HUMAN RIGHTS »» DISCRIMINATION »» AFFIRMATIVE ACTION »» Nov 13, 2023

Affirmative action programs were created in 1965 to redress the effects of past discrimination. Under these programs, minorities - particularly African Americans and women, were given preferential treatment in securing school placement, jobs, promotions and business contracts. The intent of affirmative action programs was also to increase representation of minorities and women in occupations that traditionally had been unavailable to them. However, the racial quotas which were used to ensure minorities were getting good jobs and into good schools were found unconstitutional after complaints of reverse discrimination. Critics claim affirmative action is unconstitutional and has already attained its goals. Supporters claim that without a means to compensate for systematic racial, cultural and economic prejudices, minorities will lose hard-fought representations in our schools, work place and society. Public opinion polls have shown that 75% of Americans oppose affirmative action in college admissions but 68% of Americans favor the principles behind affirmative action. Supreme Court rulings on the legality of school quotas did not overturn affirmative action. Rather, it said universities must first consider non race-based plans to include minorities at their schools and added that affirmative action plans could only be used as a last resort to diversify a student body. A recent Supreme Court ruling makes affirmative action unlawful for colleges to take race into consideration as a specific factor in admissions. The Court’s decision is confusing because it applies past decisions that permitted some affirmative action programs, rather than explicitly overruling them. While the decision will impact admissions policies that have historically benefited Black and Latino students, the ruling still allows colleges and universities to consider an applicant’s discussion of how race has affected their life as long as it is “concretely tied” to a “quality of character or unique ability” that the applicant can bring to the school. Proposed Legislation: Introducing new House legislation to either promote or prohibit affirmative action programs. Prospective Sponsors: Rep. Gwen Moore (WI) and Rep. Paul Gosar (AZ)