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Affirmative action was first created from Executive Order 10925, which was signed by President John F. Kennedy on 6 March 1961 and required that government employers "not discriminate against any employee or applicant for employment because of race
Affirmative action policies were developed to address long histories of discrimination faced by minorities and women, which reports suggest produced corresponding unfair advantages for whites and males. They first emerged from debates over non-discrimination.
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- Background
- District Court Case
- Supreme Court
- Impact
- Reaction
- References
- Further Reading
- External Links
The historical and legal background of the case spans several decades from the 1978 case Regents of the University of California v. Bakke over the 2003 case Grutter v. Bollinger to the 2016 case Fisher v. University of Texas (2016). The U.S. Supreme Court ruled in Bakke, a 1978 landmark decision, that affirmative action could be used as a determini...
Lawsuit
SFFA filed a lawsuit in federal district court against Harvard University on November 17, 2014, representing a group of anonymous Asian American plaintiffs rejected from the university. The suit made the claim Asians were being discriminated against in favor of whites. SFFA was founded by conservative legal strategist Edward Blum, who also founded the Project on Fair Representation, with a goal to end racial classifications in education, voting procedures, legislative redistricting, and emplo...
Plaintiff allegations
In the lawsuit, the plaintiffs claimed that Harvard imposes a soft quota of “racial balancing" that artificially depresses the number of Asian-American applicants admitted to Harvard.The plaintiffs maintained that the percentage of Asians admitted to Harvard was suspiciously similar year after year despite dramatic increases in the number of Asian American applicants, as well as the size of the Asian American population. During the lawsuit, the plaintiffs gained access to Harvard's individual...
Defendant responses
Harvard denies that the discrimination it engaged in was inappropriate and said its admissions philosophy of considering race as one of many factors in its admissions policy complies with the law. The school also says that it receives more than 40,000 applications, that a large majority of applicants are academically qualified, and as a result, it must consider more than grades and test scores to determine admission for its 2,000 available slots. Harvard also stated that its personal rating "...
SFFA petitioned the Supreme Court to review both the First Circuit's decision in the Harvard case, which focused on the impact of the admissions process on Asian Americans, and a similar decision from the Middle District of North Carolina, Students for Fair Admissions v. University of NC, et al., which focused on the impact on both Caucasian and As...
College admissions
Outgoing president of Harvard University Lawrence Bacow said that Harvard will comply with the law but remains steadfast in its belief that "deep and transformative teaching, learning, and research depend upon a community comprising people of many backgrounds, perspectives, and lived experiences".The University of North Carolina also said that they would comply with the law, but were disappointed by the court's decision.
Corporate diversity programs
Will Hild, director of the conservative advocacy group Consumers' Research said that Students for Fair Admissions v. Harvard puts a "wind in the sail" of groups that seek to end diversity, equity, and inclusion programs. Although the case regards education, employers may reassess their policies, according to former Equal Employment Opportunity Commissionlawyer Stephen Paskoff.
Civil rights
President and CEO of the NAACP, Derrick Johnson, said that "affirmative action exists because we cannot rely on colleges, universities, and employers to enact admissions and hiring practices that embrace diversity, equity and inclusion," and that "Race plays an undeniable role in shaping the identities of and quality of life for Black Americans. In a society still scarred by the wounds of racial disparities, the Supreme Court has displayed a willful ignorance of our reality." President and ex...
Universities
President of the University of California system, Michael V. Drake, said in a statement that the ruling ends a "valuable practice that has helped higher education institutions increase diversity and address historical wrongs over the past several decades." University of Southern California president Carol Folt said that "we will not go backward." and that "This decision will not impact our commitment to creating a campus that is welcoming, diverse, and inclusive to talented individuals from e...
Other
Attorney General Merrick Garlandsaid in a statement that "the Department of Justice remains committed to promoting student diversity in higher education using all available legal tools. In the coming weeks, we will work with the Department of Education to provide resources to college and universities on what admissions practices and programs remain lawful following the Court’s decision." Michael Wang, whom USA Todaydescribed as "a poster child for the anti-affirmative action movement" who had...
Works cited
1. "Students for Fair Admissions v. Harvard" (PDF). Supreme Court of the United States. June 29, 2023. Retrieved June 29, 2023.
Espenshade, Thomas J.; Radford, Alexandria Walton (2010). No Longer Separate, Not Yet Equal: Race and Class in Elite College Admission and Campus Life. Princeton University Press. ISBN 978-0-691-14...Harpalani, Vinay (2022). "Asian Americans, Racial Stereotypes, and Elite University Admissions Diversity and Inclusion Issue" (PDF). Boston University Law Review. 102(1): 233–326.McClellan, Cara (2023). "When Claims Collide: Students for Fair Admissions v. Harvard and the Meaning of Discrimination". Loyola University Chicago Law Journal. Forthcoming. SSRN 4465275.Schwarzschild, Maimon; Heriot, Gail L. (2024). "Race Preferences, Diversity, and Students for Fair Admissions: A New Day, a New Clarity". SMU Law Review. SSRN 4696900.Case Profile: Students for Fair Admissions v. HarvardAffirmative action admission at the University of Michigan originated within the promotion of jobs for African Americans through federal policies. It was implemented by Hobart Taylor Jr. Lyndon Johnson, executive vice chairman of the President's Committee on Equal Employment Opportunity (PCEEO). [1]
The phrase affirmative action had appeared previously in Executive Order 10925 in 1961. Background [ edit ] It followed up Executive Order 10479 , signed by President Dwight D. Eisenhower on August 13, 1953, which established the anti-discrimination Committee on Government Contracts, which was itself based on a similar Executive ...
When consideration of Bakke began in the new administration of President Jimmy Carter, early drafts of the brief both supported affirmative action and indicated that the program should be struck down and Bakke admitted. This stance reflected the mixed support.
History DEI policy emerged from Affirmative Action in the United States. [20] The legal term "affirmative action" was first used in "Executive Order No. 10925", [21] signed by President John F. Kennedy on 6 March 1961, which included a provision that government contractors "take affirmative action to ensure that applicants are employed, and employees are treated [fairly] during employment ...
