og Forskningsministeriet|url=https://ufm.dk/uddannelse/videregaende-uddannelse/sogning-optag-og-vejledning/optagelse/optagelse-af-gronlandske-ansogere|access-date=2020-08-29|website=ufm.dk|language=da}}</ref>

==== Finland ====

In certain university education programs, including legal and medical education, there are quotas for persons who reach a certain standard of skills in the [[Swedish language]]; for students admitted in these quotas, the education is partially arranged in Swedish.<ref name="Helsinki med">{{cite web|title=Hakuopas 2011. Lääketieteen ja hammaslääketieteen opiskelijavalinnat |url=http://www.med.helsinki.fi/peruskoulutus/docs/opiskelijaksi/hakuopas_2011.pdf |publisher=Faculty of Medicine, University of Helsinki |access-date=4 June 2011 |language=fi |year=2011 |url-status=dead |archive-url=https://web.archive.org/web/20111002143806/http://www.med.helsinki.fi/peruskoulutus/docs/opiskelijaksi/hakuopas_2011.pdf |archive-date=2 October 2011 }}</ref><ref name="Helsinki law">{{cite web|title=Oikeustieteellinen tiedekunta. Hakuopas 2011|url=http://www.helsinki.fi/oikeustiede/opiskelijaksi/valintakokeet/2011/hakuopas_2011.pdf|publisher=Faculty of Law, University of Helsinki|access-date=4 June 2011|page=3|language=fi|year=2011}}</ref> The purpose of the quotas is to guarantee that a sufficient number of professionals with skills in Swedish are educated for nationwide needs.<ref name="Helsinki med" /> The quota system has met with criticism from the Finnish speaking majority, some of whom consider the system unfair. In addition to these linguistic quotas, women may get preferential treatment in recruitment for certain public sector jobs if there is a gender imbalance in the field.

==== France ====

No distinctions based on race, religion or sex are allowed under the 1958 [[French Constitution]].<ref>{{cite web|author=Jonathan D. Mott, PhD |url=http://thisnation.com/library/france.html |title=The French Constitution of 1958 and its Amendments |publisher=Thisnation.com |date=7 February 1992 |access-date=28 April 2014}}</ref> Since the 1980s, a French version of affirmative action based on neighborhood is in place for primary and secondary education. Some schools, in neighborhoods labeled "Priority Education Zones", are granted more funds than the others. Students from these schools also benefit from special policies in certain institutions (such as [[Sciences Po]]).<ref>{{Cite journal | doi=10.3989/chdj.2015.016|title = Esencia colonial de una política contemporánea: Por un enfoque fanoniano de la discriminación positiva en Francia| journal=Culture & History Digital Journal| volume=4| issue=2| pages=e016|year = 2015|last1 = Ghorbal|first1 = Karim| doi-access=free}}</ref>

Additionally, following the Norwegian example, after 27 January 2014, women must represent at least 20% of board members in all stock exchange listed or state-owned companies. After 27 January 2017, the proportion will increase to 40%. All appointments of males as directors will be invalid as long as the quota is not met, and monetary penalties may apply for other directors.<ref>{{cite web|url=http://www.vie-publique.fr/actualite/panorama/texte-discussion/proposition-loi-relative-representation-equilibree-femmes-hommes-au-sein-conseils-administration-surveillance-egalite-professionnelle.html |title=Vie Publique |publisher=Vie-publique.fr |date=25 June 2002 |access-date=11 April 2012}}</ref>

==== Germany ====

Article 3 of the [[Basic Law for the Federal Republic of Germany|German Basic Law]] provides for equal rights of all people regardless of sex, race or social background. There are programs stating that if men and women have equal qualifications, women have to be preferred for a job; moreover, the disabled should be preferred to non-disabled people. This is typical for all positions in state and university service {{as of|2007|lc=y}}, typically using the phrase "We try to increase diversity in this line of work". In recent years, there has been a long public debate about whether to issue programs that would grant women a privileged access to jobs in order to fight discrimination. Germany's ''[[The Left (Germany)|Left Party]]'' brought up the discussion about affirmative action in [[Education in Germany|Germany's school system]]. According to [[Stefan Zillich]], quotas should be "a possibility" to help working class children who did not do well in school gain access to a ''[[Gymnasium (Germany)|Gymnasium]]'' (University-preparatory school).<ref>Susanne Vieth-Entus (29. December 2008): "Sozialquote: Berliner Gymnasien sollen mehr Schüler aus armen Familien aufnehmen". Der Tagesspiegel</ref> Headmasters of ''Gymnasien'' have objected, saying that this type of policy would "be a disservice" to poor children.<ref>Martin Klesmann (23 February 2009). "'Kinder aus Neukölln würden sich nicht integrieren lassen' – Ein Politiker und ein Schulleiter streiten über Sozialquoten an Gymnasien". Berliner Zeitung</ref>

==== Norway ====

In all [[Allmennaksjeselskap|public stock companies (ASA)]] boards, either gender should be represented by at least 40%.<ref>{{cite web|url=http://www.lovdata.no/all/tl-19970613-045-032.html#6-3 |title=LOV-1997-06-13-45 Lov om allmennaksjeselskaper (allmennaksjeloven) |publisher=Lovdata.no |access-date=29 July 2010}}</ref> This affects roughly 400 companies of over 300,000 in total.<ref>{{cite web|url=http://www.nettavisen.no/nyheter/27-000-flere-bedrifter-i-norge/1874337.html |title=27.000 flere bedrifter i Norge |date=27 May 2004 |publisher=nettavisen.no |access-date=31 May 2015}}</ref>

A 2016 study found no effect of the ASA representation requirement on either valuation or profits of the affected companies, and also no correlation between the requirement and the restructuring of companies away from ASA.<ref>{{cite web|url=https://e24.no/makro-og-politikk/norges-handelshoeyskole/studie-kjoennskvotering-ingen-effekt-paa-loennsomhet/23783217 |title=Studie: Kjønnskvotering ingen effekt på lønnsomhet |publisher=e24.no |access-date=5 June 2018}}</ref><ref>{{cite journal|last1=Eckbo|first1=Espen|last2=Nygaard|first2=Knut|last3=Thorburn|first3=Karin|title=How Costly Is Forced Gender-Balancing of Corporate Boards?|journal=European Corporate Governance Institute (ECGI) – Finance Working Paper No. 463/2016; Tuck School of Business Working Paper No. 2746786|date=26 December 2016|doi=10.2139/ssrn.2746786|s2cid=211708386}}</ref>

==== Romania ====

[[Romani people]] are allocated quotas for access to public schools and state universities.<ref>{{cite web|url=http://www.mmuncii.ro/old/ro/domenii-politici-familiale-incluziune-si-asistenta-sociala-romii---progrese-inregistrate-in-romania-in-perioada-2007---2008-540-view.html |title=Romii – PROGRESE ÎNREGISTRATE ÎN ROMÂNIA ÎN PERIOADA 2007–2008 |access-date=30 January 2013 }}{{dead link|date=June 2016|bot=medic}}{{cbignore|bot=medic}}</ref>

==== Russia ====

Quota systems existed in the [[USSR]] for various social groups including [[ethnic minorities]] (as compensation of their "[[cultural backwardness]]"), women and factory workers.

Modern Russia retains this system partially. Quotas are abolished, but preferences for some ethnic minorities and inhabitants of certain territories remain.<ref>{{cite web|url=http://sakhapress.ru/archives/207211|title=Представители коренных малочисленных народов Севера имеют право получить бесплатную юридическую помощь|date=18 February 2016}}</ref>

==== Serbia ====

The Constitution of the Republic of Serbia from 2006 established the principles of equality and the prohibition of discrimination on any grounds. It also promotes affirmative action "special measures" for certain marginalized groups, such as national minorities.<ref>[https://advokatiubeogradu.rs/legislation/constitution-of-the-republic-of-serbia.pdf Constitution of The Republic of Serbia] (Constitution of The Republic of Serbia), 2006.</ref> In Serbia the Roma national minority is enabled to enroll in public schools under more favorable conditions.<ref>[http://www.upis.mpn.gov.rs/Cir/Pravilnici Pravilnik ministarstva prosvete o upisu u srednje škole] {{Webarchive|url=https://web.archive.org/web/20200806034147/http://www.upis.mpn.gov.rs/Cir/Pravilnici |date=6 August 2020 }} (Regulation of the Ministry of Education on enrollment in secondary schools), 2021.</ref>

==== Slovakia ====

The [[Constitutional Court of Slovakia|Constitutional Court]] declared in October 2005 that affirmative action i.e. "providing advantages for people of an ethnic or racial minority group" as being against its [[Constitution of Slovakia|Constitution]].<ref>{{cite web|last=Goldirova |first=Renata |url=http://euobserver.com/9/20123 |title=Slovakia bans positive discrimination |publisher=Euobserver.com |access-date=11 April 2012}}</ref>

==== United Kingdom ====

The [[Equality Act 2010]] established the principles of equality and their implementation in the UK.<ref>{{cite web|url=http://www.legislation.gov.uk/ukpga/2010/15 |title=Equality Act 2010 |publisher=Legislation.gov.uk |access-date=11 April 2012}}</ref> In the UK, any discrimination, quotas or favouritism due to sex, race and ethnicity among other "protected characteristics" is illegal by default in education, employment, during commercial transactions, in a private club or association, and while using public services,<ref name="cre"/><ref name=govuk/><ref name="personneltoday.com"/> although exceptions exist, to wit: "Section 159 of the Equality Act 2010 allows an employer to treat an applicant or employee with a protected characteristic (eg race, sex or age) more favourably in connection with recruitment or promotion than someone without that characteristic who is as qualified for the role. The employer must reasonably think that people with the protected characteristic suffer a disadvantage or are under-represented in that particular activity. Taking the [[positive action]] must be a proportionate means of enabling or encouraging people to overcome the disadvantage or to take part in the activity.")<ref name="xperthr.co.uk"/>

Specific exemptions include:

* Part of the [[Northern Ireland Peace Process]], the [[Good Friday Agreement]] and the resulting [[Patten report]] required the [[Police Service of Northern Ireland]] to recruit 50% of numbers from the [[Catholic Church|Catholic]] community and 50% from the [[Protestantism|Protestant]] and [[Ethnic minorities in Northern Ireland|other communities]], in order to reduce any possible bias towards Protestants. This was later referred to as the '50:50' measure.<ref>{{cite news|url=http://news.bbc.co.uk/1/hi/northern_ireland/1540861.stm |title= Police recruitment 'will be 50:50' |work=BBC News |date=12 September 2001 }}</ref> (See also [[Independent Commission on Policing for Northern Ireland]].)

* The [[Sex Discrimination (Election Candidates) Act 2002]] allowed the use of [[all-women shortlists]] to select more women as election candidates.<ref>{{Cite book|url=http://www.parliament.uk/documents/commons/lib/research/briefings/snpc-05057.pdf|title=All-women shortlists|publisher=House of Commons Library|id=SN/PC/05057|date=29 April 2009|author=Richard Kelly and Isobel White|access-date=23 June 2009}}</ref>

In 2019, an [[employment tribunal]] ruled that, while attempting to create a diverse force, the Cheshire Police had discriminated against a "well prepared" white heterosexual male. The ruling stated that "while positive action can be used to boost diversity, it should only be applied to distinguish between candidates who were all equally well qualified for a role".<ref>{{Cite news | url=http://www.bbc.co.uk/news/uk-england-merseyside-47335859 |title = Force discriminated against white male|work = BBC News|date = 22 February 2019}}</ref>

=== North America ===

==== Canada ====

{{Further|Employment equity (Canada)|Federal Contractors' Program}}

The Canadian ''[[Employment Equity Act]]'' requires employers in federally-regulated industries to give preferential treatment to four designated groups: Women, persons with disabilities, aboriginal peoples, and [[visible minorities]]. Less than one-third of Canadian Universities offer alternative admission requirements for students of aboriginal descent. Some provinces and territories also have affirmative action-type policies. For example, in the [[Northwest Territories]] in the Canadian north, aboriginal people are given preference for jobs and education and are considered to have P1 status. Non-aboriginal people who were born in the NWT or have resided half of their life there are considered a P2, as well as women and people with disabilities.<ref>{{cite web|url=http://www.hr.gov.nt.ca/employment/affirmativeaction/ |archive-url=https://archive.today/20120803122042/http://www.hr.gov.nt.ca/employment/affirmativeaction/ |url-status=dead |archive-date=3 August 2012 |title=GNWT – Human Resources – Affirmative Action |publisher=Hr.gov.nt.ca |date=3 April 2012 |access-date=11 April 2012}}</ref>

====United States====

{{Main|Affirmative action in the United States}}

| publisher = U.S. Equal Employment Opportunity Commission

| title = Executive Order 10925 – Establishing The President's Committee on Equal Employment Opportunity

Affirmative action has been the subject of numerous court cases,<ref name="indystar.com">[http://www.indystar.com/apps/pbcs.dll/article?AID=/20080205/LOCAL/80205048 Indy fire-fighters sue city, charge bias; also see] [[Norma M. Riccucci]]. Managing Diversity in Public Sector Workforces. Boulder, CO: Westview Press, 2002</ref> and has been questioned upon its [[United States Constitution|constitutional]] legitimacy. In 2003, a Supreme Court decision regarding affirmative action in higher education (''[[Grutter v. Bollinger]]'', 539 US 244 – Supreme Court 2003) permitted educational institutions to consider race as a factor when admitting students.<ref name="Supct.law.cornell.edu"/> Alternatively, some colleges use financial criteria to attract racial groups that have typically been under-represented and typically have lower living conditions. Some states such as California ([[California Civil Rights Initiative]]), Michigan ([[Michigan Civil Rights Initiative]]), and Washington ([[Initiative 200]]) have passed constitutional amendments banning public institutions, including public schools, from practicing affirmative action within their respective states. In 2014, the U.S. Supreme Court held that "States may choose to prohibit the consideration of racial preferences in governmental decisions". By that time eight states, Oklahoma, New Hampshire, Arizona, Colorado, Nebraska, Michigan, Florida, Washington and California, had already banned affirmative action.<ref name=pew>{{cite web |last1=DeSilver |first1=Drew |title=Supreme Court says states can ban affirmative action; 8 already have |url=https://www.pewresearch.org/fact-tank/2014/04/22/supreme-court-says-states-can-ban-affirmative-action-8-already-have/ |website=Pew Research Center |publisher=The Pew Charitable Trusts |access-date=24 October 2021 |date=22 April 2014}}</ref> Conservative activists have alleged that colleges quietly use illegal quotas to discriminate against people of Asian, Jewish, and Caucasian backgrounds and have launched numerous lawsuits to stop them.<ref>{{cite book|author=Steven M. Teles|title=The Rise of the Conservative Legal Movement: The Battle for Control of the Law|url=https://books.google.com/books?id=MTps-NK20jAC&pg=PA235|year=2010|publisher=Princeton University Press|pages=235–37|isbn=978-1400829699}}</ref>

=== Oceania ===

==== New Zealand ====

{{expand section|Role of the [[Treaty of Waitangi]]|date=August 2021}}

Individuals of [[Māori people|Maori]] or other [[Polynesia]]n descent are often afforded improved access to university courses, or have scholarships earmarked specifically for them. Such access to University courses have in the past faced criticism, particularly at the University of Auckland due to a phenomenon known as Mismatch theory, accusations of setting the kids up to fail have been made due to a lack of transparency as to the preferred groups graduation rates and the university informing the students of such historical statistics dating back to the 1970s.<ref>Sowell, T. (1990). Preferential policies: An international perspective. William Morrow and Company.</ref><ref name=cre>{{cite web|title=Affirmative action around the world|url=http://www.catalystmagazine.org/Default.aspx.LocID-0hgnew0l0.RefLocID-0hg01b001006009.Lang-EN.htm|work=Catalyst|publisher=Commission for Racial Equality|author=Commission for Racial Equality|author-link=Commission for Racial Equality|archive-url=https://web.archive.org/web/20070125034907/http://www.catalystmagazine.org/Default.aspx.LocID-0hgnew0l0.RefLocID-0hg01b001006009.Lang-EN.htm|archive-date=25 January 2007|date=29 September 2006}} [http://www.juliushonnor.com/catalyst/Default.aspx.LocID-0hgnew0l0.RefLocID-0hg01b001006009.Lang-EN.htm Alt URL] {{Webarchive|url=https://web.archive.org/web/20161014071745/http://www.juliushonnor.com/catalyst/Default.aspx.LocID-0hgnew0l0.RefLocID-0hg01b001006009.Lang-EN.htm |date=14 October 2016 }}</ref> Affirmative action is provided for under section 73 of the [[Human Rights Act 1993]]<ref>{{cite web|url=http://www.legislation.govt.nz/act/public/1993/0082/latest/DLM304672.html |title=Human Rights Act 1993 No 82 (as of 1 July 2013), Public Act 73 Measures to ensure equality – New Zealand Legislation |publisher=Legislation.govt.nz |date=1 July 2013 |access-date=1 September 2013}}</ref> and section 19(2) of the New Zealand [[Bill of Rights Act 1990]].<ref>{{cite web|url=http://www.legislation.govt.nz/act/public/1990/0109/latest/DLM225519.html |title=New Zealand Bill of Rights Act 1990 No 109 (as of 1 July 2013), Public Act 19 Freedom from discrimination – New Zealand Legislation |publisher=Legislation.govt.nz |date=1 July 2013 |access-date=1 September 2013}}</ref>

=== South America ===

====Brazil====

{{Further|Vestibular exam#Racial quotas}}

Some Brazilian universities (state and federal) have created systems of preferred admissions (quotas) for racial minorities (blacks and Amerindians), the poor and people with disabilities. There are also quotas of up to 20% of vacancies reserved for people with disabilities in the civil public services.<ref>{{cite web|last =Plummer|first= Robert|url = http://news.bbc.co.uk/2/hi/americas/5357842.stm |title = Black Brazil Seeks a Better Future|work = BBC News|location = São Paulo|date= 25 September 2006}}</ref> The [[Democrats (Brazil)|Democrats]] party, accusing the board of directors of the [[University of Brasília]] for "resurrecting Nazist ideals", appealed to the [[Supreme Federal Court]] against the [[constitutionality]] of the quotas the university reserves for minorities.<ref>{{cite web|author=Por Rodrigo Haidar e Filipe Coutinho |url=http://www.conjur.com.br/2009-jul-20/dem-unb-ressuscitou-ideais-nazistas-suspensao-matriculas |title=DEM entra com ADPF contra cotas raciais |language=pt |publisher= Conjur.com.br |access-date=11 April 2012}}</ref> The Supreme Court unanimously approved their constitutionality on 26 April 2012.<ref>{{cite web | author= Débora Santos |url =http://g1.globo.com/vestibular-e-educacao/noticia/2012/04/stf-decide-por-unanimidade-pela-constitucionalidade-das-cotas-raciais.html | title=Supremo decide pro unanimidade pela constiucionalidade das cotas |language=pt| publisher=g1.globo.com | access-date=3 June 2012|date =26 April 2012 }}</ref>

== International organizations ==

=== United Nations ===

The International [[Convention on the Elimination of All Forms of Racial Discrimination]] stipulates (in Article 2.2) that affirmative action programs may be required of countries that ratified the convention, in order to rectify systematic discrimination. It states, however, that such programs "shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved".<ref name="unhchr.ch">United Nations Committee on Human Rights, [http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/3888b0541f8501c9c12563ed004b8d0e?Opendocument General Comment 18 on Non-discrimination, Paragraph 10]</ref>

The [[United Nations Human Rights Committee]] states that "the principle of equality sometimes requires States parties to take affirmative action in order to diminish or eliminate conditions which cause or help to perpetuate discrimination prohibited by the Covenant. For example, in a State where the general conditions of a certain part of the population prevent or impair their enjoyment of human rights, the State should take specific action to correct those conditions. Such action may involve granting for a time to the part of the population concerned certain preferential treatment in specific matters as compared with the rest of the population. However, as long as such action is needed to correct discrimination, in fact, it is a case of legitimate differentiation under the Covenant."<ref name="unhchr.ch"/>

==Support==

The principle of affirmative action is to promote societal equality through the preferential treatment of socioeconomically disadvantaged people. Often, these people are disadvantaged for historical reasons, such as oppression or slavery.<ref name="Christophe Jaffrelot pg. 321">Christophe Jaffrelot, India's Silent Revolution: The rise of lower castes in northern India, p. 321. 2003</ref>

A 2017 study of temporary federal affirmative action regulation in the United States estimated that the regulation "increases the black share of employees over time: in 5 years after an establishment is first regulated, the black share of employees increases by an average of 0.8 percentage points. Strikingly, the black share continues to grow at a similar pace even after an establishment is deregulated. [The author] argue[s] that this persistence is driven in part by affirmative action inducing employers to improve their methods for screening potential hires."<ref>{{Cite journal|title=The Persistent Effect of Temporary Affirmative Action|journal=American Economic Journal: Applied Economics|volume=9|issue=3|pages=152–190|doi=10.1257/app.20160121|year=2017|last1=Miller|first1=Conrad|doi-access=free}}</ref>

===Polls===

{{Globalize|section|USA|2name=the United States|date=May 2010}}

A 2014 [[Pew Research Center]] poll found that 63% of Americans thought affirmative action programs aimed at increasing minority representation on college campuses were "a good thing", compared to 30% who thought they were "a bad thing".<ref>{{Cite web |url=http://www.pewresearch.org/fact-tank/2014/04/22/public-strongly-backs-affirmative-action-programs-on-campus/ |title=Public strongly backs affirmative action programs on campus |last=Drake |first=Bruce |website=Pew Research Center |date=22 April 2014 |access-date=16 March 2017}}</ref> The following year, [[Gallup (company)|Gallup]] released a poll showing that 67% of Americans supported affirmative action programs aimed at increasing female representation, compared to 58% who supported such programs aimed at increasing the representation of racial minorities.<ref name=":1">{{Cite web |url=http://www.gallup.com/poll/184772/higher-support-gender-affirmative-action-race.aspx |title=Higher Support for Gender Affirmative Action Than Race |last=Riffkin |first=Rebecca |website=Gallup |date=26 August 2015 |access-date=16 March 2017}}</ref>

== Criticism ==

{{See also|Affirmative action in the United States#Arguments against affirmative action|Resistance to diversity efforts in organizations}}

Another criticism of affirmative action is that it may reduce the incentives of both the preferred and non-preferred to perform at their best. Beneficiaries of affirmative action may conclude that it is unnecessary to work as hard, and those who do not benefit may perceive hard work as futile.<ref name=sowell/>

=== Mismatching ===

Evidence in support of the mismatching theory was presented by [[Gail Heriot]], a professor of law at the [[University of San Diego]] and a member of the [[U.S. Commission on Civil Rights]], in a 24 August 2007 article published in ''[[The Wall Street Journal]]''. [[Richard Sander]] concluded that there were 7.9% fewer black attorneys than there would have been if there had been no affirmative action.<ref>{{cite news |last1=Heriot |first1=Gail |title=Affirmative Action Backfires |url=https://www.wsj.com/articles/SB118792252575507571 |work=Wall Street Journal |date=24 August 2007 }}</ref> The article also states that because of mismatching, blacks are more likely to drop out of law school and fail bar exams.<ref name=Sander>{{cite journal |last1=Sander |first1=Richard H. |title=A Systemic Analysis of Affirmative Action in American Law Schools |journal=Stanford Law Review |date=2004 |volume=57 |issue=2 |pages=367–483 |url=https://www.stanfordlawreview.org/wp-content/uploads/sites/3/2010/01/Sander.pdf |jstor=40040209 }}</ref>

A 2016 study on affirmative action in India finds evidence for the mismatching hypothesis.<ref>{{cite journal |last1=Bagde |first1=Surendrakumar |last2=Epple |first2=Dennis |last3=Taylor |first3=Lowell |title=Does Affirmative Action Work? Caste, Gender, College Quality, and Academic Success in India |journal=American Economic Review |date=1 June 2016 |volume=106 |issue=6 |pages=1495–1521 |doi=10.1257/aer.20140783 |url=https://www.aeaweb.org/articles/attachments?retrieve=_ipe5iZhjGakTC0SaPxwDx2piOS0fkOa }}</ref> In India 90% IIT-Roorkee dropouts are members of a [[Other Backward Class|backward caste]].<ref>{{Cite web | url=https://www.firstpost.com/india/90-percent-of-iit-roorkee-dropouts-are-backward-caste-a-case-against-affirmative-action-2379964.html | title=90% IIT-Roorkee dropouts are backward caste: A case against affirmative action?| date=6 August 2015}}</ref>

==See also==

{{div col|colwidth=28em}}

* [[Substantive equality]]

{{div col end}}

==References==

{{Reflist}}

==Further reading==

* {{Cite journal | last = Anderson | first = Elizabeth S. | author-link = Elizabeth S. Anderson | title = Integration, affirmative action, and strict scrutiny | journal = [[New York University Law Review|NYU Law Review]] | volume = 77 | pages = 1195–271 | year = 2002 | url = http://www.nyulawreview.org/issues/volume-77-number-5/integration-affirmative-action-and-strict-scrutiny | ref = none }} [https://web.archive.org/web/20150402131822/http://www.nyulawreview.org/sites/default/files/pdf/NYULawReview-77-5-Anderson.pdf Pdf.]

* {{Cite journal | last = Harpalani | first = Vinay | title = Diversity within racial groups and the constitutionality of race-conscious admissions | journal = [[University of Pennsylvania Journal of Constitutional Law]] | volume = 15 | issue = 2 | pages = 463–537 | date = November 2012 | url = http://scholarship.law.upenn.edu/jcl/vol15/iss2/3/ | ref = none }}

* {{Cite journal | last = Harpalani | first = Vinay | title = Fisher's fishing expedition | journal = [[University of Pennsylvania Journal of Constitutional Law]] | volume = 15 | issue = 1 | pages = 57–74 | date = February 2013 | url = http://scholarship.law.upenn.edu/jcl_online/vol15/iss1/5/ | ref = none }} [https://www.law.upenn.edu/live/files/1687-harpalani15upajconstlheightscrutiny572013pdf Pdf.]

*Stohler, Stephan (2021). "[[doi:10.1086/712211|Untangling the Partisan Roots of Affirmative Action]]". ''Polity''. '''53''' (1): 41–74.

* {{Cite journal | last = Pollak | first = Oliver B. | title = Antisemitism, the Harvard Plan, and the roots of reverse discrimination | journal = Jewish Social Studies | volume = 45 | issue = 2 | pages = 113–22 | date = 1983 | jstor = 4467214 | ref = none }}

* {{cite book | last = Vieth-Entus | first = Susanne | title = Sozialquote: Berliner Gymnasien sollen mehr Schüler aus armen Familien aufnehmen | date = 29 December 2008 }} Der Tagesspiegel

==External links==

{{Commons category}}

* [https://web.archive.org/web/20070615173751/http://www.minorityrights.org/admin/Download/pdf/MRG_RomaBriefing2006.pdf Substantive Equality, Positive Action and Roma Rights in the European Union], Report by Minority Rights Group International

* [[Intelligence Squared]] debate: [http://intelligencesquaredus.org/debates/past-debates/item/1054-affirmative-action-on-campus-does-more-harm-than-good Affirmative Action on Campus Does More Harm than Good] {{Webarchive|url=https://web.archive.org/web/20160723005625/http://intelligencesquaredus.org/debates/past-debates/item/1054-affirmative-action-on-campus-does-more-harm-than-good |date=23 July 2016 }}

{{Employment}}

{{Authority control}}

{{DEFAULTSORT:Affirmative Action}}