September 3, 2020

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In 2003 the U.S. Supreme Court handed down its most significant decisions in the area of affirmative action/diversity in higher education admissions since Bakke. Fisher said she'd been discriminated against for being white. Section 501 requires federal agencies to engage in affirmative action for people with disabilities, but does not explain what "affirmative action" means. That number is up from an elite 4 percent in 1900. The emphasis is on opportunity: affirmative action programs are meant to break down barriers, both visible and invisible, to level the playing field, and to make sure everyone is given an equal break. Even before the ruling in Stotts, the Reagan Justice Department, under Assistant Attorney General William Bradford Reynolds, had abandoned the department's traditionally vigorous enforcement of federal equal employment laws. Today, Executive Order 11246, as amended and further strengthened over the years, remains a major safeguard, protecting the rights of workers employed by federal contractors-approximately one-fifth of the entire U.S. labor force-to remain free from discrimination on the basis of their gender, race, religion, color or national origin…and opening the doors of opportunity through its affirmative action provisions. Failure to comply with the non-discrimination or affirmative action provisions is a violation of the contract. We're on the right side of history. For example, the National Asian and Pacific American Legal Consortium reported that although white men make up only 48% of the college-educated workforce, they hold over 90% of the top jobs in the news media, 96% of CEO positions, 86% of law firm partnerships, and 85% of tenured college faculty positions. At the same time, Reynolds and the department sought to undo the affirmative action remedies that had been agreed to prior to the Reagan administration. Affirmative action programs contain a diagnostic component which includes a number of quantitative analyses designed to evaluate the composition of the workforce of the contractor and compare it to the composition of the relevant labor pools. Managing diversity does not replace affirmative action; rather, it builds on the critical foundation laid by workplace equity programs. Most AAPs conform to the Code of Federal Regulations (specifically 41 CFR 60-2), which sets forth certain affirmative action requirements for federal government contractors. The purpose of affirmative action is to give our nation a way to finally address the systemic exclusion of individuals of talent on the basis of their gender or race from President Clinton at the National Archives opportunities to develop, perform, achieve and contribute. Affirmative action, then, is intended to protect the rights of minority students or junior employees, yet does not benefit them insofar that it does not prepare them for the opportunity. "The New York Times article is based entirely on uncorroborated inferences from a leaked internal personnel posting in violation of Department of Justice policy," she said. They constitute 16.7 percent of the population and grew by 3.1 percent since 2010. EO 10308:  Nearly a decade later, on December 3, 1951, President Harry S. Truman's Executive Order 10308 advanced the achievements initiated during WWII by creating the Committee on Government Contract Compliance. Within each group, positions would be filled on the basis of seniority, meaning some junior African Americans would be admitted ahead of more senior whites. Eight states have banned affirmative action in admissions, among them California, Oklahoma and Florida, according to Pew Research Center. 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