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Affirmative action has been one of the most controversial and divisive issues of the past 50 years. The policy divides Democrats and Republicans, liberals and conservatives, many African Americans and whites, and some women. A policy designed to redress centuries of discrimination and injustice, affirmative action has been targeted for engaging in alleged reverse discrimination. Moreover, affirmative action has been, in part, responsible for the elevation of millions of African Americans, white women, and other minorities into higher education, business, politics, and industry. The idea of equal opportunity—a key ideal of Americans—has rarely extended to minorities. Liberal politicians, trying to address the lack of opportunity found in African American life, instituted the policy under pressure from civil rights activists, the civil rights movement, and the growing demands for equality of postwar America. Along with the Cold War, American politicians needed to eliminate the oppression of African Americans and prove that the United States was the land of the free.

Definition

Merriam-Webster describes affirmative action as “an active effort to improve the employment of members of minority groups and women,” and as an “effort to promote the rights or progress of other disadvantaged persons.” There are different types of affirmative action: minority and female businesses competing for government contracts; minority and female students applying for admission to colleges and universities; minorities and females applying for admissions into graduate, law, and medical schools; and minorities and females applying for jobs in the private and public sectors. These goals for inclusion of minorities and women can be achieved in a number of ways that are often referred to as race-conscious or gender-conscious measures. For instance, a university can take into account a candidate's race when determining admissions decisions. Universities can justify such race-conscious measures because they serve a compelling educational, societal, and governmental need.

However, affirmative action cannot be used in such a way that discriminates against whites or others. Quotas, for example, are strictly prohibited except in the most narrowly tailored instances in which a court orders such steps to redress the most intransigent employer or educational institution. Last, courts have ruled that affirmative action can be limited, or even eliminated, if it deprives others of their constitutional rights.

Early History

The idea of affirmative action is rather recent in the American imagination. Furthermore, it is completely associated with African Americans in the popular mind-set. Yet affirmative action has been present in the United States since colonial times. The ways in which it has been practiced have been abundant and varied. At Ivy League educational institutions, such as Harvard, Yale, Princeton, Chicago, and Pennsylvania, so-called legacy admissions have long been used. The principle is that children—historically they were usually male—of alumni are given preference in admission decisions. For instance, despite John F. Kennedy's less than stellar academic record in prep school, he was still admitted to Harvard, in part, as the result of his father's status as a 1912 alumni of the university. But the concept also applies to other areas, such as unions and public sector employment. In places such as Boston, New York, and Philadelphia, jobs in law enforcement, emergency services, public utilities, and municipal agencies were long determined by ethnicity, family ties, and partisan concerns.

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