I mean, it depends on how you define harm. I won't get into the specifics (but yes, I do consider it harmful), because I think it's irrelevant to my point. I don't think consequentialism is the "end-all" of morality though. There are other ethical considerations besides harm.
Because you're picking them based on their skin color. That's why. ANY other method would be better. Do a lottery. Throw your pencil up in the air and whatever it lands on gets the spot. Play eeny-meeny-miny-moe with yourself. But choosing by skin color? Really? I don't know how many more ways I can say the same thing.
Civil Rights Act of 1964
"...that outlawed discrimination based on race, color, religion, sex, or national origin. It ended unequal application of voter registration requirements and racial segregation in schools, at the workplace and by facilities that served the general public (known as "public accommodations")."
Are medical schools free to do whatever they want? Am I reading this wrong? Seems to me they aren't allowed to discriminate...but they are. Is this state dependent?
(I don't understand how we have that civil act and then allowed affirmative action later. The two cannot exist together.)
Do you also think businesses and restaurants can just hire whomever they want for any reason?
Would you say the same to a white restaurant owner who
prefers to only have white employees?
I'm sorry, but I have to disagree. I understand there's a difference between the two things you pointed out, and there's probably another word for it, but both scenarios are considered discrimination since you
act on your preferences.
Dictionary.com -
Discriminate: "to make a distinction in
favor of or against a person or thing on the basis of the group, class, or category to which the person or thing belongs rather than according to actual merit"
If skin color / race is included in the evaluation of the applicant at all, it's discrimination. It should be completely irrelevant by law, right?