Redeeming Apartheid's Legacy: Collective Guilt, Political Ideology, and Compensation

This paper reports two studies among white South African students on feelings of collective guilt about apartheid and attitudes to affirmative action. Study 1 reports on 21 in-depth interviews, Study 2 on results from 180 survey questionnaires. Substantial proportions of the participants in both studies displayed feelings of collective guilt. Among participants in both studies who identified strongly with white South Africans, some displayed strong feelings of collective guilt while others displayed no such feelings. Our survey data suggest that political ideology functions as a moderator. Strong feelings of guilt were found among students who identified strongly with white South Africans and defined themselves as liberals. If they defined themselves as conservatives then no feelings of collective guilt were observed. Strong feelings of collective guilt were accompanied by positive attitudes toward affirmative action. The influence of political ideology on attitudes toward affirmative action was mediated by collective guilt.     

First impressions online: The inclusion of transgender and gender nonconforming identities and services in mental healthcare providers' online materials in the USA

Background: When accessing mental healthcare services, transgender and gender nonconforming (TGNC) individuals face systemic barriers to gender-affirmative care. Initial points of contact, like intake forms, may show limited consideration for the heterogeneity of TGNC identities and can lead to negative consequences prior to face-to-face interaction with providers. Aims: The first aim was to mimic a likely pathway a TGNC individual may follow to seek mental healthcare services in the USA and to describe the extent to which they may encounter enacted stigma or affirmative messages that may impede or facilitate access to care. The second aim was to determine if a positive State legal climate for TGNC people was associated with more affirmative provider materials. Methods: Content analysis was used to examine a national sample of websites and intake forms of mental healthcare providers who advertise online as working with TGNC clients. Intake forms were coded for usage of affirmative language in gender/sex questions and including questions for a client's pronouns and preferred name. Websites were coded for mentioning a variety of services or resources for TGNC clients. Results: While provider websites were found through Google searches for a “gender therapist,” only 56.6% of websites stated a provider specialty to work with TGNC clients and 32.1% of websites had no mention of services or resources for TGNC people. Additionally, a significantly larger proportion of intake forms from States with legal protections for TGNC people used affirmative language in gender/sex questions and asked for a client's pronouns than intake forms from States without legal protections. Discussion: Barriers to affirmative healthcare for TGNC people within patient and provider interactions have been identified in previous research and these data show TGNC individuals may face enacted stigma even in their search for a provider, particularly those TGNC people living in States without legal protections.     

Afro-communitarianism and affirmative action in South Africa: A response to David Benatar

In a 2008 article “Justice, Diversity and Racial Preference: a Critique of Affirmative Action”, published in the South African Law Journal, David Benatar argues that affirmative action in South African higher education institutions cannot be justified. In response to this argument and the views expressed in his article, I show that his conclusions depend on an individualistic, decontextualised, and dehistoricised conception of the person. I argue that if we take an Afro-communitarian understanding of the person as our starting point, Benatar's arguments fail. An upshot of my argument is that affirmative action emerges as a useful and critical measure of restorative justice in the South African context.     

Evaluation of the Delayed Discovery Case

Summary

In this chapter, practicing lawyer Michael S. Morey guides the reader through the complex legal and non-legal issues involved in evaluating whether legal action should be pursued on behalf of an adult survivor of childhood sexual abuse. After analyzing how evaluation of sexual abuse cases differs from that in most other personal injury cases, he presents a model for non-suggestive yet thorough client interviewing and case evaluation to help both survivor and lawyer decide whether to pursue litigation. Viability of a case, determined by three critical legal issues, does not necessarily mean litigation ought to be pursued, and he explores how to make the initial interview a valuable resource to survivors, whether or not legal action is ultimately sought, with practical tips and a reproducible intake form.     

Shame and Silence

Abstract

Samantha Vice’s proposal on how to live in ‘this strange place’ of contemporary South Africa, includes an appeal to the concepts of shame and silence. In this paper, I use Emmanuel Levinas and Giorgio Agamben to move the discussion of shame from a moral to an existential question. The issue is not about how one should feel, but about the kind of self that whiteness in South Africa makes possible today. Shame desubjectifies. Vice’s recommendation of silence is then taken as witnessing/listening, which I argue grounds the possibility of a recovery of the self.     

Shared Being,Old Promises,and the Just Necessity of Affirmative Action

Although the residues of official segregation are widespread, affirmative action continues to meet resistance in both official and everyday life, even in such recent Supreme Court decisions as Grutter v Bollinger (539 U.S. 306). This is due in part to a governing ontology that draws the line between individual and collective. But there are other possibilities for conceiving the social, and I offer one here in a theory of affirmative action that is developed through close examination of sharing and promising as elemental qualities of equitable communal life. The nature and value of these actions are demonstrated in narrative formulations of fairness as exemplified in triage and the situation at the end of slavery; of the difference between equality and equity and how justice depends on their conjunction; and finally of theorizing how these may come together in the permutable, opaque, yet resilient interdependence of person and community that represents most deeply the Greek idea of two in one, that is, of one two, not two ones. In these respects the paper is successful insofar as it discloses the kinds of reasoning that underlie both resistance and commitment to affirmative action.     

A Note From the Editor

Although much has been written about the legal and ethical aspects of affirmative action, relatively few empirical and theoretical works examine affirmative action. In this article, we broadly survey three aspects of affirmative action: its content, context, and consequences. Research examining the content or form of affirmative action illustrates immense variety in implementation plans and widespread confusion over the specifics of those plans. Research examining social and organizational context in which affirmative action is implemented underscores that this context can forcefully shape its effectiveness by providing a setting in which resistance may be encouraged or dismantled. Finally, research examining the consequences of affirmative action for recipients and organizations suggests, not surprisingly that affirmative action may have either beneficial or adverse effects. The nature of these outcomes appears to depend on the specifics of the affirmative action implementation plan. We note the need for further research examining these three critical areas of affirmative action and for further investigations exploring factors that may facilitate the positive consequences and mitigate the negative outcomes of affirmative action.     

White Privilege,Psychoanalytic Ethics,and the Limitations of Political Silence

Abstract

The moral and philosophical interrogation of white privilege remains an imperative in post-apartheid South Africa. Whereas the critique of whiteness involves both philosophical and psychological scrutiny, subsequent calls for white political silence and withdrawal have yet to be subjected to adequate psychological analysis. This paper offers such an analysis by questioning, firstly, the idea of appropriate emotions for white South Africans (shame, guilt, regret), posing instead the problems of mimed affect and neurotic goodness. White approaches to guilt-alleviation and political passivity are queried, secondly, via the claim that such agendas lead all too easily to types of white exceptionalism and condescension, respectively. The ethical problems of political silence and withdrawal – implied superiority, non-participation and an unequal ‘rights of silence’ – provide a third area of questioning. The paper ends by introducing the Lacanian ideas of subjective destitution and identification with the symptom. These concepts throw a critical light on disavowals of white privilege and provide a novel means of thinking how white narcissism might be relinquished.     

Sterba on Affirmative Action,or, it Never was the bus,it was Us!

Professor Sterba argues for two interesting and provocative positions regarding affirmative action. First, affirmative action programs are still needed to ensure diversity in educational institutions of higher learning. Secondly, the proponents and opponents of affirmative action are not as far apart as they seem to think. To this end, he proposes a position that would give weight to race as a category for affirmative action that can withstand the challenges of affirmative action opponents while giving the needed support for affirmative action proponents. It is his contention that both sides can support arguments for diversity affirmative action. This paper raises concerns about the ability of arguments for racial diversity to resolve or bring together opponents and proponents of affirmative action. It is argued that the negative social climate, regarding the social and intellectual merits of black Americans, works against the acceptance of affirmative action programs. In sum, it is argued that Professor Sterba’s position continues to put the social onus of changing racial attitudes on blacks with little or no effort on the part of whites other than allowing blacks admittance to formerly segregated educational institutions to interact with white students.     

THE DIVERSITY–VALIDITY DILEMMA: BEYOND SELECTION—THE ROLE OF AFFIRMATIVE ACTION

Several of the most valid predictors used to make employment decisions create a diversity–validity dilemma ( Pyburn, Ployhart, & Kravitz, this issue, 2008 ). This diversity–validity dilemma can be resolved by (a) reducing adverse impact through a variety of technical steps ( Ployhart & Holtz, this issue, 2008 ) or (b) using affirmative action to increase representation of the disadvantaged groups. This paper focuses on the second approach. The paper begins with a very brief review of the legal bases of affirmative action and a summary of the research on affirmative action attitudes. This is followed with reviews of research on the ongoing existence of workplace discrimination, the economic impact of affirmative action on target groups and organizations, and stigmatization of target group members by others and by target group members themselves. Most problems with affirmative action apply only or primarily to preference-based forms, so nonpreferential approaches to affirmative action are recommended to increase the attraction, selection, inclusion, and retention of underrepresented group members.     

The effect of affirmative action on attributions about minority group members

In the first study subjects were given information about an applicant to graduate school and asked to rate his qualifications. The information experimentally varied (a) whether the school had an affirmative action policy, (b) the ethnicity of the applicant, and (c) whether the applicant was accepted or rejected. Based on Kelley's discussion of the discounting and augmentation principles, it was predicted that the minority applicant would be rated as less qualified when the university was committed to an affirmative action program. The reverse pattern was predicted for the non-minority applicant. The results supported the first prediction but not the second. Experiment 2 was designed to eliminate alternative interpretations of the data and the same results were found. Possible interpretations for the failure of affirmative action in affecting the ratings of nonminority applicants are discussed.     

Equity in Staff Selection: Managerial Attitudes and Practices

A survey of 486 managers was designed to examine how well employment equity is being implemented in Australian public and private sector organizations. Respondents were asked to report on the procedures they themselves used in their most recent staff selection. The findings on the incidence of the various selection techniques generally confirmed those of previous studies, specifically that the interview is the single most common technique. Although the large majority of managers professed pro-equity attitudes, most also displayed a belief in gender stereotypes and almost half misunderstood the requirements of affirmative action in Australia. Most selection decisions appear to have been based on merit-related factors, but a surprisingly high proportion of managers admitted to potentially discriminatory practices. Factors such as age, good looks and the absence of physical disability were rated as having been important in more than a third of selection decisions. Also, factors such as gender, marital status, race and colour influenced some managers in job selection. However, such discriminatory factors appear to have been less important in the public sector and in larger organizations which would have had more exposure to equity and affirmative action programs.     

Selecting for Diversity

This paper examines the subject of selecting for diversity. It begins with a brief discussion on what diversity means in this context. An examination is then made of the reasons given by several authors as to why organizations should select for diversity. The paper particularly focuses on (i) gaining greater access to the available talent, and (ii) enhanced team working and effectiveness. Next, the paper discusses an area that is both contentious and controversial in terms of selecting for diversity: that of affirmative action. Here an examination is made of some of the background to affirmative action, the different models and views that people hold of it, and how this fits into a diversity framework.     

What Factors Influence Judges’ Rulings About the Legality of Affirmative Action Plans?

Purpose

When implementing affirmative action programs involving race and gender, human resource practitioners must balance efforts to increase workforce diversity against the need to avoid illegal reverse discrimination. The tension between non-discrimination law and preferential treatment is explored. In reverse discrimination case law, affirmative action plans are evaluated by judges along two dimensions: remedial need and limiting harm. The legal literature specifies certain factors such as statistical imbalance, employee qualification, and duration of plan that are usually examined within these two dimensions.

Methodology

A content analysis of 80 federal court cases was conducted to quantitatively analyze the weight and importance of these factors within judicial rulings as well as contextual factors (e.g., judge’s political affiliation, beneficiary of program) that may influence the outcome of affirmative action lawsuits.

Results

It was found that remedial need can be demonstrated by large statistical disparities in the workforce, and was also more likely to be found by Democratic than Republican judges. Limiting harm is more likely to be supported by plans that are of limited duration and do not use reserved slots, or quotas.

Implications

The study provides empirically based recommendations for the design of legally defensible affirmative action plans that involve preferential treatment.     

The Origins and Legacy of the Civil Rights Act of 1964

Purpose

This paper provides a historical review of the origins and legacy of the 1964 Civil Rights Act through the lens of the African American Civil Rights and the Women’s Rights Movements.

Design/Methodology/Approach

The historical narrative was developed using psychological, historical, and legal source material.

Findings

While the Civil Rights Act did not immediately change the landscape of equality in the American workplace, it signaled a fundamental shift in the treatment of racial and gender diversity. In concert with other social, legal, and political shifts, it paved the way for progress on issues like affirmative action, pregnancy discrimination, and sexual harassment.

Implications

Without an understanding of the historical development and consequences of the Civil Rights Act, it is easy to lose sight of how the act has shaped the understanding of equality in the American workforce. Further, the way in which rights movements evolved alongside each other illuminates a need to focus not only on equality between majority and minority groups but also on issues of equality among minority groups.

Originality/Value

Previous reviews of the Civil Rights Act and rights movements tend to focus narrowly on one issue or group, and approach that concern from a single academic discipline. In contrast, we provide a review of the roots and consequences of the Civil Rights Act based on the developments of two rights movements, and draw from sources in psychology, history, political science, and legal perspectives to provide a broader picture of this landmark legislation.     

Whites' and Asian Americans' Perceptions of Asian Americans as Targets of Affirmative Action1

Although Asian Americans are technically a protected group, perceptions of Asian Americans as targets of affirmative action are largely unexplored, as are the attitudes of Asian Americans toward affirmative action. This study compared Whites' (N = 142) and Asian Americans' (N = 85) perceptions of workplace‐related discrimination and affirmative action beneficiary status for Asian Americans, African Americans, and Hispanic Americans. Whites and Asian Americans agreed that Asian Americans experience less adverse impact on tests and benefit less from affirmative action than do Blacks or Hispanics. However, Asian Americans were more likely than Whites to perceive that Asian Americans suffer from discrimination and underrepresentation and should benefit from affirmative action.     

Samoa and the Christian state ideal

This article explores the notion of a Christian state in the context of the South Pacific island nation of Samoa. Samoa is not a Christian state in the constitutional de jure sense. There is no formal entrenchment of establishment of Christianity as the official religion. But it is a de facto Christian state in that the substance of its laws reflects Christian beliefs. The article also considers whether it is a Christian nation. In many cultural and sociological senses it is. In terms of Christian practice however, an affirmative verdict is highly doubtful. Finally, the article suggests that asking the Christian nation question might be misplaced, for no nation can be a ‘chosen’, covenantal nation, à la Israel, in the New Testament era.     

Emigration and community

In this paper I consider Gillian Brock’s and Michael Blake’s discussion of emigration in Debating Brain Drain in relation to the particular case of South Africa, and explore whether skilled white people have a duty to remain in the country. Focusing on the role of community in this debate, I argue that communities and allegiances in South Africa are still too divided and antagonistic for them to play the duty-grounding role that Brock requires.     

The Origins of Social Citizenship in Pre-Apartheid South Africa

Abstract

South Africa's 1996 Constitution promises a measure of ‘social citizenship’ alongside formal political and legal equality. South Africa's public welfare and social policies may be less effective in ensuring social citizenship, through reducing insecurity and inequality, than those of the more established democracies, but they are far more effective than those of other ‘developing’ countries. The origins of social citizenship in South Africa lie in the early and mid-1940s, when the state first assumed responsibility for the welfare, broadly understood, of all South Africans. The most significant achievement was the introduction of a universal old-age pension system. The importance of these initiatives has been largely overlooked. This has been in part because later scholars largely ignored the heterogeneity of liberal thought in South Africa in the mid-twentieth century, as followers of the ‘New Liberalism’ broke with the classical liberalism of John Stuart Mill and argued for a range of state interventions in social and economic life. In South Africa, as elsewhere, the Second World War provided a context in which revised liberal thought gave rise to major policy reforms, some of which were to survive even the election of a National Party government in 1948.     

The invisibility of richness: A critique of Vice’s ‘strange place’

Abstract

This article builds on Samantha Vice’s argument on the problem of whiteness in contemporary South Africa. I will explore the thesis of invisibility regarding whiteness and argue for its relevance to the rich per se. This thesis demonstrates how white privilege and affluence, despite being glaringly visible in a concrete sense, is rendered invisible together with the mostly black poverty by which it is contrasted. The invisibility of whiteness translates and flows into the so-called ‘invisibility of richness’, which involves anyone who is economically affluent in this country and has the same effect of rendering poverty invisible. The massive and ever-growing divide between rich and poor means that both have fundamentally incommensurate experiences of life in this country, which is why post-apartheid South Africa is such a strange place to live in for all of its inhabitants. In the latter part of the article, a suggestion will be made about what the appropriate response to the injustices of this strange place might look like for whites.