What Is Affirmative Action?

What Is Affirmative Action?

Let me explain affirmative action directly: it's a policy designed to boost workplace and educational opportunities for people who are underrepresented in society. I focus on groups with historically low representation in leadership and professional roles, and it's often seen as a way to counter discrimination against them.

You see businesses and governments putting these programs into practice by considering race, sex, religion, or national origin in hiring decisions. In the U.S., it's been common in education, especially college admissions, but the 2023 Supreme Court ruling in Students for Fair Admissions v. Harvard changed that—no more using race as a specific factor for admissions.

Key Takeaways

Affirmative action works to reverse historical discrimination against people with certain identities. These policies can involve hiring quotas, grants, and scholarships, and they might deny government funding or contracts to non-compliant institutions. It covers gender representation, people with disabilities, and covered veterans. Remember, the Supreme Court has ruled that race-based programs in college admissions violate the Equal Protection Clause of the 14th Amendment.

How Affirmative Action Works

The core purpose here is to diversify society. This government-backed policy gives underrepresented groups access to academia, private jobs, and government positions. Opportunities include school admissions, professional jobs, housing, and financing.

History and Implementation

Affirmative action gained traction in the 1960s U.S. to promote equal opportunity, enforcing the Civil Rights Act of 1964 against discrimination. Early efforts stopped social segregation of minorities and disadvantaged people from institutions.

Even with anti-discrimination laws, real change didn't happen quickly. Recently, campaigns have pushed for more gender diversity and access for covered veterans and people with disabilities.

In 2023, the Supreme Court ruled in Students for Fair Admissions v. Harvard that race-based affirmative action in admissions violates the 14th Amendment's Equal Protection Clause. The companion case against the University of North Carolina overruled precedents from Grutter v. Bollinger and Regents of the University of California v. Bakke, which had allowed limited race considerations.

Fast Fact

Covered veterans include those who are disabled, served in wars or campaigns with badges or medals, or recently separated from the Armed Forces.

Elements of Affirmative Action

Efforts include financial aid like grants and scholarships for higher education access. Hiring practices require diverse candidates for jobs, and agencies might mandate minimum percentages of qualified professionals from various ethnicities, genders, and cultures. Failing these can disqualify you from government funding or contracts.

Important Note

Don't confuse employment equity with affirmative action—they're different. Employment equity ensures equal treatment for all, while affirmative action supports those historically denied opportunities.

Examples of Affirmative Action

Since the 1960s, affirmative action has been applied despite setbacks from court rulings. In 1965, President Lyndon B. Johnson issued Executive Order 11246 requiring government contractors to expand minority job opportunities and created the Office of Federal Contract Compliance to enforce it.

By 1970, the Labor Department set flexible goals for minority utilization, adding women in 1971. In 1973, President Nixon's Rehabilitation Act required affirmative action plans for hiring and advancing people with disabilities.

In 1983, Reagan's Executive Order 12432 mandated Minority Business Enterprise plans for agencies. The 1990 Americans with Disabilities Act and 1991 Civil Rights Act followed. In 1998, Congress blocked eliminations of certain programs, including in higher education admissions.

In 2022, companies like Apple and General Motors urged the Supreme Court to uphold affirmative action in admissions, citing benefits to business innovation from campus diversity.

Advantages and Disadvantages of Affirmative Action

These policies draw strong support and criticism. On the advantage side, they provide opportunities to those who might otherwise miss out, like education for disadvantaged students or career advancement for blocked employees. Proponents insist it must continue due to low diversity in authority positions and limited recognition of underrepresented groups' achievements.

Opponents see it as a failure, pointing to minimal changes after decades and high costs. Some believe society has little bias, arguing affirmative action causes reverse discrimination by overlooking qualified candidates for those meeting policy standards.

Affirmative Action Statistics

This topic sparks debates—can we measure opinions? A 2024 Gallup poll shows 68% of Americans view the Supreme Court ruling ending affirmative action in admissions positively, with Black Americans most divided and others more favorable. Earlier polls indicated 70% believe admissions should be merit-based only.

On hiring, 74% say race or ethnicity shouldn't factor in; decisions should rely on merit and qualifications.

What Is the Goal of Affirmative Action?

The goal is to boost opportunities for historically underrepresented or barred groups in academia, government, and private sectors. Policies fund grants and scholarships, addressing racial backgrounds, national origins, gender, sexual orientation, and disabilities.

How Did Regents v. Bakke Change Affirmative Action Policies?

It struck down racial quotas. Allan Bakke claimed denial from medical school due to being white; the Court upheld affirmative action but ruled quotas unconstitutional. The 2023 Students for Fair Admissions v. University of North Carolina case overturned this.

Which U.S. President First Defined and Used the Term Affirmative Action?

President John F. Kennedy in 1961, directing federal contractors to ensure equal treatment without regard to race, color, religion, sex, or national origin.

The Bottom Line

Affirmative action remains controversial but is required for government-contracted businesses. Many employers adopt it voluntarily to promote transparent hiring, promotions, and workplace diversity.