history of affirmative action

David Hamilton Golland discusses his research on "The Oral History of Affirmative Action: Reconstructing the Philadelphia Plan and Arthur Fletcher." The U.S. House Judiciary Committee voted 17-9, on a bipartisan basis, to defeat legislation aimed at dismantling federal affirmative action programs for women and minorities. University of California, Irvine He investigates President Kennedy's historic 1961 executive order that introduced the term "affirmative action" during the early years of the civil rights movement and he examines President Johnson's attempts to gain equal opportunities for African Americans. This report is a snapshot of how many racial and ethnic minorities and women are working in a company. The U.S. Supreme Court refused to hear a challenge to California's Prop. The order made the first reference to “affirmative action” and strove to end discrimination with the practice. Senator Robert Dole and Representative Charles Canady introduced the so-called Equal Opportunity Act in Congress. California's Proposition 209 passed by a narrow margin in the November election. 1991:  President George H.W. The University must publish its nondiscrimination policy, develop a written affirmative action plan, and take affirmative action to ensure discrimination is not practiced based on race, color, religion, sex, or national origin. 1978. Learn about the major milestones in the history of affirmative action.1960s1970s1980s1990s2000s2010sMarch 6, 1961Executive Order 10925 … The proposition includes the following sections:(a) The State shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. For more information about the University's nondiscrimination or affirmative action policies, please contact the Office of Equal Opportunity & Diversity at (949) 824-5594 or oeod@uci.edu. 1997. 209 abolished all public-sector affirmative action programs in the state in employment, education and contracting. The term “Affirmative Action” was first used/introduced by President John F Kennedy in his Executive Order 10925 in 1961. The University of California remains governed, however, by both Proposition 209, which bans the use of preferences, and by federal law that bans employment discrimination by federal contractors. In addition, an official of the organization must be assigned responsibility for implementation of equal employment opportunity and the affirmative action program.An excerpt from the executive order follows (Part II, Subpart B, Sec. The Office of Equal Opportunity & Diversity (OEOD) is responsible for maintaining, updating, and ensuring compliance with the University non-discrimination and affirmative action policy regarding academic and staff employment. SP-2 focused on University employment and contracts, eliminating consideration of the same attributes in hiring and contracting decisions. President Nixon issued E.O. In Grutter, the Court held that the University of Michigan’s use of race among other factors in its law school admissions program was constitutional because the program furthered a compelling interest in obtaining “an educational benefit that flows from student body diversity”. 1983. Affirmative action in the United States is a set of laws, policies, ... 1995, nearly two and a half years after his inauguration. Adarand then petitioned the Supreme Court for a writ of certiorari. 2000. 1997. It is, however, a brief review of some of the laws and regulations that have impacted UCI policy, practice, and discussion on affirmative action in recent years. 103 Multipurpose Science & Technology Building This executive order was superseded by Executive Order 11246 in 1965. Croson Co., 488 U.S. 469 (1989) struck down Richmond's minority contracting program as unconstitutional, requiring that a state or local affirmative action program be supported by a "compelling interest" and be narrowly tailored to ensure that the program furthers that interest. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Neither this review nor the current debate over affirmative action occur in a historical vacuum. The History of Affirmative Action | The New York Times - YouTube. President Ronald Reagan issued E.O. Share: “Equality of educational opportunity refers not to inherent capacities, but to the environmental influences that shape and condition the growth and development of the individual. (f) For the purpose of this section, "State" shall include, but not necessarily be limited to, the State itself, any city, county, city and county, public university system, including the University of California, community college district, school district, special district, or any other political subdivision or governmental instrumentality of or within the State. Title VII of the Civil Rights Act provided the initial legal basis for affirmative action for women in the workplace. He describes President Nixon's expansion of affirmative action with the Philadelphia Plan--which the Supreme Court upheld--along with President … In the United States, affirmative action came to prominence in the 1960s as a way to promote equal opportunity across various segments of society. UC Berkeley had a 61% drop in admissions of African American, Latino/a and Native American students, and UCLA had a 36% decline. On July 20, 1995 the Board of Regents of the University of California adopted Regents Resolutions SP-1 and SP-2. 10925 used affirmative action for the first time by instructing federal contractors to take "affirmative action to ensure that applicants are treated equally without regard to race, color, religion, sex, or national origin." In effect, SP-1 required that race, religion, sex, color, ethnicity, and national origin not be considered in the admissions decision process. Lawsuits were filed against the University of Michigan and the University of Washington School of Law regarding their use of affirmative action policies in admissions standards. Created the Committee on Equal Employment Opportunity. That the University has complied with and will be governed by Article 1, Section 31 of the California Constitution by treating all students equally in the admissions process without regard to their race, sex, color, ethnicity or national origin, and by treating employees and contractors similarly. The United States of America has a long history of racial tension. SP-1, Section 6 (and SP-2, Section 3): Nothing in Section 2 (Section 1 of SP-2) shall prohibit any action which is strictly necessary to establish or maintain eligibility for any federal or state program, where ineligibility would result in a loss of federal or state funds to the University. Executive Orders 10925 and 11246 referred to taking affirmative action to ensure nondiscrimination based on these same characteristics. 2001. Years after implementing affirmative action in South Africa, perceptions of its impact or even benefit seem to vary from person to person. The same District Court in Michigan made two different rulings regarding affirmative action in Michigan, with one judge deciding that the undergraduate program was constitutional while another judge found the law school program unconstitutional. The relevant sections are as follows: SP-1, Section 2: Effective January 1, 1997, the University of California shall not use race, religion, sex, color, ethnicity, or national origin as criteria for admission to the University or to any program of study. This and the following two sections provide the context for this review, and, indeed, for federal affirmative action programs. Ban on use of affirmative action in admissions at the University of California went into effect. This resolution rescinded SP-1 and SP-2 and at the same time acknowledged the University would be governed by Article 1, Section 31 of the California Constitution (Proposition 209). President Lyndon B. Johnson issued E.O. The Nixon administration issued "Memorandum-Permissible Goals and Timetables in State and Local Government Employment Practices," distinguishing between proper goals and timetables and impermissible quotas. The Labor Department, under President Richard M. Nixon, issued Order No.4, authorizing flexible goals and timetables to correct "underutilization" of minorities by federal contractors. 1989. Executive Order 11246 also requires federal contractors to take affirmative action to promote the full realization of equal opportunity for women and minorities. 11625, directing federal agencies to develop comprehensive plans and specific program goals for a national Minority Business Enterprise (MBE) contracting program. This was landmark legislation prohibiting employment discrimination by large employers (over 15 employees), whether or not they have government contracts. Kathleen Martinez 2014, 1701 Pennsylvania Avenue, NW, Suite 200 | Washington, D.C. 20006 | 202-349-9855 | 866-562-2233 (AAAED) | Fax: 202-355-1399 | www.aaaed.org, Copyright © 2019 American Association for Access, Equity and Diversity, Regional Governance and State Coordinators, Exhibiting and Advertisement Opportunities, AAAED Access Equity and Diversity Awards for 2020, Research and Metrics for EEO and Diversity Profess, Register for Virtual and Classroom Training, PDTI Credentialing and Certificate Programs, http://www.inmotionmagazine.com/aahist.html, About Affirmative Action, Diversity and Inclusion, AAAED Commends President Biden on Revoking EO 13950 and Advancing a Comprehensive Equity Agenda. On May 16, 2001 the Board of Regents of the University of California unanimously approved Regents Resolution RE-28. In his speech, he discussed the history in the United States that brought the policy into fruition: slavery, Jim Crow, and segregation. President John F. Kennedy first signed affirmative action into law with Executive Order 10925 in 1961. I fear that forcing the issue at this time could jeopardize the daily progress being made in ensuring equality.". 1996. The reasoning behind affirmative action was to promote diversity and to end job discrimination. At the same time, it also ruled unlawful the University Medical School's practice of reserving 18 seats in each entering class of 100 for disadvantaged minority students. 1990:  President George H.W. 2003. In response to Hopwood, the Texas legislature passed the Texas Ten Percent Plan, which ensures that the top ten percent of students at all high schools in Texas have guaranteed admission to the University of Texas and Texas A&M system, including the two flagships, UT – Austin and A&M College Station. Although the repeal will have little immediate, practical impact on the University, RE-28 includes a commitment to K-12 outreach programs that aim to improve the educational preparation of California's elementary and secondary school students to pursue a college education. 2002. SP-2, Section 1: Effective January 1, 1996, the University of California shall not use race, religion, sex, color, ethnicity, or national origin as criteria in its employment and contracting practices. Proponents of the repeal cited a sharp drop in the number of in-state black and Hispanic first-year students and the hiring rates of women and underrepresented minority faculty members. Civil Rights Act of 1964 was signed into law. 1994. History of Affirmative Action. Im Jahr 1965 erläuterte Präsident Lyndon B. Johnson in einer Rede vor den schwarzen Studenten der Howard University die Grundidee der Affirmative Action: 1995. 1998. I'm guessing that you've heard of things like slavery and the Civil War, but this debate wasn't over in 1865. 1986. Efforts by some in the Reagan administration to repeal Executive Order 11246 were thwarted by defenders of affirmative action, including other Reagan administration officials, members of Congress from both parties, civil rights organizations and corporate leaders. 1998. President Bill Clinton reviewed all affirmative action guidelines by federal agencies and declared his support for affirmative action programs by announcing the Administration's policy of "Mend it, don't end it.". First, we examine the history of the creation of modern affirmative action programs. Affirmative Action Affirmative Action was created by President John F. Kennedy through an executive order in 1961 and continued through Lyndon B. Johnson presidency and so on. 1985. This section is not meant to be a comprehensive overview of affirmative action law, cases, or policies. The History of Affirmative Action . In Gratz, the Court rejected the undergraduate admissions program at the College of Literature, Science and the Arts, which granted points based on race and ethnicity and did not provide for a review of each applicant’s entire file. Instead of deceptively focusing attention on "preferential treatment,” voters were asked directly if they wanted to "end affirmative action programs.” They said no. 1979. Both houses rejected amendments to abolish the Disadvantaged Business Enterprise program funded through the Transportation Bill, and the House rejected an attempt to eliminate use of affirmative action in admissions in higher education programs funded through the Higher Education Act. President John F. Kennedy's Executive Order (E.O.) 1995. California enacted a new plan allowing the top 12.5% of high school student’s admission to the UC system, either for all four years or after two years outside the system, and guaranteeing the top 4% of all high school seniors’ admission into the UC system. "Integration, affirmative action, and strict scrutiny". The Court also found that the law school’s program was narrowly tailored; it was flexible, and provided for a “holistic” review of each applicant. 11246, requiring all government contractors and subcontractors to take affirmative action to expand job opportunities for minorities. http://www.inmotionmagazine.com/aahist.html. The Office of Federal Contract Compliance Programs (OFCCP), under the Department of Labor, monitors this requirement for all federal contractors, including all UC campuses, and has developed regulations to which these contractors must adhere. This is the first time in history that employers have been required to report information regarding compensation by gender and minority status to the federal equal employment agencies. However, it was not until 1961 that the term "affirmative… The Florida legislature passed “One Florida” Plan, banning affirmative action. 1961. Erstmals eingeführt wurde das Konzept der Affirmative Action 1961 von Präsident John F. Kennedy, welcher mit der Executive Order 10925 die Equal Employment Opportunity Commission ins Leben rief, welche 1964 wirksam wurde. The proposition has been incorporated into the California Constitution under Article 1, Section 31. In its 40-year history, Affirmative Action has attempted to rid America of discrimination against minorities and women, sometimes at the cost of what has been labeled “reverse discrimination” towards white men. A look back through the decades shows what went right in the early years of affirmative action in college admissions, but also what can go wrong even … History of Affirmative Action Affirmative action has its origins in the civil rights movement of the late 1950s and early 1960s. 1987. In Texas v. Hopwood, 518 U.S. 1033 (1996) the U.S. Court of Appeals for the Fifth Circuit ruled against the University of Texas, deciding that its law school's policy of considering race in the admissions process was a violation of the Constitution's equal-protection guarantee. In 1967, President Johnson amended the order to include sex on the list of attributes. As the debate continues regarding what is permissible and what is ethically responsible, the University continues to fulfill its affirmative action obligations within the parameters of the law. The Regents of the University of California voted to end affirmative action programs at all University of California campuses. It was developed and enforced for the first time by President Johnson. Introducing Affirmative Action to the Public President Franklin D. Roosevelt is credited with being the first to coin the term "affirmative action". 1965. President John F. Kennedy's Executive Order (E.O.) Affirmative action is a policy to encourage equal opportunity and to level the playing field for groups of people who have been and are discriminated against. 1949:  Desegregation of the United States Armed Forces  The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Originally known as 'the Philadelphia plan,' the program set quotas for black employment in construction trades. To explore this concept, consider the following Affirmativ… Since that time, any employer receiving federal funds has been required to document their affirmative action procedures and actual hiring numbers. The U.S. Supreme Court in Regents of the University of California v. Bakke, 438 U.S. 912 (1978) upheld the use of race as one factor in choosing among qualified applicants for admission. Affirmative action law grew out of the civil rights movement. Affirmative action is the result of President John F. Kennedys 1961 executive order requiring government employers and contractors 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. Regarding the history of affirmative action in education within the United States, Frum has written the following: "The United States launched its reparations program to African Americans in autumn of 1969. Three years later the Civil Rights Act of 1964 came about. President John F. Kennedy's Executive Order (E.O.) In 1941 Presdient Roosevelt issued Executive Order 8802, which mandated that national defense industries use fair employment practices and not discriminate against anyone. "This sends a clear and unequivocal message that people of all backgrounds are welcome at the University of California," said Regent Judith L. Hopkinson, who introduced RE-28. • Anderson, Elizabeth S. (2002). Beginning with the roots of affirmative action, Anderson describes African-American demands for employment in the defense industry - spearheaded by A. Philip Randolph's threatened March on Washington in July 1941 - and the desegregation of the armed forces after World War II. 2000. Assistant Labor Secretary During the November 5, 1996 election, California voters voted 54% to 46% to amend the California Constitution through an initiative commonly known as Proposition 209, or the California Civil Rights Initiative. On March 6, 1961 President John F. 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, color, or national origin." Houston proved that the wording on an initiative is a critical factor in influencing the voters' response. 202(1)): The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The section of the resolution referring to the above statements is as follows: Now, therefore, be it resolved that SP-1 and SP-2 are rescinded by this resolution, and: A. In an effort to promote equal pay, the US Department of Labor promulgated new affirmative action regulations including an Equal Opportunity Survey, which requires federal contractors to report hiring, termination, promotions and compensation data by minority status and gender. 2001. 1963:  Publication of Betty Friedan’s The Feminine Mystique and the feminist movement begins. The bipartisan Glass Ceiling Commission released a report on the endurance of barriers that deny women and minorities access to decision-making positions and issued a recommendation "that corporate America use affirmative action as a tool ensuring that all qualified individuals have equal access and opportunity to compete based on ability and merit.". On March 6, 1961 President John F. 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, color, or national origin." 1997. 2007:  Proposal 2 enacted in Michigan banning preferential treatment of minorities in public college admissions, public employment, public education or public contracting. The act would prohibit race- or gender-based affirmative action in all federal programs. Affirmative action began as a government remedy to the effects of long-standing discrimination against such groups and has consisted of policies, programs, and procedures that give limited preferences to minorities and women in job hiring, admission to institutions of higher education, the awarding of government contracts, and other social benefits. 1970. Bush signs the Civil Rights Act of 1991. Affirmative action focuses on providing equal opportunities in education, business, and employment. 1973:  President Richard M. Nixon signs the Rehabilitation Act of 1973, which requires agencies to submit an affirmative action plan to the EEOC for the hiring, placement, and advancement of individuals with disabilities. The intent of this executive order was to affirm the government's commitment to equal opportunity for all qualified persons, and to take positive action to strengthen efforts to realize true equal opportunity for all. 1997. The Term “Affirmative Action” Enters American Lexicon President John Kennedy issued Executive Order 10925 in 1961. 11246 to include affirmative action for women. 2000. 12138, creating a National Women's Business Enterprise Policy and requiring each agency to take affirmative action to support women's business enterprises. Voters in Houston supported affirmative action programs in city contracting and hiring by rejecting an initiative that would banish such efforts. 1997. 1979. The 10th Circuit issued an opinion in Adarand Constructors v. Mineta, 228 F.3d 1147 (10th Cir. History of affirmative action. OEOD also prepares and distributes an annual Affirmative Action Plan, and compiles data for affirmative action and organizational analysis. 10925used affirmative action for the first time by instructing federal contractors to take "affirmative action to ensure that applicants are treated equally without regard to race, color, religion, sex, or national origin." 1971. NYU Law Review. The concept does not denote equality of intellectual and physical capacity of all men in all places. 10925 used affirmative action for the first time by instructing federal contractors to take "affirmative action to ensure that applicants are treated equally without regard to race, color, religion, sex, or national origin." Prop. He investigates President Kennedy's historic 1961 executive order that introduced the term "affirmative action" during … more history of affirmative action policies from the 1960s 1961. In Adarand Constructors, Inc. v. Pena, 513 U.S. 1012 (1994) the Supreme Court held that a federal affirmative action program remains constitutional when narrowly tailored to accomplish a compelling government interest such as remedying discrimination. As part of its affirmative action program at the time, the school had reserved 16 spots in each entering class for ethnic minority students. Reconstruction tried to establish virtuous relations between the white Europeans & black Africans that made up a giant part of the American society. Affirmative Action. 1995. Of Topeka, Shawnee City., Kan., 347 U.S. 483 (1954) (ended racial segregation in public schools). 77: 1195–271. On September 24, 1965 President Lyndon B. Johnson issued Executive Order 11246, prohibiting employment discrimination based on race, color, religion, and national origin by those organizations receiving federal contracts and subcontracts. Although the constitutionality of the initiative was legally challenged, the U.S. Supreme Court denied further appeal and let stand the new California law on November 3, 1997. 2000. Affirmative action policies in South Africa and other countries have been designed to address inequity and discrimination, and to manage a wide range of diversity in all spheres of life, particularly after the end of apartheid in 1994. 1964. Established the Equal Employment Opportunity Commission (EEOC). A Black lawyer named Hobart Taylor Jr. wrote the phrase in … An unmanned woman celebrates the desegregation of New Orleans Catholic Schools. Federal contractors now required to make good-faith efforts to expand employment opportunities for women and minorities. Many Circuit Courts throughout the country heard cases regarding affirmative action in higher education, including the 5th Circuit in Texas (Hopwood), the 6th Circuit in Michigan (Grutter and Gratz), the 9th Circuit in Washington (Smith), and the 11th Circuit in Georgia (Johnson). For federal contractors employing more than 50 people and having federal contracts totaling more than $50,000, compliance with these regulations includes disseminating and enforcing a nondiscrimination policy, establishing a written affirmative action plan and placement goals for women and minorities, and implementing action-oriented programs for accomplishing these goals. The U.S. Supreme Court declined to hear an appeal of the ruling because the program at issue was no longer in use. The Sixth Circuit handed down its decision in Grutter v. Bollinger, 288 F.3d 732 (6th Cir. By declining to review the case, the court did not decide the case on its merits but allowed Prop. A product of the “new political history” that melds social and cultural change with the force of legal and institutional transformation to reveal the sources of social change, these studies have breathed life into such social policy arenas as health care, old age pensions, and welfare. The history of affirmative action has its roots in the Civil Rights Act of 1964. 1954:  Brown v. Board of Educ. Representative George Gekas (R-Pa.), who moved to table the bill, said that the bill was "useless and counterproductive. Racial discrimination and police brutality sparked riots in the 1960s, and affirmative action was used to calm the unrest, historian Mark Naison says. Students and state lawmakers had urged the repeal, arguing that the ban on "affirmative action" had caused the university to be perceived as inhospitable to minority students. 209 to go into effect. Created the Committee on Equal Employment Opportunity. 2011:  Arizona enacted Proposition 107 banning preferential treatment of minorities in public employment, public education, and public contracting. The history of Affirmative Action dates back to the days when the nation tried to rebuild its society after the civil war. The Supreme Court ruled, 5-4, that while universities may consider an applicant’s race as on… 12432, which directed each federal agency with substantial procurement or grant making authority to develop a Minority Business Enterprise (MBE) development plan. The term "affirmative action" was first introduced by President Kennedy in 1961 as a method of redressing discrimination that had persisted in spite of civil rights laws and constitutional guarantees.

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