As college students, it’s a fair bet to say that we’ve almost all heard of affirmative action. Whether it came up during the college application process or during college admissions period, affirmative action is often present in people’s thoughts when dreaming of getting accepted into a certain school. Most people would define affirmative action as a policy favoring certain minorities in college acceptances, but what is affirmative action officially? Or does it officially exist at all?
Cornell Law School defines affirmative action today as “A set of procedures designed to eliminate unlawful discrimination among applicants, remedy the results of such prior discrimination, and prevent such discrimination in the future.” Essentially, its goal is to eradicate discrimination while also making up for such discrimination in the past. However, the prevailing philosophies behind affirmative action had existed before the phrase “affirmative action,” in the form of anti-discrimination laws. The most famous court case relating to discrimination occurred in 1954, in Brown v. Board of Education, when the Supreme Court ruled that public schools may not exclude minority students from white schools. It declared that the previous doctrine of “separate but equal” facilities, established in Plessy v. Ferguson (1896), was “inherently unequal”.
The term “affirmative action” first appeared in President John F. Kennedy’s Executive Order 10925, in 1961. It mandated government contractors to “take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin.” Government contractors were also required to document their affirmative action programs, which are enforced by the Office of Federal Contract Compliance Programs. Soon after, the Civil Rights Act of 1964 was passed, which prohibited employment discrimination by large employers. It essentially expanded Kennedy’s executive order to include non-government contractors as well, greatly increasing the scope of affirmative action policies.
While professional employment is certainly a major component of affirmative action policies, the most controversial and debated aspect is that of college admissions, and there have been many court cases over schools’ uses of affirmative action. In 1978, in Regents of the University of California v. Bakke, the Supreme Court upheld the use of race as a factor in selecting college applicants for admission. However, it also declared the University of California Medical School’s system of allotting eighteen percent of each entering class to minority students unconstitutional. Therefore, the Supreme Court was ruling that while race could certainly be a factor in admissions decisions, schools could never outright deny students only on the basis of race, as they were doing for non-minorities with eighteen percent of the incoming class.
Colleges’ affirmative action policies are often highly criticized by the public, and several schools have even been taken to court over them. In 1996, the state of California’s Proposition 209 banned public affirmative action programs in employment, education, and contracting. In 1998, the University of California removed the affirmative action section of their application review process. As a result of this ban, UC Berkeley had a 61% drop in admissions of minority students, and UCLA had a 36% drop, proving that the affirmative action had been greatly affecting acceptance rates for minorities.
In 2003, two different court cases arose against the President of the University of Michigan. In Grutter v. Bollinger, Barbara Grutter, who was white, claimed that the University of Michigan’s Law School denied her because they gave minority groups a higher advantage when seeking admission, as compared to similarly qualified non-minority applicants. The Law School determined that although race was considered, it was considered alongside many other factors, and was only considered lightly. In this case, the Supreme Court upheld Michigan, stating that its admissions program helped obtain “an educational benefit that flows from student body diversity.”
In Gratz v. Bollinger, Jennifer Gratz, a white Michigan resident, claimed that the University of Michigan’s Office of Undergraduate Admissions gave an unfair advantage to minorities. However, in this case, the University of Michigan’s affirmative action policy was to add twenty points immediately to any minority applicant’s profile, and a student needed 100 points to be accepted. Gratz claimed that this twenty-point advantage violated the Equal Protection Clause of the Fourteenth Amendment, and the Supreme Court agreed, calling the twenty-point bonus to minorities unconstitutional.
As you can see, affirmative action is a very prominent issue in today’s society, but before you can accurately discuss and take a stance it you must understand what affirmative action actually is and its effects. In future blogs we will explore arguments for and against affirmative action as well as who supports each position.
Sources:
https://www.law.cornell.edu/wex/affirmative_action
http://michiganintheworld.history.lsa.umich.edu/antisweatshop/exhibits/show/exhibit/sole_shifts_focus/affirmative_action
https://www.aaaed.org/aaaed/history_of_affirmative_action.asp