Affirmative Action

affirmative action, in the United States, programs to overcome the effects of past societal discrimination by allocating jobs and resources to members of specific groups, such as minorities and women. The policy was implemented by federal agencies enforcing the Civil Rights Act of 1964 and two executive orders, which provided that government contractors and educational institutions receiving federal funds develop such programs. The Equal Employment Opportunities Act (1972) set up a commission to enforce such plans.

The establishment of racial quotas in the name of affirmative action brought charges of so-called reverse discrimination in the late 1970s. Although the U.S. Supreme Court accepted such an argument in Regents of the University of California v. Bakke (1978), it let existing programs stand and approved the use of quotas in 1979 in a case involving voluntary affirmative-action programs in unions and private businesses. In the 1980s, the federal government's role in affirmative action was considerably diluted. In three cases in 1989, the Supreme Court undercut court-approved affirmative action plans by giving greater standing to claims of reverse discrimination, voiding the use of minority set-asides where past discrimination against minority contractors was unproven, and restricting the use of statistics to prove discrimination, since statistics did not prove intent.

The Civil Rights Act of 1991 reaffirmed a federal government's commitment to affirmative action, but a 1995 Supreme Court decision placed limits on the use of race in awarding government contracts; the affected government programs were revamped in the late 1990s to encompass any person who was "socially disadvantaged." Since the mid-1990s, in a public backlash against perceived reverse discrimination, California and a number of other states have banned the use of race- and sex-based preferences in state and local programs and contracting, and public education. A 2003 Supreme Court decision concerning affirmative action in universities allowed educational institutions to consider race as a factor in admitting students as long as it was not used in a mechanical, formulaic manner. This requirement was tightened by the Court in 2013, which said that courts that approve of the consideration of race in university admissions must be sure that the diversity achieved could not have been accomplished using other means.

In Europe, the European Court of Justice has upheld (1997) the use in the public sector of affirmative-action programs for women, establishing a legal precedent for the nations of the European Union.

The Columbia Encyclopedia, 6th ed. Copyright© 2014, The Columbia University Press.

Selected full-text books and articles on this topic

Understanding Affirmative Action: Politics, Discrimination, and the Search for Justice
J. Edward Kellough.
Georgetown University Press, 2006
The Pursuit of Fairness: A History of Affirmative Action
Terry H. Anderson.
Oxford University Press, 2004
Who Is Eligible? Should Affirmative Action Be Group- or Class-Based?
Darity, William, Jr.; Deshpande, Ashwini; Weisskopf, Thomas.
The American Journal of Economics and Sociology, Vol. 70, No. 1, January 2011
PEER-REVIEWED PERIODICAL
Peer-reviewed publications on Questia are publications containing articles which were subject to evaluation for accuracy and substance by professional peers of the article's author(s).
The Bakke Case: Challenging Affirmative Action
Rebecca Stefoff.
Marshall Cavendish Benchmark, 2006
Past Discrimination and Diversity: A Historical Context for Understanding Race and Affirmative Action
Anderson, James D.
The Journal of Negro Education, Vol. 76, No. 3, Summer 2007
PEER-REVIEWED PERIODICAL
Peer-reviewed publications on Questia are publications containing articles which were subject to evaluation for accuracy and substance by professional peers of the article's author(s).
The Fat Studies Reader
Esther Rothblum; Sondra Solovay.
New York University Press, 2009
The Patriotic-Pragmatic Argument: A Politically Feasible Case for Affirmative Action
Hanks, Lawrence J.
Forum on Public Policy: A Journal of the Oxford Round Table, Summer 2007
PEER-REVIEWED PERIODICAL
Peer-reviewed publications on Questia are publications containing articles which were subject to evaluation for accuracy and substance by professional peers of the article's author(s).
Affirmative Action and Racial Preference: A Debate
Carl Cohen; James P. Sterba.
Oxford University Press, 2003
Haunted by Negative Action: Asian Americans, Admissions, and Race in the "Color-Blind Era"
Poon, Oiyan A.
Asian American Policy Review, Vol. 18, Annual 2009
Arab Americans, Affirmative Action, and a Quest for Racial Identity
Tamer, Christine.
Texas Journal on Civil Liberties & Civil Rights, Vol. 16, No. 1, Fall 2010
Diversity and Affirmative Action in Public Service
Walter D. Broadnax.
Westview Press, 2000
Race as Mission Critical: The Occupational Need Rationale in Military Affirmative Action and Beyond
Leach, Bryan W.
The Yale Law Journal, Vol. 113, No. 5, March 2004
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