11

Comments on Harry Holzer:Comments on Harry Holzer:““The Economic Impacts of The Economic Impacts of

Affirmative Action in the U.S.”Affirmative Action in the U.S.”

Bertil HolmlundBertil HolmlundUppsala UniversityUppsala University

Swedish Economic Council conference on Gender and Swedish Economic Council conference on Gender and Ethnic Discrimination, 30 October 2006Ethnic Discrimination, 30 October 2006

22

What do we know about the What do we know about the effects of affirmative effects of affirmative

action?action? Holzer: Affirmative action in the U.S.Holzer: Affirmative action in the U.S.

improves labor market outcomes for improves labor market outcomes for minority groupsminority groups

causes modest efficiency lossescauses modest efficiency losses has positive external effectshas positive external effects

33

What do we know about the What do we know about the effects of affirmative effects of affirmative

action?action? Holzer: Affirmative action in the U.S.Holzer: Affirmative action in the U.S.

improves labor market outcomes for improves labor market outcomes for minority groupsminority groups

causes modest efficiency lossescauses modest efficiency losses has positive external effectshas positive external effects

Q: Is this assessment a consensus Q: Is this assessment a consensus view?view?

44

Will racial gaps in education Will racial gaps in education erode?erode?

Justice O’Connor (2003): Justice O’Connor (2003): ” ” 25 years from now, the use racial 25 years from now, the use racial

preferences will no longer be necessary”preferences will no longer be necessary” Krueger, Rothstein and Turner (2005): Krueger, Rothstein and Turner (2005):

Projected economic progress will not yield Projected economic progress will not yield nearly as much racial diversity as nearly as much racial diversity as currently obtained with race-sensitive currently obtained with race-sensitive admissionsadmissions

55

Affirmative action in Affirmative action in

Sweden and the U.S.Sweden and the U.S.

Differences and Differences and

similaritiessimilarities

66

77

88

Affirmative action in Swedish Affirmative action in Swedish academiaacademia

The Tham chairs (Tham-The Tham chairs (Tham-professurerna)professurerna) 1995: chairs reserved for 1995: chairs reserved for

underrepresented sexunderrepresented sex

Uppsala University late 1990sUppsala University late 1990s Trial period with affirmative action in Trial period with affirmative action in

recruitments of assistant professorsrecruitments of assistant professors

99

Affirmative action in Swedish Affirmative action in Swedish academia, cont.academia, cont.

Uppsala University 2003Uppsala University 2003 Preferential treatment of applicants to law Preferential treatment of applicants to law

school who had a foreign backgroundschool who had a foreign background Örebro/KarlstadÖrebro/Karlstad

Preferential admission of males in nursing Preferential admission of males in nursing schoolsschools

Umeå UniversityUmeå University Preferential admission of applicants with Preferential admission of applicants with

foreign background or underrepresented foreign background or underrepresented sexsex

1010

Is affirmative action legal?Is affirmative action legal?

European Court of Justice regarding European Court of Justice regarding the Tham chairs (July 2000):the Tham chairs (July 2000): Preferential hiring of underrepresented Preferential hiring of underrepresented

sex is not allowedsex is not allowed

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Regarding the Tham chairs, the court Regarding the Tham chairs, the court stated:stated:

EC preclude national legislation under EC preclude national legislation under

which a candidate for a public post who which a candidate for a public post who

belongs to the underrepresented sex and belongs to the underrepresented sex and

possesses sufficient qualifications for that possesses sufficient qualifications for that

post must be chosen in preference to a post must be chosen in preference to a

candidate of the opposite sex who would candidate of the opposite sex who would

otherwise have been appointed …otherwise have been appointed …

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But the court also statedBut the court also stated::

it may be decided that seniority, age and the it may be decided that seniority, age and the date of last promotion are to be taken into date of last promotion are to be taken into account only in so far as they are of account only in so far as they are of importance for the suitability, qualifications importance for the suitability, qualifications and professional capability of candidates. and professional capability of candidates. Similarly, it may be prescribed that the family Similarly, it may be prescribed that the family status or income of the partner is immaterial status or income of the partner is immaterial and that part-time work, leave and delays in and that part-time work, leave and delays in completing training as a result of looking after completing training as a result of looking after children or dependants in need of care must children or dependants in need of care must not have a negative effect.not have a negative effect.

1313

But the court also statedBut the court also stated::

it may be decided that seniority, age and the it may be decided that seniority, age and the date of last promotion are to be taken into date of last promotion are to be taken into account only in so far as they are of account only in so far as they are of importance for the suitability, qualifications importance for the suitability, qualifications and professional capability of candidates. and professional capability of candidates. Similarly, it may be prescribed that the family Similarly, it may be prescribed that the family status or income of the partner is immaterial status or income of the partner is immaterial and that and that part-time work, leave and delays in part-time work, leave and delays in completing training as a result of looking after completing training as a result of looking after children or dependants in need of care must children or dependants in need of care must not have a negative effectnot have a negative effect..

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Court statement, contCourt statement, cont..

The clear aim of such criteria is to The clear aim of such criteria is to

achieve substantive, rather than formal, achieve substantive, rather than formal,

equality by reducing equality by reducing de facto de facto inequalities inequalities

which may arise in society and … to which may arise in society and … to

prevent or compensate for disadvantages prevent or compensate for disadvantages

in the professional career of persons in the professional career of persons

belonging to the under-represented sex. belonging to the under-represented sex.

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Related Swedish legal Related Swedish legal outcomesoutcomes

Uppsala University late 1990sUppsala University late 1990s Trial period with affirmative action in Trial period with affirmative action in

recruitmentsrecruitments AbolishedAbolished

Uppsala University 2003Uppsala University 2003 Preferential treatment of applicants to Preferential treatment of applicants to

law school who had a foreign law school who had a foreign backgroundbackground

Illegal according to Swedish courts Illegal according to Swedish courts (2005)(2005)

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Related Swedish legal outcomes, Related Swedish legal outcomes, cont.cont.

Örebro/KarlstadÖrebro/Karlstad Preferential admission of males in Preferential admission of males in

nursing schoolsnursing schools Illegal according to Swedish courtsIllegal according to Swedish courts

Umeå UniversityUmeå University Preferential admission of applicants with Preferential admission of applicants with

foreign background or underrepresented foreign background or underrepresented sexsex

????

1717

Bottom lineBottom line

Affirmative action Sweden is severely Affirmative action Sweden is severely

restricted by court decisionsrestricted by court decisions

But how is equality and diversity But how is equality and diversity

accomplished without affirmative accomplished without affirmative

action?action?

And is diversity a legitimate social And is diversity a legitimate social

goal?goal?

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George W Bush commenting on George W Bush commenting on Supreme Court decision, U of Michigan Supreme Court decision, U of Michigan

AA casesAA cases::

” ” I agree … that we ought to reject quotas. I I agree … that we ought to reject quotas. I

think quotas are discriminatory by nature. … think quotas are discriminatory by nature. …

race-neutral admissions policies ought to be race-neutral admissions policies ought to be

tried. If they don’t work, to achieve tried. If they don’t work, to achieve

diversification, race ought to be a factor… I diversification, race ought to be a factor… I

think that it’s very important for all think that it’s very important for all

institutions to strive for diversity, and I institutions to strive for diversity, and I

believe that there are ways to do so”believe that there are ways to do so”

1919

George W Bush commenting on George W Bush commenting on Supreme Court decision, U of Michigan Supreme Court decision, U of Michigan

AA casesAA cases::

” ” I agree … that we ought to reject quotas. I I agree … that we ought to reject quotas. I

think quotas are discriminatory by nature. … think quotas are discriminatory by nature. …

race-neutral admissions policies ought to be race-neutral admissions policies ought to be

tried. tried. If they don’t work, to achieve If they don’t work, to achieve

diversification, race ought to be a factor… I diversification, race ought to be a factor… I

think that it’s very important for all think that it’s very important for all

institutions to strive for diversityinstitutions to strive for diversity, and I , and I

believe that there are ways to do so”believe that there are ways to do so”

2020

Issues regarding affirmative actionIssues regarding affirmative action

What is affirmative action?What is affirmative action? AA1: AA1: Information etc so as to Information etc so as to

encourage encourage applications from applications from minoritiesminorities

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Issues regarding affirmative actionIssues regarding affirmative action

What is affirmative action?What is affirmative action? AA1: AA1: Information etc so as to Information etc so as to

encourage encourage applications from applications from minoritiesminorities

AA2: AA2: Use race (gender) as tie-Use race (gender) as tie-breakerbreaker

2222

Issues regarding affirmative actionIssues regarding affirmative action

What is affirmative action?What is affirmative action? AA1: AA1: Information etc so as to Information etc so as to

encourage encourage applications from applications from minoritiesminorities

AA2: AA2: Use race (gender) as tie-breakerUse race (gender) as tie-breaker

AA3: AA3: Admission and hiring quotas Admission and hiring quotas

that favor that favor disadvantaged groupsdisadvantaged groups

2323

Issues regarding affirmative actionIssues regarding affirmative action

Is AA discriminatory?Is AA discriminatory? But current outcomes depend on past But current outcomes depend on past

discriminationdiscrimination Value in diversityValue in diversity Meritocracy is not exclusively used in practiceMeritocracy is not exclusively used in practice

What is the social objective function?What is the social objective function? Implications of a Rawlsian objective functionImplications of a Rawlsian objective function

Arbitrary classifications of minorities?Arbitrary classifications of minorities? Nationality, language, family background, ”race” Nationality, language, family background, ”race”

…… Class-based affirmative action?Class-based affirmative action?

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Some conclusionsSome conclusions

If diversity is a goal, some affirmative If diversity is a goal, some affirmative action policies are needed (AA1, AA2, AA3)action policies are needed (AA1, AA2, AA3)

Affirmative action to foster gender equality Affirmative action to foster gender equality can to some extent be implemented by can to some extent be implemented by indirect meansindirect means e.g. better productivity measurement in e.g. better productivity measurement in

academiaacademia Affirmative action based on ethnic Affirmative action based on ethnic

background is problematicbackground is problematic criteria for ethnic categories?criteria for ethnic categories?

Color and gender blind alternatives? Color and gender blind alternatives? e.g. class-based affirmative actione.g. class-based affirmative action

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All in all:All in all:

Meritocracy is valuable but Meritocracy is valuable but

should not be the only thing should not be the only thing

that mattersthat matters