Key Aspects of Affirmative Action Policies to Know for Intro to Ethnic Studies

Affirmative action policies aim to promote equality and diversity in education and the workplace. These policies emerged from landmark legislation and executive orders, addressing historical discrimination and shaping discussions around race and gender in society.

1. Executive Order 10925 (1961)

   • Established by President John F. Kennedy, it mandated that federal contractors take affirmative action to ensure equal employment opportunities.
   • Introduced the term "affirmative action" to promote the hiring of minorities and women in the workforce.
   • Required contractors to report on their efforts to eliminate discrimination in hiring practices.

2. Civil Rights Act of 1964

   • Landmark legislation that prohibited discrimination based on race, color, religion, sex, or national origin in various areas, including employment and education.
   • Established the Equal Employment Opportunity Commission (EEOC) to enforce anti-discrimination laws.
   • Provided a legal framework for affirmative action policies in education and employment.

3. Executive Order 11246 (1965)

   • Expanded upon Executive Order 10925 by requiring federal contractors to implement affirmative action plans.
   • Prohibited discrimination in employment by federal contractors and subcontractors.
   • Mandated that contractors take proactive steps to recruit and promote qualified minorities and women.

4. Philadelphia Plan (1969)

   • Introduced by the Nixon administration, it aimed to address racial imbalances in the construction industry.
   • Required federal contractors to set specific goals and timetables for hiring minority workers.
   • Served as a model for future affirmative action programs in various sectors.

5. Regents of the University of California v. Bakke (1978)

   • Supreme Court case that challenged the use of racial quotas in college admissions.
   • Ruled that while affirmative action is permissible, strict racial quotas are unconstitutional.
   • Affirmed the importance of diversity in higher education but emphasized the need for individualized consideration in admissions.

6. Grutter v. Bollinger (2003)

   • Supreme Court case that upheld the affirmative action policy of the University of Michigan Law School.
   • Confirmed that race can be one of many factors in admissions decisions to achieve diversity.
   • Reinforced the idea that diversity is a compelling interest for educational institutions.

7. Fisher v. University of Texas (2013 and 2016)

   • Supreme Court cases that examined the University of Texas's affirmative action policy in undergraduate admissions.
   • The Court upheld the university's use of race as a factor in admissions, emphasizing the need for a holistic review process.
   • Highlighted ongoing debates about the legality and effectiveness of affirmative action in higher education.

8. Students for Fair Admissions v. Harvard (2022)

   • A legal challenge against Harvard University’s admissions practices, alleging discrimination against Asian American applicants.
   • Focused on the use of race in admissions and its implications for affirmative action policies.
   • The case reflects the ongoing tensions and legal battles surrounding affirmative action in higher education.

9. Mismatch theory

   • A concept suggesting that affirmative action may place students in academic environments where they are less prepared, potentially leading to lower performance and higher dropout rates.
   • Critiques the effectiveness of affirmative action in achieving its intended goals of equity and success for underrepresented students.
   • Sparks debate about the balance between diversity and academic standards in admissions policies.

10. Diversity in higher education and workplace initiatives

    • Focuses on creating inclusive environments that reflect the diversity of society in educational institutions and workplaces.
    • Involves policies and programs aimed at recruiting, retaining, and promoting individuals from diverse backgrounds.
    • Aims to enhance learning experiences, foster innovation, and address historical inequalities in access to education and employment.