Tutorial program accused of discriminationService applicants say
affirmative action stance affected hiring
By Rachanee Srisavasdi
Daily Bruin Contributor
A UCLA student program geared toward helping minority and
low-income students possibly infringes on privacy and First
Amendment rights.
Academic Advancement Program (AAP), an organization that
provides academic services for qualifying students, asks potential
tutors about affirmative action during hiring interviews.
"We want to make sure we hire tutors supportive of the goal of
the program," said Adolfo Bermeo, the program’s director. "If a
person is not supportive of affirmative action, (he/she) may not be
supportive of educational opportunity."
Administrators at the program categorically denied
discriminating on the basis of a person’s stance on affirmative
action. They maintained that no applicant has ever been denied a
tutoring position because of his/her views on affirmative
action.
In a recent statement issued in response to The Bruin’s
inquires, director of tutorials Donald Wasson said interviewers ask
applicants about affirmative action because of students’ concern.
"Not only is it a topic in classrooms, but the program’s students
often wonder aloud what affirmative action means for them," he
said.
Wasson added it was also to ensure tutors will not be defensive
about the issue or "use the students’ questions as a pulpit for
beliefs."
Though The Bruin was unable to locate anyone who was denied a
job on these grounds, the program might have discriminated in the
past.
Kevin Grazier, a former program tutor and a graduate student in
earth and space science, maintained that during his interview for
employment in the program, his interviewer said she only hires
tutors who support affirmative action.
During his interview last October, Grazier said that
then-program employee Virginia Necochea asked him whether he
believed in affirmative action. Grazier said he responded that the
question was too personal; Necochea countered that she only hires
applicants who support affirmative action.
Grazier added that he gave a "nebulous answer to the
question."
"I don’t like being told, if I don’t support a policy, I won’t
get the job," said Grazier, who was later offered the tutoring
position. "You can’t require someone to support a policy that the
university doesn’t support."
Though the Academic Advancement Program officials said they have
a right to ask about affirmative action, the program could be
violating federal law by simply asking such a question. The free
speech clause of the First Amendment prohibits people from
discriminating based on a person’s beliefs, while state privacy
laws keeps employers from asking questions that might infringe on
one’s private life.
"They cannot discriminate based on political beliefs," said
Raquel De La Rocha, a UCLA law professor who specializes in
employment discrimination. "The fact that they are asking the
question is discriminatory and violates an individual’s
rights."
Eugene Volokh, a UCLA law professor who specializes in First
Amendment rights, had a differing opinion. Simply asking the
question may not be a First Amendment violation, but can be
evidence that the program discriminates on the basis of political
beliefs.
"If their job was orchestrating a pro-affirmative action
campaign, then the question may be valid," Volokh said. "But,
primarily, the job is to teach students effectively.
Grazier added he filed a complaint at the Ombudsman Office
before finding out that he was given the job.
The program’s administrators declined to comment in detail about
the situation, saying they were not aware of Grazier’s complaint.
But Wasson did maintain that the interview form Necochea used asked
‘How would you define affirmative action?’ rather than ‘Do you
believe in affirmative action?,’ the question Grazier said he was
asked.
Additionally, Necochea had no comment on her interview with
Grazier or the hiring process for tutors at the program.
Wasson said he was "sure the question was not an infringement of
rights or the way we ask them." He explained that the program
"looks for tutors who understand the strengths AAP students bring
to UCLA, who value diversity, and who can listen carefully and
actively to the students they serve."
But Volokh questioned the characteristics the program looks for
in applicants.
"And what does valuing diversity necessarily mean? It doesn’t
sound quite right, to require tutors to support diversity," he
added.
Applicants who feel they were improperly denied a tutorial job
would have to take their case to court to decide if the Academic
Advancement Program’s practice is a federal violation, he
added.
"The question is, is this something the university should be
asking?" Volokh said. "If they ask questions like this, what will
they ask about next?"
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