waveflyer
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Sept. 24, 1965 Executive Order 11246 enforces affirmative action for the first time
Issued by President Johnson, the executive order requires government contractors to "take affirmative action" toward prospective minority employees in all aspects of hiring and employment. Contractors must take specific measures to ensure equality in hiring and must document these efforts. On Oct. 13, 1967, the order was amended to cover discrimination on the basis of gender.
The Philadelphia Order
Initiated by President Richard Nixon, the "Philadelphia Order" was the most forceful plan thus far to guarantee fair hiring practices in construction jobs. Philadelphia was selected as the test case because, as assistant secretary of labor Arthur Fletcher explained, "The craft unions and the construction industry are among the most egregious offenders against equal opportunity laws . . . openly hostile toward letting blacks into their closed circle." The order included definite "goals and timetables." As President Nixon asserted, "We would not impose quotas, but would require federal contractors to show 'affirmative action' to meet the goals of increasing minority employment."
June 28, 1978 Regents of the University of California v. Bakke
This landmark Supreme Court case imposed limitations on affirmative action to ensure that providing greater opportunities for minorities did not come at the expense of the rights of the majority—affirmative action was unfair if it led to reverse discrimination. The case involved the Univ. of California, Davis, Medical School, which had two separate admissions pools, one for standard applicants, and another for minority and economically disadvantaged students. The school reserved 16 of its 100 places for this latter group.
Allan Bakke, a white applicant, was rejected twice even though there were minority applicants admitted with significantly lower scores than his. Bakke maintained that judging him on the basis of his race was a violation of the Equal Protection Clause of the Fourteenth Amendment. The Supreme Court ruled that while race was a legitimate factor in school admissions, the use of such inflexible quotas as the medical school had set aside was not. The Supreme Court, however, was split 5–4 in its decision on the Bakke case and addressed only a minimal number of the many complex issues that had sprung up about affirmative action.
July 2, 1980 Fullilove v. Klutznick
While Bakke struck down strict quotas, in Fullilove the Supreme Court ruled that some modest quotas were perfectly constitutional. The Court upheld a federal law requiring that 15% of funds for public works be set aside for qualified minority contractors. The "narrowed focus and limited extent" of the affirmative action program did not violate the equal rights of non-minority contractors, according to the Court—there was no "allocation of federal funds according to inflexible percentages solely based on race or ethnicity."
May 19, 1986 Wygant v. Jackson Board of Education
This case challenged a school board's policy of protecting minority employees by laying off non-minority teachers first, even though the non-minority employees had seniority. The Supreme Court ruled against the school board, maintaining that the injury suffered by non-minorities affected could not justify the benefits to minorities: "We have previously expressed concern over the burden that a preferential-layoffs scheme imposes on innocent parties. In cases involving valid hiring goals, the burden to be borne by innocent individuals is diffused to a considerable extent among society generally. Though hiring goals may burden some innocent individuals, they simply do not impose the same kind of injury that layoffs impose. Denial of a future employment opportunity is not as intrusive as loss of an existing job."
Sept. 24, 1965 Executive Order 11246 enforces affirmative action for the first time
Issued by President Johnson, the executive order requires government contractors to "take affirmative action" toward prospective minority employees in all aspects of hiring and employment. Contractors must take specific measures to ensure equality in hiring and must document these efforts. On Oct. 13, 1967, the order was amended to cover discrimination on the basis of gender.
The Philadelphia Order
Initiated by President Richard Nixon, the "Philadelphia Order" was the most forceful plan thus far to guarantee fair hiring practices in construction jobs. Philadelphia was selected as the test case because, as assistant secretary of labor Arthur Fletcher explained, "The craft unions and the construction industry are among the most egregious offenders against equal opportunity laws . . . openly hostile toward letting blacks into their closed circle." The order included definite "goals and timetables." As President Nixon asserted, "We would not impose quotas, but would require federal contractors to show 'affirmative action' to meet the goals of increasing minority employment."
June 28, 1978 Regents of the University of California v. Bakke
This landmark Supreme Court case imposed limitations on affirmative action to ensure that providing greater opportunities for minorities did not come at the expense of the rights of the majority—affirmative action was unfair if it led to reverse discrimination. The case involved the Univ. of California, Davis, Medical School, which had two separate admissions pools, one for standard applicants, and another for minority and economically disadvantaged students. The school reserved 16 of its 100 places for this latter group.
Allan Bakke, a white applicant, was rejected twice even though there were minority applicants admitted with significantly lower scores than his. Bakke maintained that judging him on the basis of his race was a violation of the Equal Protection Clause of the Fourteenth Amendment. The Supreme Court ruled that while race was a legitimate factor in school admissions, the use of such inflexible quotas as the medical school had set aside was not. The Supreme Court, however, was split 5–4 in its decision on the Bakke case and addressed only a minimal number of the many complex issues that had sprung up about affirmative action.
July 2, 1980 Fullilove v. Klutznick
While Bakke struck down strict quotas, in Fullilove the Supreme Court ruled that some modest quotas were perfectly constitutional. The Court upheld a federal law requiring that 15% of funds for public works be set aside for qualified minority contractors. The "narrowed focus and limited extent" of the affirmative action program did not violate the equal rights of non-minority contractors, according to the Court—there was no "allocation of federal funds according to inflexible percentages solely based on race or ethnicity."
May 19, 1986 Wygant v. Jackson Board of Education
This case challenged a school board's policy of protecting minority employees by laying off non-minority teachers first, even though the non-minority employees had seniority. The Supreme Court ruled against the school board, maintaining that the injury suffered by non-minorities affected could not justify the benefits to minorities: "We have previously expressed concern over the burden that a preferential-layoffs scheme imposes on innocent parties. In cases involving valid hiring goals, the burden to be borne by innocent individuals is diffused to a considerable extent among society generally. Though hiring goals may burden some innocent individuals, they simply do not impose the same kind of injury that layoffs impose. Denial of a future employment opportunity is not as intrusive as loss of an existing job."