Affirmative Action

Measures taken by the federal government since the 1960s to benefit African Americans and other minorities in order to achieve greater equality. The phrase “affirmative action” originated in 1961 with an executive order issued by President John F. Kennedy (1961–1963). Setting the goal of achieving “equal opportunity” in federally funded projects, Kennedy said contractors should “take affirmative action” to make sure the hiring of workers was free of racial bias.

Most scholars, however, credited the concept of affirmative action to Kennedy's successor, President Lyndon B. Johnson (1963–1969). The year after winning passage of the Civil Rights Act of 1964, Johnson told the graduating class at Howard University that ending discrimination was not enough. Advocates for minority rights took up Johnson's call for “equality as a fact and as a result.” They insisted on “goals and timetables” that would measure racial progress in numbers. This triggered a backlash, particularly among white conservatives, who argued that the law demanded equal treatment for individuals, not equal results for groups.

In a series of lawsuits that reached the Supreme Court, the justices grappled with the practical meaning of equality in the law and in society. In a nation whose history includes black slavery and blatant racial bias, is it acceptable for employers and colleges to give qualified black applicants an edge in order to achieve overall equality, or does that system of advantages for some violate the rights of whites who lose out?

The Court found itself as divided and uncertain as the nation. The justices were unable to agree on clear, decisive rulings that either allowed the “affirmative” use of race, or rejected it entirely. In the most significant opinions, however, the Court left the door open for employers and colleges to make a limited use of affirmative action.

Viewpoints

A political cartoonist expresses the view that, because the Supreme Court ruled that affirmative action policies are subject to strict examination, African Americans and other minorities still face discrimination, much as they did before the Civil War (1861–1865). (Mike Peters. Reprinted by permission: Tribune Media Services)