affirmative action (redirected from Positive action)

affirmative action, in the United States, programs to overcome the effects of past societal discrimination by allocating jobs and resources to members of specific groups, such as minorities and women. The policy was implemented by federal agencies enforcing the Civil Rights Act of 1964 and two executive orders, which provided that government contractors and educational institutions receiving federal funds develop such programs. The Equal Employment Opportunities Act (1972) set up a commission to enforce such plans. The establishment of racial quotas in the name of affirmative action brought charges of so-called reverse discrimination in the late 1970s. Although the U.S. Supreme Court accepted such an argument in Regents of the University of California v. Bakke (1978), it let existing programs stand and approved the use of quotas in 1979 in a case involving voluntary affirmative-action programs in unions and private businesses. In the 1980s, the federal government's role in affirmative action was considerably diluted. In three cases in 1989, the Supreme Court undercut court-approved affirmative action plans by giving greater standing to claims of reverse discrimination, voiding the use of minority set-asides where past discrimination against minority contractors was unproven, and restricting the use of statistics to prove discrimination, since statistics did not prove intent. The Civil Rights Act of 1991 reaffirmed a federal government's commitment to affirmative action, but a 1995 Supreme Court decision placed limits on the use of race in awarding government contracts; the affected government programs were revamped in the late 1990s to encompass any person who was "socially disadvantaged." In the late 1990s, in a public backlash against perceived reverse discrimination, California and other states banned the use of race- and sex-based preferences in state and local programs. A 2003 Supreme Court decision concerning affirmative action in universities allowed educational institutions to consider race as a factor in admitting students as long as it was not used in a mechanical, formulaic manner. In Europe, the European Court of Justice has upheld (1997) the use in the public sector of affirmative-action programs for women, establishing a legal precedent for the nations of the European Union.

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affirmative action

In the U.S., the effort to improve the employment and educational opportunities of women and members of minority groups through preferential treatment in job hiring, college admissions, the awarding of government contracts, and the allocation of other social benefits. First undertaken at the federal level following passage of the landmark Civil Rights Act of 1964, affirmative action was designed to counteract the lingering effects of generations of past discrimination. The main criteria for inclusion in affirmative action programs are race, sex, ethnic origin, religion, disability, and age. The Supreme Court of the United States placed important limitations on affirmative action programs in its 1978 ruling in Regents of the University of California v. Bakke; several subsequent Supreme Court decisions (e.g., Adarand Constructors v. Pena in 1995 and Texas v. Hopwood in 1996) imposed further restrictions. In 1996 California voters passed Proposition 209, which prohibited government agencies and institutions from discriminating against or giving preferential treatment to individuals or groups on the basis of race, sex, colour, ethnicity, or national origin. Similar measures were subsequently passed in other states. In 2003, in two landmark rulings involving admission to the University of Michigan and its law school, the U.S. Supreme Court reaffirmed the constitutionality of affirmative action but ruled that race could not be the preeminent factor in such decisions.