Reference
LEADING ISSUES TIMELINES
2013
Compiled by ProQuest staff. Copyright © 2013 ProQuest LLC. All rights reserved.
Affirmative Action Timeline
Background
Affirmative action is designed to promote access to opportunities in
education, employment, housing, and government contracts among
certain designated groups, such as women and minorities. The
modern concept of affirmativeaction can be traced back to World
War II. In 1941, President Franklin Roosevelt issued Executive Order
8802 (E.O. 8802) to bar defense contractors from engaging in racial
discrimination. E.O. 8802 also created a Fair Employment Practices
Committee (FEPC) to investigate and deal with alleged employment
discrimination. During its five-year existence, FEPC investigated more
than 14,000 complaints of discrimination. However, since the FEPC
lacked any real enforcement power, it could not compel compliance by
employers.
1961
The Signing of the Civil
Rights Act
Probably the greatest
successes of the Great Society
were several pieces of civilrights legislation. After John F.
Kennedy's assassination,
President Johnson called for
passage of the stalled Civil
Rights Act as a fitting memorial
for the murdered president. The
act outlawed racial
discrimination in hotels and
restaurants, and enabled the
Attorney General to bring suits
for school desegregation. In
this photograph, President
Lyndon Johnson signs the Civil
Rights Act, witnessed by Dr.
Martin Luther King Jr.
President John F. Kennedy uses the term affirmative action in E.O.
10925, an order requiring federal contractors to pledge nondiscrimination and ensure equal
opportunity. Noncompliance of E.O. 10925 can result in penalties, such as the suspension of a
contract.
1962
Nov.: The Southern Christian Leadership Conference begins Operation Breadbasket in Atlanta,
Georgia. This Operation, which spreads across the country, involves targeting local businesses and
threatening boycotts unless more African Americans are hired.
1963
The National Urban League introduces a 10-point integration plan to close the gap between African
Americans and whites. Two of the points in the League's proposed program involve "[a] conscious
planned effort" to place qualified African Americans in all types of jobs and the use
ofaffirmative action in housing.
1964
Congress passes the Civil Rights Act of 1964, codifying the right to equal opportunity in employment
and the right to nondiscrimination in public accommodations. It seeks to end legal discrimination with
respect to race, color, national origin, religion, and sex.
1965
The Office of Federal Contract Compliance is created. This Office is responsible for making certain that
all employers that conduct business with the federal government adhere to
the affirmative action and equal employment opportunity (EEO) provisions of their contracts. In
1971, the Office of Federal Contract Compliance becomes part of the Employment Standards
Administration and its name is changed to the Office of Federal Contract
Compliance Programs (OFCCP). In 1978, the government contract compliance functions are
consolidated into the Department of Labor under the OFCCP.
Sept. 24: President Lyndon B. Johnson signs E.O. 11246: Equal Employment Opportunity. E.O. 11246
states that "[t]he contractor will takeaffirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to their race, creed, color, or national
origin." In 1967, it is amended to include women in the protected categories.
1968
April: Congress passes the Civil Rights Act of 1968, also known as the Fair Housing Act, to ban
discrimination based on race, color, national origin, and religion the rental, financing and sale of
housing. In 1974, Congress amends the Act to prohibit discrimination based on sex. In 1988, families
with children and people with disabilities are added to the protected classes.
1969
March 5: President Richard M. Nixon signs E.O. 11458, which establishes the national Minority
Business Enterprise (MBE). On October 13, 1971, President Nixon issues E.O. 11625, which prescribes
federal agencies to develop comprehensive plans and specific program goals for the MBE contracting
program.
President Richard Nixon issues his Philadelphia Plan to require contractors working on large federally
funded construction projects to establishaffirmative action goals and timetables.
1970
Jan. 23: The Labor Department, under President Richard M. Nixon, issues Order No. 4, which extends
the Philadelphia Plan to include nearly all federal contractors. In 1971, this order is revised to
include women.
1971
Sept.: The U.S. Equal Employment Opportunity Commission (EEOC) releases a report that shows
a continued bias in the workplace against women and African Americans. Only 1.7% of AfricanAmerican workers and 2.7% of all women workers hold managerial or policymaking jobs.
1974
Congress amends the Civil Rights Act of 1968 to prohibit discrimination based on sex.
1977
The Public Works Employment Act of 1977 requires that a state or local government set aside 10% of
the federal money it receives to obtain services or supplies from minority or women contractors. In
1980, this Act is challenged in the U.S. Supreme Court case, Fullilove v. Klutznick.(see first entry for
1980)
A Gallup Poll survey shows that 83% of Americans favor basing college admissions and hiring on
ability, not affirmative action.
1978
June: In Regents of the University of California v. Bakke, the U.S. Supreme Court strikes down a state
medical school admissions policy that set aside a specific number of seats for minority candidates. The
Supreme Court holds that medical school admission policies that allow for positions based on race
produced "reverse discrimination" and are, thus, unconstitutional.
1979
May 18: President Jimmy Carter issues E.O. 12138 to establish a National Women's Business
Enterprise Policy. E.O. 12138 requires federal departments and agencies to
take affirmative action to support women's business enterprises.
June 27: The U.S. Supreme Court rules in United Steel Workers of America, AFL-CIO-CLC v. Weber et
al. that the Civil Rights Act "does not condemn all private, voluntary, raceconscious affirmative action plans."
1980
July: In Fullilove v. Klutznick, the U.S. Supreme Court upholds an affirmative action program for
federal contractors. (see first entry for 1977)
1981
An advisory panel for the Ronald Reagan Administration criticizes the EEOC for having created a "new
racism" and recommends that the EEOC laws be eased so that those accusing businesses of
discrimination would have to provide much more evidence.
1983
President Ronald Reagan issues E.O. 12432 to require federal agencies with substantial procurement
or grant making authority to develop minority business development plans.
1985
Defenders of affirmative action thwart Attorney General Edwin Meese III and others in the Reagan
Administration from weakening E.O. 11246, the 20-year-old executive order for equal employment
opportunity. (see entry for September 24, 1965)
1986
May: A study in the Harvard Business Review shows that few African Americans are moving into
the top ranks of U.S. corporations. The author of the study, business consultant Edward W. Jones,
concludes that African Americans are making little progress "because the pressure
foraffirmative action for minorities and women has lost steam."
May: In Wygant v. Jackson Board of Education, the Supreme Court holds that a school board's layoff
policy granting preference to minority employees is in violation of the Equal Protection Clause.
July 2: The U.S. Supreme Court holds in Sheet Metal Workers' International Association v. EEOC, that
a judicially-ordered 29% minority membership goal for a union that had intentionally discriminated
against minorities is permissible. According to the Court, "such relief may be appropriate where an
employer or a labor union has engaged in persistent or egregious discrimination, or where necessary
to dissipate the lingering effects of pervasive discrimination."
1987
Feb. 25: In United States v. Paradise, the U.S. Supreme Court reviews a court order that the Alabama
Department of Public Safety implement a promotion scheme that requires the hiring of one qualified
black police officer or support person applicant for every white hired. The Court affirms the order,
maintaining that a one-for-one requirement is needed to eliminate the effects of discrimination.
March 24: The U.S. Supreme Court rules in Johnson v. Transportation Agency that it is not
unreasonable to use gender as one factor among many in choosing among qualified candidates.
1988
March: The Civil Rights Restoration Act mandates that an entire organization comply with antidiscrimination requirements, not just the specificprograms within larger organizations that directly
receive federal dollars. This Act corrects the Supreme Court decision, Grove City College v.
Bell (1984), which limited the government's ability to withhold federal funds from organizations that
discriminated on the basis of race or sex.
1989
June: In City of Richmond v. J.A. Croson, the Supreme Court holds that general assertions of past
racial discrimination cannot be used to justify the use of racial quotas for the awarding of public
contracts.
1991
The Civil Rights Act of 1991 is passed. This act places the burden on the employers to show they did
not discriminate. This act was created "[t]o amend the Civil Rights Act of 1964 to strengthen and
improve Federal civil rights laws, to provide for damages in cases of intentional employment
discrimination, to clarify provisions regarding disparate impact actions, and for other purposes."
1992
June: In United States v. Fordice, the Supreme Court holds that the
state of Mississippi must take affirmativeaction after it fails to
dismantle the effects of previous segregation in eight public
universities.
1995
March: The Federal Glass Ceiling Commission releases a report on
barriers that deny women and minorities access to jobs in upper
management.
June: The Supreme Court rules in Adarand Constructors v. Pena that
federal affirmative action programs must fulfill a "compelling
government interest." Furthermore, as with the City of Richmond v.
Croson (1989), the Court calls for "strict scrutiny"
of affirmative action programs.
July: President Bill Clinton declares his support
for affirmative action programs by announcing a policy of"mend it,
don't end it."
July 20: The Regents of the University of California vote to
end affirmative action programs at all University of
California campuses. These changes are implemented in 1997 for
graduate schools and in 1998 for undergraduate admissions.
Less Diversity at Berkeley
THE UNIVERSITY OF
CALIFORNIA, BERKELEY OCTOBER 19, 2000: Sproul
Plaza, the main thoroughfare at
Berkeley, is bustling with a less
racially-diverse lunchtime
crowd than usual. In 1996,
California voters approved
Proposition 209, a ballot
initiative that
bannedaffirmative action at all
state institutions. Enrollment of
African-American, Hispanic and
Native American students
plunged at Berkeley, while the
Asian-American population
continued to rise. AsianAmerican students now make
up about 45 percent of
incoming freshmen, white
students 30 percent, Hispanic
students 9 percent and AfricanAmericans only 4 percent.
(Photo by Lara Jo
Regan/Liaison)
July 27: Senator Robert Dole and Representative Charles Canady introduce the Equal Opportunity
Act in Congress that would end all Federal affirmative action. In 1997, the measure is scuttled after
receiving strong bipartisan opposition.
1996
California adopts Proposition 209 to ban affirmative action.
March: In Hopwood v. Texas, the Fifth Circuit Court of Appeals holds that the University of Texas Law
School'saffirmative action program is unconstitutional because it violates equal protection. The
University appeals the decision, but the U.S. Supreme Court declines to review the case.
1997
In response to the Hopwood v. Texas decision in 1996, the Texas legislature passes the Texas Ten
Percent Plan. This Plan gives the top 10% of students at all high schools in Texas guaranteed
admission to state universities in Texas.
1998
Washington State enacts Initiative 200 to eliminate state affirmative action measures in public
employment, education, and contracting.
1999
A national survey conducted by The Seattle Times reveals sharp divisions among whites in their
support for affirmative action, while the majority of minorities polled support it. The majority of
whites believe that affirmative action is more problematic than beneficial.
2000
Jan.: The Florida legislature passes the "One Florida Plan" to abolish affirmative action in public
schools and public contracting. The Program also includes the Talented 20% Plan to guarantee the top
20% of students at high schools in Florida admission to the University of Florida system.
2003
June 23: In Gratz v. Bollinger, the U.S. Supreme Court strikes down
the University of Michigan's use of racial preferences in undergraduate
admissions, holding that it violates the Equal Protection Clause of the
U.S. Constitution. The university used an affirmative action policy
for undergraduate admissions that awarded 20 points for blacks,
Hispanics and Native Americans on an admissions rating scale. The
Court reasons that the automatic distribution of 20 points to every
single minority applicant solely because of race failed to provide
individualized consideration and was not "narrowly tailored."
June 23: In Grutter v. Bollinger, the U.S. Supreme Court upholds that
the Equal Protection Clause of the U.S. Constitution does not prohibit
the University of Michigan Law School's "narrowly tailored use
of race in admissions decisions to further a compelling interest in
obtaining the educational benefits that flow from a diverse student
body."
Affirmative Action Rally
WASHINGTON - APRIL 1, 2003:
Nyssa Payne, a student at
Coolidge High School in
Washington, DC, shouts slogans
as she protests to
defend affirmative actionduring
a rally outside the U.S. Supreme
Court in Washington, D.C. The
Supreme Court heard oral
arguments in the University of
Michigan affirmativeaction case
to see if the school can consider
race in the undergraduate and
law school admissions. (Photo
by Alex Wong/Getty Images)
2006
Dec. 22: Proposal 2 goes into effect in Michigan to ban the use of race and gender preferences in
public college admissions. Following the passage of this measure, in 2007, the University of
Michigan suspends affirmativeaction. In 2012, a federal appeals court invalidates the Michigan ban.
2007
The U.S. Supreme Court strikes down racial diversity plans for public school enrollment in Seattle,
Washington, and Louisville, Kentucky. The Court holds that the plans rely too heavily on race.
2008
Feb.: A study published by the University of California-Los Angeles in the
journal InterActions suggests that Asian-Americans are held to a higher standard than whites when
top colleges take applicants' race and ethnicity into account in admissions.
May: The Tomas Rivera Policy Institute (TRPI) releases a report, African-American and Latino
Enrollment Trends among Medicine, Law, Business and Public Affairs Graduate Programs, which links
anti-affirmative action policies to minority gaps in credentials.
2009
June 29: In Ricci v. DeStefano, the U.S. Supreme Court rules in favor of a group of white firefighters
who accused the city of New Haven, Connecticut, of racial discrimination when the city threw out a
promotional examination on which they had done well and African-American firefighters poorly.
2010
Feb. 4: A University of Notre Dame panel on jobs and races indicates that black workers have a much
higher unemployment rate than white workers in the recession. Dr. Marty Wolfson, professor of
economics and policy at the University of Notre Dame, argues that affirmative actionhas failed to
deal with racism, discrimination and stereotyping.
2011
March: The March issue of Developmental Psychology reveals that African American teenagers are
more supportive than whites of affirmativeaction.
Nov. 30: The Obama Administration proposes campus diversity guidelines for colleges and
universities.
2012
Feb.: The U.S. Supreme Court agrees to hear a case involving race-conscious admissions at a
university.
Aug.: Brazil enacts a law requiring public universities to reserve half their seats for poor students
from public schools.
Nov.: The Sixth US Circuit Court of Appeals in Cincinnati strikes down Michigan's state constitutional
amendment that banned affirmative actionin public education.
2013
June 24: The U.S. Supreme Court, in a 7-to-1 affirmative action decision on Fisher v. University of
Texas, No. 11-345, sends the case back to a lower court, ruling that courts need to take a skeptical
look at affirmative action programs at public colleges and universities.