The Case for Socioeconomic-Based Affirmative Action

This essay is the Second Place Winner of the annual Hon. Constance Baker Motley Diversity, Equity, and Inclusion Young Member Essay Writing Competition. This competition was created to promote the legacy of Chief Judge Baker Motley by encouraging law students and younger federal practitioners to promote and sustain diversity, equity, and inclusion in the profession.

By Elle Peterson

In the wake of recent Supreme Court decisions limiting the consideration of race in college admissions, institutions are grappling with how to maintain diversity, equity, and inclusion (DEI) efforts. One promising solution that has gained traction is socioeconomic-based affirmative action. This approach prioritizes an applicant’s socioeconomic status over race, offering a legally defensible framework for promoting diversity while addressing systemic barriers to opportunity.

Socioeconomic-based affirmative action acknowledges the intersectionality of disadvantage. Socioeconomic status often intersects with race, ethnicity, and other identity markers, compounding barriers to success. By considering factors like household income, parental education levels, and neighborhood resources, institutions can create pathways for individuals from economically disadvantaged backgrounds, many of whom belong to marginalized racial and ethnic groups.Socioeconomic-based approaches also promote holistic diversity. Unlike race-conscious admissions, which have faced legal challenges, socioeconomic-based affirmative action offers a more holistic approach to achieving diversity goals. By focusing on socioeconomic indicators, institutions can circumvent legal constraints while still advancing DEI objectives. This approach aligns with the principle of equal opportunity, emphasizing meritocracy while acknowledging systemic inequalities that perpetuate socioeconomic disparities. Socioeconomic-based affirmative action also has the potential to address the root causes of inequality and disadvantage. By targeting socioeconomic status, institutions can mitigate the effects of poverty and lack of access to resources that hinder academic achievement and upward mobility. This proactive approach not only enhances diversity within academic institutions but also contributes to broader societal goals of social justice and economic empowerment.

Critics may argue that socioeconomic-based affirmative action neglects the unique challenges faced by marginalized racial and ethnic groups. However, this approach does not preclude consideration of race altogether. It recognizes that socioeconomic status often intersects with race and other identity factors, meaning that disadvantaged racial and ethnic groups are still likely to benefit from targeted initiatives. By adopting a nuanced understanding of intersectionality, institutions can ensure that their admissions processes remain inclusive and equitable. Implementing socioeconomic-based affirmative action requires concerted efforts from federal agencies, academic institutions, and policymakers. This may involve developing guidelines and best practices for evaluating socioeconomic indicators, providing support and resources for underprivileged students, and fostering partnerships with community organizations to identify and recruit talented individuals from diverse backgrounds.

Overall, socioeconomic-based affirmative action offers a promising approach to promoting diversity, equity, and inclusion in federal practices and beyond. By prioritizing socioeconomic status over race in admissions processes, institutions can address systemic barriers to access and opportunity while remaining compliant with legal standards. This approach reflects a commitment to fairness, meritocracy, and social justice, ultimately contributing to a more inclusive and representative society.

Elle Peterson is a recent graduate of University of San Diego – School of Law and currently serves as the 9th Circuit Representative for the Federal Bar Association’s Law Student Division. While in law school, she served as a student leader in numerous organizations, including the USD Name and Gender Marker Change Change Clinic, USD Pride Law, USD Student Bar Association, USD First Generation Legal Professionals, and the USD Law School Chapter of the Federal Bar Association. She is a former Judicial Extern for the Honorable M. Margaret McKeown of the United States Court of Appeals for the Ninth Circuit, and interned with United States Department of Justice in both the Civil Division with the Office of Foreign Litigation and Office of International Judicial Assistance and the Criminal Division with the Office of International Affairs. Elle is driven by a passion for promoting diversity, equity, and inclusion in her pursuit of a career in international criminal justice. Her experiences have shown her the profound impact of inclusive practices in breaking down systemic barriers and fostering justice for marginalized communities on a global scale.