Page 372 - Discrimination at Work The Psychological and Organizational Bases

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14. LAW AND PSYCHOLOGY
particular, this plan assigned 20 points to disadvantaged minority mem­
bers out of a possible 150-point scoring system (points were also assigned
for grade point average, test scores, in-state residency, legacy considera­
tions, and so forth). However, in providing quantification of qualifications,
this plan provided a fair amount of objectivity to the selection process. On
the other hand, the Grutter plan was flexible in its requirement of individ­
ual consideration of each applicant, allowing for differing input of how
minority status should be considered. The subjectivity inherent in this ap­
proach potentially exposes it to greater opportunities for unconscious bias
in judgment and, for some decisionmakers, imperfect attempts to correct
for their bias.
This outcome highlights the role of the individual under discrimination
law. Even though the purpose of affirmative action may be to benefit under­
represented groups, the goal must be accomplished by admitting individuals
into university or employment positions. Discrimination law requires in­
dividualized consideration of each applicant and therefore cannot permit
a point system that adds the same number of points to each individual
because of his or her race. The decision indicates that race can be used as
a plus-factor—i.e., it can be one of many factors considered in the overall
evaluation of the individual applicant—but the judicially approved pro­
gram involves only a more subjective evaluation of the candidate's race.
The irony in the affirmative action plan context is that subjectivity is re­
quired to provide fairness, whereas in avoiding intentional discrimination
in the first place, objectivity is generally viewed as providing greater fair­
ness.
The impact of this decision on racial minorities is not clear. Depending on
the number of points that would have been added for race, either program
could have produced more admissions for Blacks (and at Michigan, the
probability of a Black person being admitted was higher for the law school
than for the undergraduate program, as indicated in the cases). The efficacy
of a subjective program depends on the unconscious negative biases or
stereotypes held by the decision makers, as well as their motivations and
efforts to overcome them. Researchers in both psychology and OB/HR
can now study reactions to the decisions and look at how the framing of
alternative quantification methods could make such plans more palatable
under the law.

REASONABLE ACCOMMODATION

With the passage of the Americans with Disabilities Act (ADA, 1990), the
reasonable accommodation model emerged as a strong addition to the
disparate treatment and impact models of discrimination. This model is