Unit
Years: 1961-Present
Economy & Society
Freedom & Equal Rights
While current debates around Affirmative Action center around the role of race as a factor in college admissions, the very first Affirmative Action policies were intended to eliminate discrimination in hiring decisions and to diversify historically-White workplaces. The term “affirmative action” was first used by President John F. Kennedy in a 1961 Executive Order which stated that employers should “take affirmative action” to ensure that job applicants and employees are treated “without regard to their race, creed, color, or national origin.” Kennedy–followed by Presidents Johnson and Nixon–used his executive powers to quicken the pace of change and open more opportunities for Black Americans, women, and people with disabilities to benefit from the legal victories of the civil rights movement. Presidential policies such as Nixon’s Philadelphia plan forced companies who partnered with the federal government to demonstrate a “good faith” effort to diversify their workforces, and soon colleges and universities were also experimenting with new ways to even the playing field for applicants from marginalized communities.
Not everyone agreed that this was the best course of action. Affirmative Action policies were controversial and faced a great deal of backlash from White Americans who argued that Affirmative Action constituted racial discrimination against White people. The Supreme Court considered this argument in University of California v. Bakke (1978) and ruled that rigid racial quotas in college admissions were unconstitutional. Following Bakke, the court suggested that race could be one of many criteria for admission when such policies are narrowly tailored, temporary, or for a “compelling interest.”
Then in 2023, the Supreme Court severely limited, and in some cases eliminated, Affirmative Action plans in Higher Education after ruling on a case against the University of North Carolina and Harvard College. The decision after a 6-3 vote, was that the schools violated the Constitution’s equal protection clause, which bars racial discrimination by government entities. As it was not a unanimous decision, even Supreme Court justices have spoken out against this decision.
With legal confusion and disputes over Affirmative Action policies, Affirmative Action remains a controversial strategy. The efforts and policies to ensure all Americans have equal opportunity to participate in American society and the role of race in hiring and college admissions will likely generate continuing debates in years to come.
For the future of affirmative action policy, Titles VI and VII proved to be of central importance, a pillar around which future legislation would be crafted.
Title VI, Sec. 601. No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
Title VII, Sec. 703. (a) It shall be an unlawful employment practice for an employer to…discriminate against any individual with respect to his compensation [pay], terms, conditions, or privileges of employment, because of such individual’s race, color, religion or national origin.
Source: Laws of the 88th Congress, 2nd Session (July 2, 1964): 301
Document 5.15.2: Excerpts from President Johnson’s Commencement Address at Howard University, June 4, 1965
Civil rights leaders and the media recognized the far-reaching implications of the President’s address at the historically black college, concerning the effective means of eradicating racism.
“To Fulfill These Rights”
You do not take a person who, for years, has been hobbled by chains and liberate him, bring him up to the starting line of a race and then say, “you are free to compete with all the others.” And still justly believe that you have been completely fair…We seek, not just equality as a right and a theory but equality as a fact and equality as a result…Much of the Negro community is buried under a blanket of history and circumstance. It is not a lasting solution to lift just one corner of that blanket. We must stand on all sides and we must raise the entire cover if we are to liberate our fellow citizens…Perhaps most important…is the breakdown of the Negro family structure. For this, most of all, white America must accept responsibility. If flows from centuries of oppression and persecution of the Negro man…..
There is no single easy answer…
Jobs are part of the answer….
Decent homes…are part of the answer…
Document 5.15.3: Statement by President Nixon on Minority Business Enterprise, March 5, 1969.
In March 1969, President Nixon established the Office of Minority Business Enterprise (OMBE), which sought to support African American and other minority business owners with federal support.
Blacks, Mexican-Americans, Puerto Ricans, Indians, and others must increasingly be encouraged to enter the field of business…not only as workers, but also as managers and owners…
What we are doing is recognizing that in addition to the basic problems of poverty itself, there is an additional need to stimulate those enterprises that can give members of minority groups confidence that…Blacks, Mexican-Americans, and others can participate in a growing economy on the basis of equal opportunity at the top of the ladder as well as on its lower rungs.
Policies or programs designed to address past discrimination and promote equal opportunity for members of disadvantaged groups, often through preferential treatment or quotas in hiring, admissions, or contracting.
A fixed or predetermined limit, quantity, or proportion established for allocation, distribution, or participation in a particular activity, resource, or opportunity, often set by authorities, regulations, or agreements, and intended to ensure fairness, equity, or control over specific outcomes, such as admissions quotas in educational institutions, import quotas on foreign goods, or production quotas in manufacturing industries. Quotas may be based on factors such as population, market demand, or historical precedent, and can impact access, representation, and competitiveness in various sectors.
Landmark legislation passed by the United States Congress that outlawed discrimination based on race, color, religion, sex, or national origin, and ended segregation in public places and employment practices.
The Voting Rights Act of 1965 is landmark federal legislation in the United States that prohibits racial discrimination in voting practices and enforces voting rights protections, particularly for minority voters. It played a pivotal role in combating voter suppression and ensuring equitable access to the ballot.
A landmark Supreme Court case in 1954 that declared racial segregation in public schools unconstitutional, overturning the "separate but equal" doctrine established by Plessy v. Ferguson.
The 35th President of the United States, serving from 1961 until his assassination in 1963, known for his leadership during the Cuban Missile Crisis, his commitment to civil rights and social justice, and his vision of progress and innovation, as articulated in initiatives such as the New Frontier program.
The 36th President of the United States, serving from 1963 to 1969, who succeeded to the presidency following the assassination of President John F. Kennedy, and known for his leadership during the Civil Rights Movement, his Great Society programs, and his escalation of the Vietnam War.
The 37th President of the United States, serving from 1969 to 1974, associated with significant domestic and foreign policy initiatives but overshadowed by the Watergate scandal, leading to his resignation from office in 1974.
An executive order issued by President John F. Kennedy in 1961, which established the Committee on Equal Employment Opportunity (CEEO) and mandated that government contractors take affirmative action to ensure equal employment opportunities regardless of race, color, religion, or national origin. This order marked a significant milestone in the advancement of civil rights and equal opportunity in the United States.
A committee established to monitor and enforce policies related to equal employment opportunity, particularly with regard to preventing discrimination and ensuring fairness and equity in hiring, promotion, and employment practices.
A government initiative implemented in the United States in the late 1960s and early 1970s to promote equal employment opportunities for minority workers, particularly African Americans, through affirmative action measures, including goals and timetables for hiring and promoting minority employees in federally funded construction projects and contractors. The Philadelphia Plan aimed to address racial discrimination and promote diversity and inclusion in the workforce.
University of California v. Bakke was a landmark U.S. Supreme Court case in 1978 that addressed affirmative action in college admissions. The Court ruled that race could be considered as one of several factors in admissions decisions but prohibited the use of racial quotas.