Brief History of Affirmative Action

1961

President John F. Kennedy issues Executive Order 10925, which creates the Committee on Equal Employment Opportunity and mandates that federally funded projects "take affirmative action" to ensure that hiring and employment practices are free of racial bias.

1964

President Lyndon B. Johnson signs the Civil Rights Act, which prohibits discrimination of all kinds based on race, color, religion, or national origin.

1965

President Johnson issues Executive Order 11246 which requires government contractors to "take affirmative action" toward prospective minority employees.

1969

President Richard Nixon initiated the "Philadelphia Order," a plan to guarantee fair hiring practices in construction jobs.

1978

The Supreme Court ruled in Regents of the University of California v. Bakke that while race was a legitimate factor in school admissions, the use of quotas was not constitutional.

1989

In City of Richmond v. Croson, a Richmond program setting aside 30% of city construction funds for black-owned firms was challenged. The Supreme Court ruled that the program violated the equal protection clause of the Fourteenth Amendment.

1995

In, the Supreme Court emphasized that "strict scrutiny" must be used Adarand Constructors, Inc. v. Pena in analyzing affirmative action programs. Strict scrutiny means that the affirmative action program fulfills a "compelling governmental interest" and is "narrowly tailored" to fit the particular situation.

1996

In Hopwood v. University of Texas Law School, the plaintiffs challenged the school's affirmative action program. The 5th Circuit Court of Appeals ruled that any consideration of race is unconstitutional. The Supreme Court declines to review the decision.

1997

Proposition 209 is passed in California, which bans all forms of affirmative action.

In Gratz v. Bollinger, a lawsuit is filed challenging the University of Michigan's undergraduate admissions process.

In Grutter v. Bollinger, a lawsuit is filed challenging the University of Michigan Law School's admissions policy.

1998

Washington State enacts Initiative 200, which abolishes state affirmative action measures.

2002

In Grutter v. Bollinger, the Sixth Circuit Court of Appeals ruled that the University of Michigan's Law School admissions policy is constitutional.

2003

On April 1, 2003, the Supreme Court rule against the University of Michigan's admissions process based on points.