Affirmative Action's Legal History: A Yearly Breakdown

Affirmative action is a set of policies and practices within a government or organization that seeks to benefit marginalized groups. The term was first used in the United States in 1961 when President John F. Kennedy issued Executive Order 10925, which required government contractors to take affirmative action to ensure equal treatment of applicants and employees, regardless of their race, creed, colour, or national origin.

Since the 1960s, affirmative action has been an important part of federal and state governments in the US and other countries to mitigate previous generations of discrimination and segregation. While it has been successful in giving diverse groups more representation, it has also been controversial from the start, with many features challenged or rolled back by lawsuits.

In 2023, the US Supreme Court ruled that race-conscious admissions programmes at Harvard University and the University of North Carolina were unlawful, stating that affirmative action programmes lack sufficiently focused and measurable objectives.

Affirmative action was first introduced in 1961 by President John F. Kennedy

The order was largely crafted by Vice President Lyndon B. Johnson and Hobart Taylor Jr., a well-connected Black lawyer. It established the President's Committee on Equal Employment Opportunity (PCEEO), chaired by Johnson. Federal contractors who failed to comply were punished by contract cancellation and the possible debarment from future government contracts.

The Kennedy administration was "advocating racially neutral hiring to end job discrimination" and was "not demanding any special preference or treatment or quotas for minorities". However, affirmative action soon evolved into a complex system of group preferences, which would face many legal challenges.

The concept of affirmative action had existed in the US since at least the early 20th century. In 1941, President Franklin D. Roosevelt issued Executive Order 8802, which forced defence contractors "to provide for the full and equitable participation of all workers in defence industries, without discrimination". Roosevelt also created the Fair Employment Practices Committee (FEPC) to investigate hiring practices by government contractors.

Following Kennedy's assassination, Johnson became president and remained committed to civil rights. In 1964, he signed the landmark Civil Rights Act, which prohibited segregation in public spaces and employment discrimination by all companies with more than 15 employees. The Act also created the Equal Employment Opportunity Commission (EEOC), charged with enforcing laws against discrimination.

In 1965, Johnson issued Executive Order 11246, which required government employers to "hire without regard to race, religion and national origin" and take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, colour, religion, sex or national origin.

Affirmative action has been an important part of federal and state governments in the US and other countries since the 1960s. It is intended to increase the participation of women and minorities in education, the workforce, the military and other arenas.

It was designed to address long histories of discrimination faced by minorities and women

Affirmative action was designed to address the long history of discrimination faced by minorities and women. It is a set of policies and practices within a government or organization that seeks to benefit marginalized groups. In the United States, affirmative action consists of government-mandated, government-approved, and voluntary private programs that grant special consideration to racial minorities and women, who are considered historically excluded groups.

The need for affirmative action arose from debates over non-discrimination policies in the 1940s and during the civil rights movement. These debates led to federal executive orders requiring non-discrimination in the employment policies of some government agencies and contractors in the 1940s and beyond. The first federal policy of race-conscious affirmative action was the Revised Philadelphia Plan, implemented in 1969, which required certain government contractors to set "goals and timetables" for integrating and diversifying their workforce.

Over the years, affirmative action policies have evolved and now tend to emphasize "targeted goals" to address past discrimination in a particular institution or in broader society through "good-faith efforts ... to identify, select, and train potentially qualified minorities and women." Outreach campaigns, targeted recruitment, employee and management development, and employee support programs are examples of affirmative action in employment.

Affirmative action in the United States has been controversial, with supporters arguing that it promotes equality and representation for socio-economically disadvantaged groups. They point to contemporary examples of conscious and unconscious biases, such as the finding that job-seekers with African American-sounding names may be less likely to get a callback than those with white-sounding names, as evidence that affirmative action is still necessary. Opponents, on the other hand, argue that affirmative action constitutes racism and amounts to discrimination against other racial and ethnic groups. They also argue that it tends to benefit the most privileged within minority groups at the expense of the least fortunate within majority groups.

Despite the controversy, affirmative action has played a significant role in giving diverse groups, including veterans, the disabled, and members of the LGBTQ community, more representation in schools, businesses, the military, and other institutions.

It has been controversial since its inception, with critics arguing it constitutes racism

Affirmative action has been a part of federal and state governments in the United States since the 1960s. The term "affirmative action" was first used in 1961 when President John F. Kennedy signed Executive Order 10925, which required federal contractors to take "affirmative action" to ensure that all job applicants and employees were treated equally, regardless of race, creed, colour, or national origin.

Despite its success in giving diverse groups more representation, affirmative action has been controversial since its inception. Critics argue that it constitutes racism or "reverse discrimination" and that it benefits the most privileged within minority groups at the expense of the least fortunate within majority groups. They also argue that affirmative action can hinder minority students by placing them in courses for which they are unprepared.

For example, in the 1978 Bakke case, the University of California at Davis medical school was found to have used an unconstitutional racial "quota system" by reserving 16 seats out of 100 exclusively for minority applicants. The Supreme Court ruled that setting aside a specific number of places in the absence of proof of past discrimination was illegal, but that minority status could be used as a factor in admissions.

Another criticism is that affirmative action may reduce the incentives for both the preferred and non-preferred groups to perform at their best. Beneficiaries may conclude that hard work is unnecessary, and those who do not benefit may perceive hard work as futile.

Supporters of affirmative action, on the other hand, argue that it promotes substantive equality for groups that are socio-economically disadvantaged or have faced historical discrimination or oppression. They see it as an effective way to address past wrongs and increase racial and ethnic diversity in higher education and the workplace.

Affirmative action was expanded to include disabled people, the elderly, and women in collegiate athletics

Affirmative action laws were first introduced in the US in the 20th century to address the long-standing patterns of discrimination faced by racial and ethnic minorities, as well as women. While there have been various amendments to these laws over the years, the focus of this answer will be on the expansion of affirmative action to include disabled people, the elderly, and women in collegiate athletics.

Affirmative Action for Disabled People

In 2017, the US Equal Employment Opportunity Commission (EEOC) issued a final rule to amend the regulations implementing Section 501 of the Rehabilitation Act of 1973. This rule requires federal government agencies to adopt employment goals for individuals with disabilities, with sub-goals for individuals with targeted disabilities. It also mandates the provision of personal assistance services to employees who need them due to their disability. The term "disability" under this regulation is defined broadly and includes various mental and physical medical conditions.

Affirmative Action for the Elderly

While there is no specific US legislation targeting the elderly, a 2015 study by Audinga Baltrunaite, Alessandra Casarico, and Paola Profeta analysed the impact of gender quotas in Italian local elections on the age of elected politicians. They found that gender quotas were associated with the election of politicians who were, on average, more than a year younger. This effect was mainly due to the reduction in age among male politicians.

Affirmative Action for Women in Collegiate Athletics

The inclusion of women in collegiate athletics has been a topic of discussion since at least 1979. While there is no specific US legislation addressing this issue, Title IX of the Education Amendments of 1972 prohibits sex discrimination in any federally funded education program or activity. This has been interpreted to include athletics, and schools that receive federal funding are required to provide equal opportunities for male and female students.

In summary, affirmative action laws in the US have been expanded over time to include disabled individuals and, while there is no specific legislation, the issue of including the elderly and ensuring equal opportunities for women in collegiate athletics has also been a focus of attention and change.

In 2023, the Supreme Court rejected race-based affirmative action in college admissions

Affirmative action is a set of policies and practices within a government or organization that seeks to benefit marginalized groups. The term was first used in 1961 by President John F. Kennedy in Executive Order 10925, which required government employers to "take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, or national origin".

In the United States, affirmative action has been controversial, with public opinion divided. Supporters argue that it promotes equality and representation for socio-economically disadvantaged groups, while opponents argue that it is a form of reverse discrimination that benefits the most privileged within minority groups.

The Court's decision has been criticized by some as a rollback of progress and a cementing of a superficial rule of colorblindness in a still endemically segregated society. Others have applauded the decision, arguing that affirmative action is a form of reverse discrimination and that it tends to benefit the most privileged within minority groups. The implications of the decision for employers and other organizations remain to be seen, but it is expected that there will be more challenges to practices that involve the consideration of race and other protected traits in decision-making.

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