Essay on Affirmative Action

Affirmative Action Term Papers

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Affirmative Action as defined by the Meriam Webster's Dictionary is an active


effort to improve the employment or educational opportunities of members of minority


groups or women. In 1961 John F.Kennedy issued an executive order calling for


Affirmative Action as a means to promote equal opportunity for racial minorities, in


hiring by federal contractors. This was the first official use of the term by the Federal


Government. Eight years later Nixon as President beefed up the Office of Federal


Compliance Programs, which along with the Equal Employment Opportunity


Commission has become one of the governments two main enforcers of affirmative


action policy.


Such efforts have vastly expanded opportunities for American students of African


decent. However they have also touched off complaints from many whites that


American students of African decent are benefiting from reverse discrimination. Under


the equal opportunity act of 1972 most federal contractors, subcontractors, all state


and government institutions (including universities) must initiate plans to increase the


proportions of their female and minority employees until they are equal to the


proportions existing in the available labor market.Affirmative action plans that


establish racial quotas were declared unconstitutional by the Supreme Court in the


case of Regents of University of California v. Bakke in 1978. This case arose when


the medical school of the University of California at Davis twice rejected Allen Bakke's


application while admitting members of racial minorities who had lower test scores.


Bakke charged that the medical school's policy of setting aside 16 of the 100


positions for racial minorities was a violation of the equal protection clause of the 14th


amendment. In a complex 5-4 decision the Supreme Court ordered


that Bakke be admitted. The court ruled that even though universities may consider


race and ethnic origins as a factor in evaluating candidates for admission, they may


not establish fixed racial quotas. In 1984 the Supreme Court struck down a Richmond


ordinance intended to quarntee Americans of African decent other minorities a greater


share of the city's construction contracts. The decision not only threatened similar


programs in 36 states, but also opened the 1door to legal attacks against other


racially based government schemes. A key component of the


court ruling was the requirement that all government distinctions based on race be


subject to "strict scrutiny." This means that public sector affirmative action programs


are valid only if they serve the compelling...

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