| Affirmative Action (1961-2003) |
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Sections:- John F. Kennedy: Executive Order 10925 (1961)
- Civil Rights Act (1964)
- Lyndon B. Johnson: Executive Order 11246 (1965)
- Richard M. Nixon: Executive Order 11625 (1971)
- US Supreme Court Case: Regents of the University of California v. Bakke 438 U.S. 265 (1978)
- Jimmy Carter: Executive Order 12138 (1979)
- US Supreme Court Case: United Steelworkers of America v. Weber (1979)
- President Ronald Regan: Executive Order 12432 (1983)
- US Supreme Court Case: Local 28 v. EEOC 478 U.S. 421 (1986)
- US Supreme Court Case - Johnson v. Transportation Agency 480 U.S. 616 (1987)
- US Supreme Court Case: Richmond v. J.A. Croson Co. 488 U.S. 469 (1989)
- US Supreme Court Case: Adarand Constructors v. Pena 515 U.S. 200 (1995)
- President William Clinton: Mend it, Don’t End it Speech (July 1995)
- Senator Robert Dole and Representative Charles Canady: Equal Opportunity Act of 1995 (1995)
- US Supreme Court Case: Grutter v. Bollinger 539 U.S. 306 (2003)
- US Supreme Court Case: Gratz v. Bollinger 539 U.S. 244 (2003)
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| Historical Context
President John F. Kennedy's Executive Order (E.O.) 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." Created the Committee on Equal Employment Opportunity.
Attached Document
Included here is Kennedy's Executive Order 10925 from 1961.
Questions to consider
1) What reasons does the document give for its passage?
2) Why is it significant that the government instituted such a policy within itself?
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| Historical Context
This was landmark legislation prohibiting employment discrimination by large employers (over 15 employees), whether or not they have government contracts. The Act, provided below, established the Equal Employment Opportunity Commission (EEOC).
Attached Document
The Civil Rights Act of 1964 is included in this section.
Questions to consider
1) What rights does this act bestow or guarantee?
2)What does this act ensure in terms of employment?
3) What prominent figures do you see in the photo below?
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| Historical Context
President Lyndon B. Johnson issued E.O. 11246, requiring all government contractors and subcontractors to take affirmative action to expand job opportunities for minorities. Established Office of Federal Contract Compliance (OFCC) in the Department of Labor to administer the order. This order was amended in 1967 requiring to make good-faith efforts to expand employment opportunities for women and minorities.
Attached Document
Johnson's Executive Order 11246 is included here.
Question to consider
1) How does this executive order differ from previous legislation?
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| Historical Context
President Nixon issued E.O. 11625, directing federal agencies to develop comprehensive plans and specific program goals for a national Minority Business Enterprise (MBE) contracting program.
Attached Document
Included here is Nixon's Executive Order 11625
Question to consider
1) What are the duties of the Secretary of Commerce in the E.O.?
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| Historical Context
The U.S. Supreme Court in Regents of the University of California v. Bakke, 438 U.S. 265 (1978) upheld the use of race as one factor in choosing among qualified applicants for admission into teh University of California. 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.
Attached Document
Included here is the Supreme Court Case of the Regents of the University of California v. Bakke.
Questions to consider
1) Do you think the Supreme Court ruling was fair? Why or why not?
2)Bakke argued that he was far more qualified than even the most qualified minority applicant. Do you think his experiences as a white male in the U.S. make it easier for Bakke to become so qualified?
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| Historical Context
President Jimmy Carter issued E.O. 12138, creating a National Women's Business Enterprise Policy and requiring each agency to take affirmative action to support women's business enterprises.
Attached Document
Carter's Executive Order 12138 is included in this section.
Question to consider
1) This E.O. does not deal with race. Why is it significant to the history of Affirmative Action?
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| Historical Context
The Supreme Court ruled in United Steel Workers of America, AFL-CIO v. Weber, 444 U.S. 889 (1979) that race-conscious affirmative action efforts designed to eliminate a conspicuous racial imbalance in an employer's workforce resulting from past discrimination are permissible if they are temporary and do not violate the rights of white employees.
Attached DocumentIncluded here is the Supreme Court Case: United Steelworkers of America v. Weber from 1979.
Questions to consider
1) Why was this case brought to court?
2) What kind of discrimination was being argued in this case?
3) What did the court decide? |
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| Historical Context
President Ronald Reagan issued E.O. 12432, which directed each federal agency with substantial procurement or grant making authority to develop a Minority Business Enterprise (MBE) development plan.
Attached Document
Regan's Executive Order 12432 from 1983 is included in this section.
Question to consider
1) What does this E.O. seek to promote?
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| Historical Context
The Supreme Court in Local 28 of the Sheet Metal Workers' International Association v. EEOC, 478 U.S. 421 (1986) upheld a judicially-ordered 29% minority "membership admission goal" for a union that had intentionally discriminated against minorities, confirming that courts may order race- conscious relief to correct and prevent future discrimination.
Questions to consider:
1) What is the central issue in this case?
2) Why is this case important to Affirmative Action history?
3) How did the court decide?
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| Historical Context
The Supreme Court ruled in Johnson v. Transportation Agency, Santa Clara County, California, 480 U.S. 616 (1987) that a severe under representation of women and minorities justified the use of race or sex as "one factor" in choosing among qualified candidates.
Attachd Document
The Supreme Court Case of Johnson v. Transportation Agency of Santa Clara, CA. is included here.
Questions to consider
1) What is the central issue in this case?
2) Why is this case important to Affirmative Action history?
3) How did the court decide?
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| Historical Context
The Supreme Court in City of Richmond v. J.A. 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.
Attached Document
Included here is Richmond v. J.A. Croson from 1989.
Questions to consider
1) What is the central issue in this case?
2) Why is this case important to Affirmative Action history?
3) How did the court decide?
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| Historical Context
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.
Attached Document
Included here is the Supreme Court Case of Adarand Constructors v. Pena from 1995.
Questions to consider
1) What is the central issue in this case?
2) Why is this case important to Affirmative Action history?
3) How did the court decide?
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| Historical Context
President Clinton delivered this major speech in defense of Affirmative Action programs at the National Archives in July 1995.
Attached Document
Clinton's "Mend it, Don't End it Speech from July 1995 is included here.
Questions to consider
1) How does President Clinton view Affirmative Action as a whole?
2) How successful has Affirmative Action been in the past according to this speech?
3) What does he suggest for the future?
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| Historical Context
Senator Robert Dole and Representative Charles Canady introduced the so-called Equal Opportunity Act in Congress. The act would prohibit race- or gender-based affirmative action in all federal programs.
Attached Document
The Equal Opportunity Act of 1995 is included in this section.
Questions to consider
1) How does this act differ from previous executive orders?
2) What would passage of this act mean for minorities?
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| Historical Context
The Supreme Court handed down its decision in Grutter v. Bollinger, 539 U.S. in 2003. 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”. 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.
Attached Document
Included here is the Supreme Court Case of Grutter v. Bollinger.
Questions to consider
1) What is the central issue in this case?
2) Why is this case important to Affirmative Action history?
3) How did the court decide?
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| Historical Context
The Supreme Court handed down its decisions in Gratz v. Bollinger, 539 U.S. in 2003. 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.
Attached Document
The US Supreme Court Case of Gratz v. Bollinger.
Questions to consider
1) What is the central issue in this case?
2) Why is this case important to Affirmative Action history?
3) How did the court decide?
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