Are Asian Americans Disadvantaged by Affirmative Action?

Asian American communities are clearly split on whether affirmative action in college and university admissions disadvantages Asian American applicants. Add to this the fact that some institutions do not even consider Asian Americans as underrepresented minorities (URM’s) in their employment outreach efforts or student enrollment processes.

Complaints filed with the Department of Education suggest that being Asian American can be a disadvantage at some Ivy League institutions. Take, for example, Michael Wang who had a perfect ACT score and had taken 13 Advanced Placement Courses. Wang filed a complaint with the U.S. Department of Education after not being admitted to Yale, Stanford, and Princeton, alleging discrimination based on race. According to Princeton sociologists Thomas Epenshade and Alexandria Radford’s study of eight selective public and private universities, Asian American applicants at these institutions received a 140 point penalty compared with whites. In the view of commentator Hrishikesh Joshi, since affirmative action addresses historic injustice such as that faced by Asian Americans for generations, it is difficult to understand how this reverse differentiation argument can be applied to Asian Americans when compared to whites. The exclusionary educational treatment of Asian Americans today is reminiscent of the strategies by which elite universities such as Harvard, Yale, and Princeton limited Jewish enrollment beginning in the 1920’s and continuing into the World War II period.

Opposition to affirmative action by Asian Americans includes the complaint filed by the Asian American Coalition for Education (AACE) with the Departments of Education and Justice in May 2016, noting the decrease or flat level in Asian American student representation at Dartmouth, Brown, and Yale over the past twenty years as a result of “holistic” admissions review processes that consider race as one factor among many. In addition, the Project on Fair Representation, a one-person organization run by Edward Blum, a wealthy conservative entrepreneur who initiated the Fisher v. University of Texas lawsuit among other legal challenges, has filed suit against Harvard University based on the alleged differential treatment of Asian Americans. The Harvard suit charges that Harvard has set admissions quotas for Asian American students and subjected them to higher standards than other students as well as to stereotype bias.

So why the sudden interest in Asian Americans as reflected in Blum’s efforts to recruit Asian American students to his cause?

As Alvin Evans and I point out in Affirmative Action at a Crossroads: Fisher and Forward, this move is designed to splinter the interests of ethnic and racial minority groups. In an article in the UCLA Law Review, Nancy Leong underscores the fact that conservatives who oppose affirmative action are misusing Asian Americans to portray the “wrongs” of affirmative action. They have not shown an interest in major issues that impact the well-being of Asian Americans such as fair housing, voting redistricting, and employment opportunities. By characterizing the harm of affirmative action as applying to both whites and Asian Americans, conservatives can mask their underlying opposition to programs that disrupt racial hierarchy through the alleged “harm” of affirmative action. As Leong explains,

affirmative action opponents wish to conscript Asian Americans into their opposition because doing so makes them look less racist.

By contrast, consider the fact that in employment processes for federal contractors under Executive Order 11246 and Chapter 60 of Title 41 of the Federal Code of Regulations, minority groups are considered in aggregate rather than separately. Since all minority groups face forms of oppression historically and up to the present day, this broader grouping of minorities acknowledges the need to address the common barriers faced by minority groups within institutions, agencies, and corporations that receive more than $50,000 in federal contracts and have 50 or more employees.

We know that Asian Americans face significant barriers in their upward mobility. As Jennifer Lee and Min Zhou underscore in their recent book, The Asian American Achievement Paradox, Asian Americans are extremely limited in their representation in leadership positions at the academic department and university administrative level, and make up less than 1 percent of corporate board members, and 2 percent of college presidents. To assert that Asian Americans as a “model minority” do not need assistance in overcoming social and institutional discrimination overlooks the structural, organizational, and behavioral barriers they face as members of an American minority group. In their insightful interview study, The Myth of the Model Minority, Rosalind Chou and Joe Feagin indicate that the subtle and even blatant forms of stereotyping and discrimination faced by Asian Americans is an untold story and represents “a very harmful invisibility (p. 3).” Because Asian Americans lack a constituency, have few public intellectuals, and have failed to organize effectively as a minority resistance group, forms of discriminatory treatment can be exercised without fear of retaliation.

The need for Asian Americans to work collectively with members of other minority groups for racial and social justice is best summed up by Frank Wu, Chancellor of the University of California’s Hastings College of Law:

Add to that the anger over college admissions, which has been portrayed by demagogues as inexorably pitting Asian Americans against African Americans (and Hispanics) — a framing that is as inaccurate as it is inflammatory to all involved — and there is a mess that foreshadows the worst of our changing demographics. It likely confirms the negative perceptions of white observers.

White Women and Affirmative Action: Prime Beneficiaries and Opponents

When it comes to affirmative action, white women occupy a rather peculiar position. White women are the main beneficiaries of affirmative action policies, and also the most likely to sue over them (at least when it comes to education). Today continues the Trouble with White Women series, with a focus on white women and affirmative action.

As Sally Kohn cogently points out, women weren’t even included in the original legislation that attempt to level the playing field in education and employment that we now refer to as “affirmation action”.   (The same policies are known as “employment equity” in Canada and “positive action” in the UK.) The first affirmative action measure in America was an executive order signed by President Kennedy in 1961 requiring that federal contractors “take affirmative action to ensure that applicants are employed, and employees are treated during employment, without regard to their race, creed, color, or national origin.” In 1967, President Johnson amended this, and a subsequent measure included sex, recognizing that women also faced many discriminatory barriers and hurdles to equal opportunity. Meanwhile, the Civil Rights Act of 1964 only included sex in the list of prohibited forms of discrimination because conservative opponents of the legislation hoped that including it would sway moderate members of Congress to withdraw their support for the bill.

My own narrative intersects with affirmative action at key points. I was born in 1961, the year President Kennedy started requiring federal contractors to “take affirmative action.” When I started applying to colleges in Texas in the late 1970s, my father – who claimed Indian heritage – urged me to “check the box” for Native American on my college applications and to pursue student loans based on this (for me) faux-identity. Years later, with PhD in hand, I began the often painful task of getting turned down for a tenure-track job, and being told by a white colleague on the search committee that they “had to give it to the Latina,” who, it was implied, was less qualified than I for the position (more about this in a moment).

So, where’s the evidence that we, as white women, are the main beneficiaries of affirmative action policies? Well, there’s lots of it – but it can be hard to find, as Jennifer Hochschild points out (Affirmative Action as Culture War. In: The Cultural Territories of Race: Black and White Boundaries. edited by Michèle Lamont. Chicago IL and New York: University of Chicago Press and Russell Sage Foundation; 1999. pp. 343-368).  According to the United States Labor Department, the primary beneficiaries of affirmative action are white women. The Department of Labor estimated that 6 million white women workers are in higher occupational classifications today than they would have been without affirmative action policies. This pays off in dividends in the labor force and to (mostly) white men and families. You can see how some of these benefits accrue to white women in the following infographic from the Center for American Progress (from 2012):

White, Black, Latina Women's Income Chart

 (Infographic source)

While people of color, individually and as groups, have been helped by affirmative action, but data and studies suggest that women — white women in particular — have benefited disproportionately from these policies. In many ways, affirmative action has moved white women into a structural position in which they share more in common with white men than they do with black or Latina women.

Another study shows that women made greater gains in employment at companies that do business with the federal government, which are therefore subject to federal affirmative-action requirements, than in other companies — with female employment rising 15.2% at federal contractors but only 2.2% elsewhere. And the women working for federal-contractor companies also held higher positions and were paid better. Again, this data often lumps “all women” together (without distinguishing by race), so it’s a bit of a fuzzy issue.

Even in the private sector, white women have moved in and up at numbers that far eclipse those of people of color. After IBM established its own affirmative-action program, the numbers of women in management positions more than tripled in less than 10 years. Data from subsequent years show that the number of executives of color at IBM also grew, but not nearly at the same rate.
Given these incredible gains by white women, it might seem logical that this demographic would be among the biggest supporters of affirmative action.  This is not the case. At least when it comes to education, it’s white women who have been at the forefront of lawsuits brought to challenge affirmative action.

When Abigail Fisher sued the University of Texas at Austin, she claimed that the University had discriminated against her in the undergraduate admissions process.  As you probably know, this case went all the way to Supreme Court. What you may not know is that post-Bakke (1978), the people suing universities for discrimination in the academic admissions process have been white women: Abigail Fisher (Fisher v. University of Texas); Barbara Grutter (Grutter v. Bollinger); Jennifer Gratz (Gratz v. Bollinger);  and Cheryl Hopwood (Hopwood v. Texas).

Screenshot of Abigail Fisher on CNN

(Image source)

So, what’s up with white women? Why are white women playing the aggrieved party when we – as a protected class – have gained so much from these policies?

Let’s go back to the story I mentioned of the tenure-track job I did not get (one of many, for the record).  I happened to know the Latina woman who was also in competition for this job, and we were identically well-qualified for that job. There was virtually no difference between us as applicants for that position. We’d both taught at that institution as part-time or non-tenure-track faculty, students liked us both, we had the same number of publications at that point (somewhere between zero and one), and we both really, really wanted that job.

She got it, I didn’t, that’s how it goes.  On to the next thing.  (And, as life does with such disappointments, today I’m grateful to have not gotten that job, but I digress…)

The fact that the white person on the search committee made a point of telling me that they “had to give the job to her” is, in my view, a manifestation of color-blind racism.  Part of what he was saying to me was, “if things were fair, if there weren’t affirmative action, you would have had this job.” In a way, he was inviting me to say, later, in the re-telling of this story: “I didn’t get this job because of a Latina….”  This is precisely the form of color-blind racism that Eduardo Bonilla-Silva, Amanda Lewis, and David G. Embrick point out in their work. ( ““I Did Not Get that Job Because of a Black Man…”: The Story Lines and Testimonies of Color-Blind Racism.” In Sociological Forum, vol. 19, no. 4, pp. 555-581, 2004).

I choose to resist such a re-telling of that story because it is not true.  I resist such a re-telling because it supports other untruths about who is deserving, qualified, and should be in leadership positions.  But I know that such resistance is relatively rare among white women. And, I think this is where some of the explanation begins for why it is white women who are suing to challenge affirmative action.

To risk stating the obvious here, I think that what’s happened with Abigail Fisher is that despite her incredibly privileged structural position within the U.S., she still feels aggrieved because her expectation, growing up as a white girl, that she was entitled to an education at the top university in her state even though she didn’t have the grades to qualify.

When confronted with the reality that she didn’t get in to her top school, the explanation that occurred to her is that some person of darker complexion and lesser qualifications had taken her place. Fisher, like so many white women of her generation, believe that their peers who are black and Latina have it “easy” when it comes to getting into college, as if they only had to send in their photograph with their application. Contrast Fisher’s perceived struggle with the #itooam Harvard campaign launched by social media savvy students there about the racial discrimination they face.

Harvard student holds sign

 

What Fisher was asserting in her lawsuit is a stake on the terrain of “racial innocence” because central to her claim, laden though it is with race, is that her denial at the doors to the University of Texas was based on an unfair reliance on race as a criterion for admission. This claim for “racial innocence” is at the heart of the backlash against affirmative action, as Jennifer Pierce has noted in her work (“Racing for innocence”: Whiteness, corporate culture, and the backlash against affirmative action.” Qualitative Sociology 26, no. 1 (2003): 53-70).

The claim on “racial innocence” seems a tenuous one at best for white women as both the prime beneficiaries of affirmative action, and some of its most ardent critics.

I’ll be back next Tuesday with another installment of the Trouble with White Women series, to discuss the recent admonishes to ‘lean in” to corporate feminism.

 >>>> Read next post in series

Transcript for Fisher v. University of Texas

Today, the U.S. Supreme Court heard arguments in the Fisher v. University of Texas case that seeks to overturn the consideration of race in college admissions.  Joe had an excellent post about this case a few days ago, you can read it here.

 

(Abigail Fisher on the steps of the Supreme Court, from here.)

Once the court issues a ruling, we’ll be back with more analysis.  Until then, you can read the transcript for yourself, it’s available for download here (pdf). And, if you’d prefer to have someone else read it for you, and give you updates in a series of cogent 140-character updates, you can read through Jessica Luther’s Twitter timeline (@scATX) here.