Affirmative Action

Affirmative Action

In the United States, Affirmative Action is one of the government programs to overcome the effects of past societal discrimination by allocating jobs and resources to members of specific groups, such as minorities and women. The policy was put forth by federal agencies enforcing the Civil Rights Act of 1964 and two executive orders, which provided that government contractors and educational institutions receiving federal funds develop such programs. The Equal Employment Opportunities Act (1972) set up a commission to enforce such plans.

The establishment of racial quotas in the name of affirmative action brought the charges of so-called reverse discrimination into the late 1970s. Although the U.S. Supreme Court accepted such an argument in the case University of California v. Bakke (1978), it let existing programs stand and it also approved the use of quotas in 1979 in a case involving voluntary affirmative-action programs in unions and private businesses. In the 1980s, the federal government's role in affirmative action was considerably diluted. In three cases in 1989, the Supreme Court undercut court-approved affirmative action plans by giving greater standing to claims of reverse discrimination, voiding the use of minority set-asides where past discrimination against minority contractors was unproven, and restricting the use of statistics to prove discrimination, since statistics did not prove intent.

The Civil Rights Act of 1991 reaffirmed a federal government's commitment to affirmative action, but a 1995 Supreme Court decision placed limits on the use of race in awarding government contracts; the affected government programs were revamped in the late 1990s to encompass any person who was "socially disadvantaged." In the late 1990s, in a public backlash against perceived reverse discrimination, California and other states banned the use of race- and sex-based preferences in state and local programs. In Europe, the European Court of Justice has upheld (1997) the use in the public sector of affirmative-action programs for women, establishing a legal precedent for the nations of the European Union.