United States affirmative action

United States affirmative action
Name	United States affirmative action
Caption	Protest related to affirmative action
Introduced	1960s
Jurisdiction	United States

Contents

United States affirmative action is a set of policies and practices in the United States intended to address historical and ongoing disparities affecting racial, ethnic, and gender groups in civil rights movement, Higher education in the United States, and Labor unions in the United States. Originating in the mid-20th century during the presidency of John F. Kennedy and expanded under Lyndon B. Johnson, the policies link to a web of executive orders, litigation, and legislative responses spanning institutions such as Harvard University, University of California, United States Department of Labor, and United States Department of Education. Debates over affirmative action involve stakeholders like Congress of Racial Equality, National Association for the Advancement of Colored People, American Civil Liberties Union, National Association of Scholars, and corporate actors including Google LLC, Microsoft, and General Motors.

History

Affirmative action traces to Executive Order 10925 issued by John F. Kennedy and Executive Order 11246 under Lyndon B. Johnson, intersecting with events including the Civil Rights Act of 1964, Voting Rights Act of 1965, and campaigns by figures such as Martin Luther King Jr., Rosa Parks, and Malcolm X. Early administrative programs involved the Equal Employment Opportunity Commission and cases like Griggs v. Duke Power Co. that shaped disparate impact doctrine. Landmark moments include litigation involving institutions such as University of Michigan, Regents of the University of California, and corporate consent decrees with entities like General Electric and United Parcel Service. Movements opposing and supporting affirmative action connected to organizations including the Conservative Legal Movement, American Civil Rights Institute, Coalition for Equal Opportunity, and advocacy by politicians such as Ronald Reagan, Bill Clinton, and Barack Obama.

Judicial developments unfolded through Supreme Court decisions: Regents of the University of California v. Bakke addressed quotas and race in admissions; Grutter v. Bollinger and Gratz v. Bollinger from University of Michigan cases clarified narrowly tailored consideration; Fisher v. University of Texas refined strict scrutiny standards; and recent rulings involving Students for Fair Admissions challenged practices at Harvard University and University of North Carolina. Doctrines like strict scrutiny and compelling interest derive from precedents including Brown v. Board of Education and constitutional provisions in the Fourteenth Amendment to the United States Constitution. Administrative law instruments include Executive Order 11246 and guidance from agencies such as the Department of Justice (United States) and Office for Civil Rights (United States Department of Education). Litigation often involves actors like Edward Blum, Alan Bakke, and organizations such as Asian Americans Advancing Justice, Asian Pacific American Legal Center, and Alliance for Justice.

In Higher education in the United States, selective colleges including Harvard College, Yale University, Princeton University, Stanford University, Columbia University, Massachusetts Institute of Technology, and public systems like University of California and State University of New York adopted race-conscious admissions policies, legacy preferences, and holistic review processes. K–12 policy intersections involve districts like Boston Public Schools, Seattle Public Schools, and federal programs such as Head Start. Employers from IBM, Ford Motor Company, Boeing, Walmart, and sectors represented by U.S. Chamber of Commerce implemented affirmative action plans, often negotiated with United Auto Workers, Service Employees International Union, and oversight by the Equal Employment Opportunity Commission. Affirmative action in contracting influences municipal programs like those of New York City, Los Angeles, Chicago, and state procurement practices influenced by laws in California, Texas, and Florida.

Research on outcomes spans studies by institutions including National Bureau of Economic Research, Pew Research Center, RAND Corporation, Urban Institute, Brookings Institution, and university centers at University of Michigan and University of California, Los Angeles. Findings address matriculation rates at Ivy League, graduation gaps at Historically black colleges and universities, job placement in sectors represented by Fortune 500 firms, and effects on wages in analyses referencing Bureau of Labor Statistics. Longitudinal studies involve datasets from National Center for Education Statistics and Integrated Postsecondary Education Data System, exploring mobility associated with programs like Affirmative action programs in university admission and corporate diversity initiatives. Empirical debates examine mismatch theory proponents at Hoover Institution versus counterarguments from scholars at Columbia Business School and Harvard Business School.

State responses vary: California Proposition 209 (1996), Washington Initiative 200 (1998), Michigan Proposal 2 (2006), Florida Amendment 4 (2000) and actions in Arizona altered public-sector race-conscious policies. Some states, including New Jersey, Texas, Illinois, and Massachusetts, developed alternatives such as socioeconomic-based admissions, targeted outreach, and percentage plans exemplified by Texas Top 10% Rule. Municipal and state contracting programs in New York, Maryland, and Ohio use minority business enterprise and women-owned business enterprise frameworks, with oversight by agencies like Small Business Administration and Department of Transportation (United States). Political responses involve legislatures in United States Congress, governors from California, Texas, Florida, and litigation through state supreme courts such as California Supreme Court and Florida Supreme Court.