Affirmative action in the United States
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| Affirmative action in the United States | |
|---|---|
| Name | Affirmative action in the United States |
| Established | 1960s |
| Purpose | Remedial measures for historic discrimination |
Affirmative action in the United States is a set of policies and practices designed to increase representation of underrepresented groups in institutions such as Harvard University, University of California, Berkeley, United States Military Academy, and National Aeronautics and Space Administration by considering characteristics like race, gender, and ethnicity in admissions, hiring, and contracting. Originating amid civil rights struggles and executive actions in the 1960s under John F. Kennedy, Lyndon B. Johnson, and influenced by litigation involving figures such as Thurgood Marshall and organizations including the National Association for the Advancement of Colored People and the American Civil Liberties Union, these policies intersect with landmark rulings from the Supreme Court of the United States and statutes like the Civil Rights Act of 1964 and the Equal Protection Clause.
History
Affirmative action traces to presidential orders and legislative responses in the 1960s, notably Executive Order 10925 under John F. Kennedy and Executive Order 11246 under Lyndon B. Johnson, with implementation influenced by agencies such as the Department of Labor and the Equal Employment Opportunity Commission. Early court challenges involved plaintiffs represented by entities such as the NAACP Legal Defense and Educational Fund and decisions by the United States Court of Appeals for the Ninth Circuit, while advocacy came from groups like the Congressional Black Caucus and leaders such as Martin Luther King Jr. and Malcolm X. During the 1970s and 1980s cases in venues including the United States Court of Appeals for the D.C. Circuit and decisions by judges related to Warren E. Burger and William Rehnquist shaped doctrine; contemporaneous academic debates featured scholars associated with Harvard Law School, Yale Law School, and Princeton University. Opposition movements coalesced around organizations such as the Center for Individual Rights and public figures like Ward Connerly and events including the Regents of the University of California v. Bakke aftermath, influencing ballot initiatives in states like California and Michigan.
Legal framework and key Supreme Court cases
Judicial doctrine evolved through a sequence of Supreme Court cases: Regents of the University of California v. Bakke established limits on quota systems; Grutter v. Bollinger and Gratz v. Bollinger from the University of Michigan litigation articulated strict scrutiny and diversity rationale; Adarand Constructors, Inc. v. Peña applied strict scrutiny to federal contracting; Fisher v. University of Texas refined review of campus race-conscious admissions; and recent decisions such as Students for Fair Admissions v. President and Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina recalibrated permissible uses of race in admissions. Statutory frameworks under the Civil Rights Act of 1964, interpretations by the Office for Civil Rights within the United States Department of Education, and enforcement actions by the Equal Employment Opportunity Commission further define legal contours, while constitutional principles invoked include the Fourteenth Amendment and doctrines developed through opinions authored by justices such as Sandra Day O'Connor, Antonin Scalia, Clarence Thomas, and John Roberts.
Implementation in education, employment, and contracting
In higher education, institutions like University of Michigan Law School, Harvard College, Yale University, and University of Texas at Austin developed admissions policies balancing metrics from SAT, ACT, and holistic considerations that considered applicants' affiliation with communities represented by groups such as African Americans in the United States, Hispanic and Latino Americans, and Native Americans in the United States. In employment, federal contractors regulated under Executive Order 11246 adopted affirmative action plans informed by guidance from the Office of Federal Contract Compliance Programs and cases involving firms including Adarand Constructors and plaintiffs represented by the American Center for Equal Justice. Public contracting programs in municipalities like New York City and states like California used race- and gender-conscious set-asides, prompting litigation involving entities such as Shaw-era plaintiffs and decisions by the United States Court of Federal Claims. Implementation engaged administrative actors like the Department of Justice and local bodies including school districts influenced by Brown v. Board of Education desegregation precedents, and educational outreach programs tied to institutions such as the National Institutes of Health and the National Science Foundation.
Debate and public opinion
Debate involves competing perspectives advanced by commentators and organizations including the Brookings Institution, the Heritage Foundation, the Brennan Center for Justice, the American Enterprise Institute, and civil rights groups such as the NAACP and the Mexican American Legal Defense and Educational Fund. Supporters cite remediation and diversity rationales articulated in amicus briefs by institutions like Association of American Universities and scholars from Columbia University and Stanford University, while critics emphasize individual merit arguments advanced by litigants like Students for Fair Admissions and figures such as Ward Connerly. Opinion polling by organizations such as the Pew Research Center and Gallup show shifts over time with variation across demographics including supporters within Democratic Party (United States) and opponents within Republican Party (United States), and debates often surface in political contests involving leaders like Barack Obama, Donald Trump, and Joe Biden.
Impact and outcomes
Empirical studies by researchers at Harvard University, University of California, Los Angeles, University of Chicago, and Princeton University evaluate effects on enrollment, labor-market outcomes, and contracting share for populations including Black Americans, Hispanic Americans, Asian Americans, and Women in the United States. Findings include increases in representation at selective institutions documented in analyses referencing cohorts from Ivy League schools and improvements in workplace diversity noted in reports from entities like the Equal Employment Opportunity Commission. Critics point to mismatches discussed in literature associated with scholars at Stanford University and Yale University, while proponents highlight alumni outcomes and networking advantages tied to institutions such as Columbia University, New York University, and Massachusetts Institute of Technology. Longitudinal research draws on data sources from the U.S. Census Bureau, National Center for Education Statistics, and studies published in journals linked to American Economic Association and American Sociological Association.
Recent developments and policy reforms
Recent actions involve litigation and administrative rulemaking under administrations of Barack Obama, Donald Trump, and Joe Biden, including enforcement memoranda from the Department of Education's Office for Civil Rights and regulatory proposals by the Office of Management and Budget and the Department of Labor. State-level initiatives in places like California, Michigan, Washington (state), and Texas have produced ballot measures and statutes affecting public institution policies, while federal cases brought by Students for Fair Admissions culminated in decisions impacting admissions at Harvard and University of North Carolina. Advocacy campaigns by groups such as the Leadership Conference on Civil and Human Rights and litigation by organizations like the American Civil Liberties Union continue to shape reforms, as do legislative proposals considered in the United States Congress and evolving practices at institutions including the American Bar Association and major employers such as Google, Apple Inc., and Boeing.