Legal Expert Paper : Affirmative Action

Proponents of affirmative action believe that it is a necessary step toward racial equality. Opponents argue on the basis of “reverse racism,” which claims that affirmative action keeps certain members of the majority ethnic group out of jobs or other positions that they deserve solely because of quotas that must be filled. The positive effects of affirmative action are the basis behind the arguments of those who support considering ethnicity and race as a part of admissions.

The Founding Fathers wanted all men to be treated equal. The Declaration of Independence states, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights that among these are Life, Liberty and the pursuit of Happiness” (Jefferson, 1776). Unfortunately, equality for everyone has not been truly realized. The main issues affected were people’s skin color and gender. Women and people of color were not considered to be equal for many years. To correct this issue Affirmative Action was implemented. Affirmative Action helped people of color and women to be considered for jobs and accepted into colleges equally among other candidates. Today, equality between races and genders has improved, although Affirmative Action should be modified to meet the needs of today’s society.

Affirmative action is a policy or a program that seeks to redress past discrimination of minorities through active measures in order to ensure equal opportunity, as in education and employment. In other words, it is policy that was established to hopefully eliminate racial preference and equalize the United States. The fight against discrimination has been a long lasting one that started with the case of Plessy vs. Ferguson, which ended in the desegregation of all schools (Ficker). Affirmative action was put into place in 1965 when President Lyndon B. Johnson signed the Executive Order that mandated government contractors to “take affirmative action” in all aspects of hiring and employing minorities (Brunner). Upon its arrival, the policy

Affirmative action policies have been in place since 1957 (Rubio 144). Presidents Kennedy and Johnson signed executive orders in 1961 and 1964, respectively, requiring government agencies and their contractors to take 'affirmative' steps to ensure minority participation. Johnson's order was modified two years later to include women. The Civil Rights Act of 1964 outlawed discriminatory hiring, promotion, and retention practices in both the private and public sectors, and established the Equal Employment Opportunity Commission.

According to Newman, affirmative action is a “program designed to seek out members of minority groups for positions from which they had previously been excluded, thereby seeking to overcome some institutional racism” (Newman, 536). Affirmative action made its debut with a piece of legislature passed by President Lyndon Johnson in 1964 and continues to this day. However, the concept of affirmative action is a controversial issue that continues to be hotly debated.

Affirmative action was an outcome of the Civil Rights Movement during the 1960s. In the past, affirmative action has been used to improve opportunities with education and employment for excluded minority groups in American society President Kennedy was the first to use this term “in an Executive order that directed 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” (Affirmative Action, 2014).

July 6, 1964: President Lyndon B. Johnson signs The Civil Rights Act, which prohibits racial discrimination and mentions the use of “affirmative action to overcome the effects of prior discrimination.”

Affirmative Action began in 1965 when President Johnson signed the Executive Order 11246 in to law. The Executive Order prevents federal contractors from discriminating against any employee or applicant for employment because of race, color, religion, sex, or national origin. The phrase “affirmative action” was first coined, when federal contractors were required to take affirmative action to ensure that applicants were not discriminated against in anyway. When affirmative action was created, it only included minorities. In 1967, Johnson decided to expand the program to include women because women were discriminated against much like minorities. In the 60’s, 70’s and 80’s, affirmative action was a method used to stop

The Affirmative Action Act was created to ensure that minority groups and women were given the same opportunities in education and employment that were traditionally afforded to white males. According to the National Conferences of State Legislatures, affirmative action is, “…an outcome of the 1960’s Civil Rights Movement, intended to provide equal opportunities for members of minority groups and women in education and employment. In 1961, President Kennedy was the first to use the term "affirmative action" in an Executive Order that directed 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." The Executive Order also established the President’s Committee on Equal Employment Opportunity, now known as the Equal Employment Opportunity Commission (EEOC)” (NCLS, 2014). Affirmative action was further reinforced in 1965 by President Lyndon Johnson when he signed an executive order requiring government contractors to increase the number of minorities that are offered employment.

In the past, most California public agencies believed that affirmative action was an effective tool in the fight to correct discrimination. The main intent of affirmative action was to protect women, minorities and handicap individuals from discrimination (Hill, 1998,1). Affirmative action has been used in areas such as public employment, education and contracts. But today, some public agencies are questioning the meaning of affirmative action. The opponents of affirmative action believe that it encourages preferential hiring practices and reverse discrimination. They have also taken a strong stance towards the elimination of affirmative action through the

Affirmative Action remains one of the more complicated and controversial topics dealt with in American society. Affirmative Action is an action or policy designed to protect specific groups who suffer from discrimination, and provide them with programs and special opportunities. These government or private programs were designed to set right historical injustices towards the members of these groups who have suffered things like employment and educational disadvantages from racial discrimination. The goal for these actions are to redress past wrong doings by fixing things like inequalities in employment and pay, as well as increasing opportunities for education. By achieving this, the outcome would restore equal access and opportunity in favor of the members of these groups. These groups generally consist of certain minorities that have suffered from social ills such as slavery and segregation.

Affirmative Action is an outcome of the 1960’s Civil Rights Movement. Its purpose is to provide equal opportunities for members of minority groups and women in education and employment. It is not until 1961 did the term “affirmative action” was first used by President John F. Kennedy. He made it very clear in an Executive Order that directed government have to take “affirmative action to ensure that applicants are employed, and employees are treated during employment, without regard to their race, creed, color, or national origin.” Since a lot of cooperation still tends to hire white male, by enforcing affirmative action, the number of minority groups and women in the labor force will increase.Affirmative Action helps to eliminate the imbalance in the society and reform the American system. The US Department of Labor describes affirmative action as the banning of discrimination.

Discrimination and segregation have been inbred into America’s history from day one. Therefore, there have been many laws and bills passed to break down barriers between privileged whites and unfortunate minorities. Among these government actions are the 14th Amendment, Equal Pay Act, and the Civil Rights Acts. John F. Kennedy perhaps created one of the most heavily debated policies today, his Affirmative Action Policy. Affirmative action is defined as, “the practice of improving the educational and job opportunities of members of groups that have not been treated fairly in the past because of their race, sex, etc.” (“Definition of AFFIRMATIVE” 1). The definition itself is vague and open for a good deal of interpretation which causes much of today’s debates. The most recent interpretation of Affirmative Action came from the Fisher vs. University of Texas at Austin (UT of Austin). Fisher was a white individual who was denied acceptance into the university, and then filed a lawsuit against them. Fisher lost the case at the Supreme Court level in 2013, but the case returned in 2016 again with a much closer vote, so affirmative action is losing some of its power and will continue to be challenged for years to come, but is it worth the challenge (Kut.org 1)? Affirmative Action has served a vital role in the integration of race into universities and the workforce, but now it is outdated and an unnecessary requirement for schools and businesses.

Affirmative action took place in March 1961, as J.F. Kennedy sign the order. Kennedy wanted to conclude his decision by saying, “We seek not just equality as a right and theory, but equality as a fact, and as a result.” As time went by, affirmative action started to make a change. For example,

Student affairs and higher education professionals must be familiar with legal obligations in regards to their diversity efforts policies in order to be fully compliant and successful in their endeavors.