Racial quota

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Racial quotas in employment and education are numerical requirements for hiring, promoting, admitting and/or graduating members of a particular racial group. Racial quotas are often established as means of diminishing racial discrimination, addressing under-representation and evident racism against those racial groups or, the opposite, against the disadvantaged majority group (see numerus clausus or bhumiputra systems).

It has been argued that such quotas are a form of racial discrimination.

These quotas may be determined by governmental authority and backed by governmental sanctions. When the total number of jobs or enrollment slots is fixed, this proportion may get translated to a specific number.

Regions and nations[edit]

Ancient China[edit]

The Mongols divided different races into a four-class caste system during the Yuan dynasty.

The Mongol Emperor Kublai Khan had introduced a hierarchy of reliability by dividing the population of the Yuan Dynasty into the following classes:

  • Mongols
  • Semuren, immigrants from the west and some clans of Central Asia (Muslims, Christians, Jews, Buddhists)
  • North Chinese, Kitans, Jurchens and Koreans
  • Southerners, or all subjects of the former Song Dynasty

Several laws enforcing racial segregation of foreigners were passed during the Tang Dynasty. In 779 AD, Tang dynasty issued an Edict which forced Uighurs to wear their ethnic dress, and restricted them from marrying Chinese.

In 836 AD Lu Chun was appointed as governor of Canton, he was disgusted to find Chinese living with foreigners and intermarriage. Lu enforced separation, banning interracial marriages, and restricting foreigners to own properties.[1] The 836 law specifically banned Chinese from forming relationships with "Dark peoples" or "People of colour", terms referring to foreigners, such as "Iranians, Sogdians, Arabs, Indians, Malays, Sumatrans", etc.[2][3]

France[edit]

By 1935, the French government enacted a series of racial quotas on certain professions.[4]

Germany[edit]

See Nazi boycott of Jewish businesses.

Malaysia[edit]

See Bumiputera (Malaysia)

United States[edit]

Racial quotas in the United States began to be implemented with government approval already in the 18th century with the Naturalization Act of 1790, which limited naturalization to immigrants who were free White persons of good character.

The National Origins Formula was an American system of immigration quotas, between 1921 and 1965, which restricted immigration on the basis of existing proportions of the population. The goal was to maintain the existing ethnic composition of the United States. It had the effect of giving low quotas to Eastern and Southern Europe.

Such racial quotas were restored after the Civil Rights Act of 1964, especially during the 1970s.[5] Richard Nixon's Labor Secretary George P. Schultz demanded that anti-black construction unions allow a certain number of black people into the unions.[5] The Department of Labor began enforcing these quotas across the country.[5] After a Supreme Court case, Griggs v. Duke Power Company, found that neutral application tests and procedures that still resulted in de facto segregation of employees (if previous discrimination had existed) were illegal, more companies began implementing quotas on their own.[5]

In a 1973 court case, a federal judge created one of the first mandated quotas when he ruled that half of the Bridgeport, Connecticut Police Department's new employees must be either black or Puerto Rican.[5] In 1974, the Department of Justice and the United Steelworkers of America came to an agreement on the largest-to-then quota program, for steel unions.[5]

In 1978, the Supreme Court ruled in Regents of the University of California v. Bakke that public universities (and other government institutions) could not set specific numerical targets based on race for admissions or employment.[5] The Court said that "goals" and "timetables" for diversity could be set instead.[5] A 1979 Supreme Court case, United Steelworkers v. Weber, found that private employers could set rigid numerical quotas, if they chose to do so.[5] In 1980, the Supreme Court found that a 10% racial quota for federal contractors was permitted.[5]

Then in 1991, President George H. W. Bush made an attempt to abolish affirmative action altogether, maintaining that “any regulation, rule, enforcement practice or other aspect of these programs that mandates, encourages, or otherwise involves the use of quotas, preferences, set-asides or other devices on the basis of race, sex, religion or national origin are to be terminated as soon as is legally feasible." [6] This claim led up to the creation of the Civil Rights Act of 1991, however the document was not able to implement these changes. It only covered the terms for settling cases where discrimination has been confirmed to have occurred.[7]

Opposition[edit]

See also: Meritocracy and Equality before the law
Students protesting against racial quotas in Brasília, Brazil. The sign reads: "Want an opening? Pass the Vestibular (entry exam)!"

Opponents of quotas object that one group is favored at the expense of another whenever a quota is invoked rather than factors such as grade point averages or test scores. They argue that using quotas displaces individuals that would normally be favored based on their individual achievements. Opponents of racial quotas believe that qualifications should be the only determining factor when competing for a job or admission to a school. It is argued this causes "reverse discrimination"[8] where individuals in the majority to lose out to a minority. Another critique of racial quotas is the process of reevaluating quota percentages after changes of racial ratios in a society[citation needed].

Alternatives[edit]

Advocates of affirmative action programs often deny that these programs involve quotas[citation needed], although some openly do, such as the admission program of the Universidade Federal do Rio Grande do Sul.[9] Advocates may regard the term "racial quotas" as particularly divisive in that it is assumed to be backed by the force of law to enable or disable certain linked programs or benefits based solely upon attainment of the one quota measure[citation needed].[clarification needed]

The law student organization Building a Better Legal Profession has developed a method to encourage politically liberal students to avoid law firms whose racial makeup is markedly different than that of the population as a whole. In an October 2007 press conference reported in The Wall Street Journal,[10] and the New York Times [11] the group released data publicizing the numbers of African-Americans, Hispanics, and Asian-Americans at America's top law firms. The group has sent information to top law schools around the country, encouraging students who agree with this viewpoint to take the demographic data into account when choosing where to work after graduation.[12] As more students choose where to work based on the firms' diversity rankings, firms face an increasing market pressure to change theirs.[13]

See also[edit]

Examples:

Related:

References[edit]

  1. ^ Edward H. Schafer (1963). The golden peaches of Samarkand: a study of Tʻang exotics. University of California Press. p. 22. ISBN 0-520-05462-8. Retrieved 2010-06-28. 
  2. ^ Mark Edward Lewis (2009). China's cosmopolitan empire: the Tang dynasty. Harvard University Press. p. 170. ISBN 0-674-03306-X. Retrieved 2010-10-28. 
  3. ^ Jacques Gernet (1996). A history of Chinese civilization. Cambridge University Press. p. 294. ISBN 0-521-49781-7. Retrieved 2010-10-28. 
  4. ^ Tharoor, Ishaan (2015-09-02). "Europe's fear of Muslim refugees echoes rhetoric of 1930s anti-Semitism". The Washington Post. ISSN 0190-8286. Retrieved 2015-11-21. 
  5. ^ a b c d e f g h i j Frum, David (2000). How We Got Here: The '70s. New York, New York: Basic Books. pp. 242–244. ISBN 0-465-04195-7. 
  6. ^ <http://www.lexisnexis.com/hottopics/lnacademic/>
  7. ^ http://finduslaw.com/civil_rights_act_of_1991_pub_l_102_166
  8. ^ http://www.businessdictionary.com/definition/reverse-discrimination.html
  9. ^ Jeter, Jon (June 16, 2003). "Affirmative Action Debate Forces Brazil to Take Look in the Mirror". The Washington Post. 
  10. ^ Amir Efrati, You Say You Want a Big-Law Revolution, Take II, "Wall Street Journal", October 10, 2007.
  11. ^ Adam Liptak, In Students’ Eyes, Look-Alike Lawyers Don’t Make the Grade, New York Times, October 29, 2007, http://www.nytimes.com/2007/10/29/us/29bar.html?em&ex=1193889600&en=4b0cd84261ffe5b4&ei=5087%0A
  12. ^ Henry Weinstein, Big L.A. law firms score low on diversity survey: The numbers of female, black, Latino, Asian and gay partners and associates lag significantly behind their representation in the city's population, according to a study, "Los Angeles Times", October 11, 2007, http://www.latimes.com/news/local/la-me-diversity11oct11,1,661263.story?coll=la-headlines-california
  13. ^ Thomas Adcock and Zusha Elinson, Student Group Grades Firms On Diversity, Pro Bono Work, "New York Law Journal," October 19, 2007, http://www.law.com/jsp/nylj/PubArticleNY.jsp?hubtype=BackPage&id=1192698212305
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