The issue isn't one of 'fending for yourself", the issue is that the law precludes racist behaviour and that even having to 'fend for yourself' is racist and illegal.
And no, the legislative norming of the proverbial "playing field" does nothing to perpetuate prejudice. That prejudice is there to start out with. All it provides is a focal point around which putatively "legitimate" arguements based in racism can be made, after all, it now is a law, and it should be ok to discuss policy associated with a law.
But the reality is that the prejudice is there to start out with.
And as someone who has done hiring and interviewing, sorry no, the consideration of why a minorty or anyone is rejected is not any more or less problematic than simply "restraint of trade" (or whatever the negative comments charges are). The $$ you get from bringing such a charge, compared to the negative stigma that is associated with it is such that it is surprising anyone ever bothers to level such charges. In most cases, the offended party simply bites their lip and goes elsewhere. Which is precisely why Affirmative Action is necessary.
As for:
we should be past the point where we force companies to hire people based on the color of their skin.
Based on what criteria of "should"? Those running businesses today were educated at a time when
- the FHA was legally OBLIGATED to discriminate based on race
- Schools in many states were segregated or shut down rather than desegregate.
- Jim Crow laws were not just still on the books, but actively enforced.
Those in senior positions waiting to run businesses were educated at a time when
- A major candidate for the US Presidency ran on a Segregationist plank
- Jim Crow laws were on the books and enforced with water cannon and attack dogs
- racist teachers still openly treated minority and female students as lesser
so explain to me again how these two generations magically erased their upbringing?