Cecily Zamora
Affirmative action laws in the United States have evolved over the years, with the concept first appearing in President John F. Kennedy's Executive Order 10925 in 1961. This order mandated that government contractors ensure equal employment opportunities regardless of race, creed, colour, or national origin. While this was a significant step, it had limited scope and faced criticism from civil rights organisations like the NAACP. The term affirmative action was coined by Kennedy's administration and has since become a defining feature of US policy, aiming to address systemic discrimination and promote diversity and equality.
The evolution of affirmative action policies continued under subsequent administrations, with President Lyndon B. Johnson signing Executive Order 11246 in 1965, which replaced Kennedy's order and prohibited employment discrimination based on race, colour, religion, and national origin by federal contractors. Johnson's administration also extended protections to gender in 1967, and the Nixon administration further built on these efforts with the Philadelphia Order in 1969, which set goals and timetables for fair hiring practices in the construction industry.
Despite progress, affirmative action laws have also faced legal challenges and criticism, with some arguing that they amount to reverse discrimination. Court cases and legislative actions, such as California's Proposition 209 in 1996, have sought to limit the use of racial preferences in admissions and hiring processes. The Trump administration also supported rolling back affirmative action policies, advocating for race-neutral alternatives.
The ongoing debate surrounding affirmative action highlights the complexities of addressing historical and systemic discrimination while navigating concerns about fairness and equality.
| Characteristics | Values |
|---|---|
| First use of "affirmative action" | President John F. Kennedy's Executive Order 10925 in 1961 |
| First significant wave of progress for African Americans and women | During labor shortages of World War II and immediately afterwards |
| Affirmative action extended to sex | Executive Order 11375 in 1967 |
| Affirmative action as official policy of US government | Nixon administration's Philadelphia Order in 1969 |
| Affirmative action's original purpose | To pressure institutions into compliance with the non-discrimination mandate of the Civil Rights Act of 1964 |
| Supreme Court upholds affirmative action | Grutter v. Bollinger in 2003 |
| Supreme Court strikes down affirmative action in university admissions | Schuette v. Coalition to Defend Affirmative Action in 2014 |
| Trump administration's stance on affirmative action | Supported rolling back Obama-era policies and advocated for "race-neutral alternatives" |
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What You'll Learn
John F. Kennedy's Executive Order 10925
Affirmative action laws in the United States were created by President John F. Kennedy, who, on March 6, 1961, signed Executive Order 10925. This order required government contractors to “take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, colour, or national origin". The order also established the President's Committee on Equal Employment Opportunity (PCEEO), chaired by Vice President Lyndon Johnson.
The first draft of the executive order was written by Arthur Goldberg, the Secretary of Labor, and future Supreme Court Justice Abe Fortas. The term “affirmative action” was coined by Hobart Taylor Jr. and George Bunn, who were tasked with reviewing the initial draft. The order was a response to the civil rights movement and aimed to strengthen efforts towards equal opportunity for all.
Executive Order 10925 was superseded by Executive Order 11246 in 1965, issued by President Lyndon B. Johnson. This order prohibited employment discrimination based on race, colour, religion, and national origin by organisations with federal contracts and subcontracts. Gender was added to the protected categories in 1967.
The scope and impact of Executive Order 10925 were limited, applying only to a small number of defence contractors and leaving billions in federal grants and loans unsupervised. Despite this, it marked an important step in the evolution of affirmative action policies in the United States, with subsequent administrations building upon and expanding the initial framework.
The Nixon administration's "Philadelphia Order" in 1969 was a significant expansion, applying to federal contractors in the construction industry and including specific goals and timetables for increasing minority employment. The Obama administration also took steps to expand affirmative action, with Executive Order 13672 in 2014 amending Executive Order 11246 to include sexual orientation and gender identity. However, the Trump administration rolled back some of these gains, rescinding Executive Order 11246 and 13672 in 2025, and advocating for “race-neutral alternatives” in admissions policies for educational institutions.
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Lyndon B. Johnson's Executive Order 11246
Affirmative action laws in the US were first introduced by President John F. Kennedy in 1961. Kennedy issued Executive Order 10925, which included a provision that government contractors "take affirmative action to ensure that applicants are employed, and employees are treated during employment, without regard to their race, creed, colour, or national origin".
However, it was President Lyndon B. Johnson who issued Executive Order 11246, which superseded Kennedy's order in 1965. Signed on September 24, 1965, Executive Order 11246 prohibited employment discrimination based on race, colour, religion, and national origin by organisations receiving federal contracts and subcontracts.
The order required federal contractors to take affirmative action to ensure equality of employment opportunity without regard to race, religion, and national origin. It also mandated affirmative action programs to promote equal employment opportunities. In 1967, President Johnson issued Executive Order 11375, which amended Executive Order 11246 to include sex on the list of protected attributes.
Executive Order 11246 was in place from 1965 until it was rescinded by President Donald Trump in 2025. The Trump administration characterised the rescission as a necessary step to eliminate "radical and wasteful" diversity, equity, and inclusion (DEI) programs within the federal government and its contractors. The order required contractors to certify that they do not operate any programs promoting DEI that violate any applicable federal anti-discrimination laws.
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Nixon's Philadelphia Order
The Philadelphia Plan, also known as Nixons Philadelphia Order, was a federal affirmative action program established in 1967. It was designed to racially integrate the building construction trade unions through mandatory goals for non-white hiring on federal construction contracts. The Plan was developed by Philadelphia head contract officer Warren Phelan and local compliance officer Bennett Stalvey. It required prospective contractors to project the number of non-white workers on a job site before being awarded the contract.
The Philadelphia Plan was initially declared illegal in 1968 by Elmer Staats, the Comptroller General of the United States, who ruled it was against existing procurement law. However, the incoming Nixon administration saw the program as a political issue that could divide two reliably Democratic constituencies: African Americans and organized labor. President Nixon's administration revived the plan in 1969, changing the federal government's stance on affirmative action.
For the first time, a specific industry was required to articulate a plan for hiring minority workers. This was the highly segregated construction industry, which had a history of discriminatory practices. The Philadelphia Plan required contractors in six construction trades to set goals and timetables for the hiring of minority workers or risk losing valuable contracts. No quotas were set, and businesses had autonomy in determining how to meet the goals.
The Plan survived a court challenge by a Philadelphia contractor and successfully integrated the skilled construction unions in Philadelphia, Pennsylvania, and several other cities. However, as construction unions lost control over the hiring process during the 1970s, the Plan ultimately had little impact on integrating the skilled workforce at job sites and did not significantly address African American unemployment in the city. In May 1970, Nixon abandoned the Philadelphia Plan, appointing Peter Brennan, the leader of the New York Building Trades, as Secretary of Labor. Brennan advocated for city-based programs encouraging a return to voluntary integration.
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Trump's Executive Order 14173
Affirmative action laws in the US were first introduced by President John F. Kennedy in 1961. Kennedy issued Executive Order 10925, which included a provision that government contractors "take affirmative action to ensure that applicants are employed, and employees are treated during employment, without regard to their race, creed, colour, or national origin".
In 2025, President Donald Trump issued Executive Order 14173, which rescinded Executive Orders 11246 and 13672. This order stated that federal contractors were no longer required to publish an annual affirmative action plan for minorities and women. However, contractors were still required to publish plans for individuals with disabilities and protected veterans, as mandated by federal law.
Executive Order 11246, issued by President Lyndon B. Johnson in 1965, prohibited employment discrimination based on race, colour, religion, and national origin by organisations receiving federal contracts and subcontracts. In 1967, President Johnson issued Executive Order 11375, which amended EO 11246 to include sex as a protected category.
The Trump administration supported rolling back Obama-era policies on affirmative action and encouraged institutions to use "race-neutral alternatives" in admissions. They set guidelines aimed at curbing the Supreme Court's decision in Fisher v. University of Texas.
The history of affirmative action in the US is rooted in the country's efforts to remedy the subjugation of racial and ethnic minorities and women, which was prevalent at the nation's founding and persisted well into the 20th century. Despite legal and social exclusion, the first significant progress in enhancing employment opportunities for African Americans and women occurred during World War II and the civil rights movement of the 1950s and 1960s.
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Affirmative action in university admissions
Affirmative action in the United States refers to government-mandated, government-approved, and voluntary private programs that grant special consideration to racial minorities and women, who are considered historically excluded groups. The scope of affirmative action programs aims to address the historical subjugation of racial and ethnic minorities and women, who faced legal and social exclusion in the country. Affirmative action efforts in the United States began before the civil rights statutes of the 1950s and 1960s, but they gained momentum as it became evident that anti-discrimination statutes alone were insufficient to break long-standing patterns of discrimination.
The first significant wave of progress in enhancing employment opportunities for African Americans and women occurred during and after World War II, before the formal use of affirmative action. However, racial segregation and discrimination persisted, with African Americans largely confined to low-wage jobs even in the 1960s. Similarly, Hispanic Americans faced severe employment restrictions until the 1970s, and entire industries remained all-white and all-male, with women and minorities forbidden from applying for certain jobs.
In 1961, President John F. Kennedy established a Committee on Equal Employment Opportunity and issued Executive Order 10925, which introduced the term "affirmative action" to describe measures aimed at achieving non-discrimination. This order had a limited scope and did not bring about significant change. In 1965, President Lyndon B. Johnson issued Executive Order 11246, prohibiting employment discrimination based on race, colour, religion, and national origin by federal contractors. In 1967, President Johnson issued Executive Order 11375, which added sex to the protected categories.
In 1969, the Nixon administration introduced the Philadelphia Order, targeting fair hiring practices in construction jobs, which were known for their exclusion of Black workers. This plan included "goals and timetables" rather than strict quotas, marking a significant step towards guaranteeing equal employment opportunities. The Philadelphia Plan became the official policy of the US government, shaping its definition of affirmative action.
Public opinion on this issue is divided, with some Americans disapproving of selective colleges and universities considering race and ethnicity in admissions decisions, while others support it to increase diversity. The Trump administration advocated for "race-neutral alternatives" in university admissions, rolling back Obama-era policies that encouraged increasing diversity in educational institutions.
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Frequently asked questions
President John F. Kennedy created the first affirmative action law in 1961 with Executive Order 10925.
Executive Order 10925 required government contractors to take affirmative action to ensure that applicants are employed and employees are treated without regard to their race, creed, colour, or national origin.
The first affirmative action law's impact was limited as it only applied to a couple of hundred defence contractors, leaving billions in federal grants and loans unsupervised.
Subsequent administrations have built on the first affirmative action law, with President Lyndon B. Johnson's Executive Order 11246 in 1965 prohibiting employment discrimination based on race, colour, religion, and national origin. In 1967, Executive Order 11375 added sex to the list of protected categories. Affirmative action has also been applied to education, with the Supreme Court ruling on numerous cases involving affirmative action in university admissions.
Critics of affirmative action argue that it constitutes "reverse discrimination" and have challenged the use of racial quotas in university admissions. In response, the Supreme Court has imposed significant restrictions on race-based affirmative action and ruled that race cannot be the predominant factor in admissions decisions.
