On March 6, 1961, fewer than six weeks after he took office, President John F. Kennedy signed Executive Order 10925, which was written to give minorities access to better education and also jobs and careers. This was to be achieved by requiring all government contractors to “take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color or national origin.”

Understanding Affirmative Action: An In-depth Analysis

Affirmative action is a policy that plays a significant role in college admissions and in the workplace, aiming to rectify historical disadvantages towards minority groups and foster diversity. By providing equal opportunities to marginalized individuals and reducing discrimination in higher education and work environments.

However, the concept of affirmative action has been met with criticism, and not everybody believes that it has a positive outcome. In this article, we aim to give a balanced perspective on what affirmative action is, and whether it is beneficial, particularly when it comes to college admissions.

What is Affirmative Action?

Affirmative action in college admissions and the workplace is when factors such as race, sexual orientation, ethnicity, socio-economic background, and geographical location are considered in the process of making admission and employment decisions.

Affirmative action programs aim to increase the representation of historically marginalized groups within college campuses and provide equal opportunities for underrepresented students. By considering factors such as race and ethnicity in college admissions, colleges and universities strive to foster diversity and create a more inclusive educational environment.

Affirmative action is not to be confused with employment equity, which ensures that everyone is treated equally in the workplace. Affirmative action instead particularly focuses on historically underrepresented groups and aims to provide them with educational opportunities.

How Does Affirmative Action Work in College Admissions?

Affirmative action programs in college admissions involve a variety of approaches and strategies. Admission committees may take into account an applicant's race or ethnicity, understanding that individuals from certain racial or ethnic backgrounds have historically faced barriers to higher education. Additionally, colleges may consider an applicant's socioeconomic background to ensure equal opportunities for students from disadvantaged economic circumstances.

Affirmative action programs in college admissions can also involve outreach efforts, targeted recruitment, and the provision of support services for underrepresented students. By actively seeking out and supporting minority applicants, colleges aim to create a campus community that reflects the broader societal diversity.

The History of Affirmative Action in College Admissions

The use of affirmative action in college admissions gained prominence in the mid-20th century as a response to historical discrimination, Jim Crow laws that encouraged racial segregation, and the underrepresentation of black students and people of color in higher education. There have been several landmark Supreme Court cases regarding affirmative action and whether it has been used fairly.

Bakke v. The University of California

The University of California v. Bakke case, a landmark ruling in 1978, had significant implications for affirmative action in higher education. The case revolved around Allan Bakke, a white applicant who was denied admission to the University of California, Davis Medical School, despite having higher test scores than some minority applicants who were admitted under the school's affirmative action program.

The Supreme Court's decision in this case highlighted the importance of diversity in educational institutions. While it declared the use of racial quotas unconstitutional, the ruling upheld affirmative action as a permissible means to achieve diversity. This case shed light on the need for universities to consider race in college admission, along with other holistic criteria when making admissions decisions, aiming to create a diverse and inclusive learning environment.

Gratz v. Bollinger and Grutter v. Bollinger

Gratz v. Bollinger and Grutter v. Bollinger were two separate cases that challenged admissions policies at the University of Michigan. These cases were heard by the Supreme Court and had different outcomes.

Gratz v. Bollinger, decided in 2003, involved undergraduate admissions at the University of Michigan. Jennifer Gratz and Patrick Hamacher, both white applicants, argued that the university's affirmative action policy, which assigned points to applicants based on their race, violated the Equal Protection Clause of the Fourteenth Amendment. The Supreme Court ruled that the university's point system was unconstitutional because it unduly prioritized race and did not provide individualized consideration.

In contrast, Grutter v. Bollinger, decided in the same year, concerned the University of Michigan Law School's admissions policy. Barbara Grutter, a white applicant, claimed that the law school's consideration of race as a factor in admissions violated the Equal Protection Clause. The Supreme Court, in a landmark decision, upheld the law school's affirmative action program. It concluded that the program's use of race as one of many factors in a holistic review process narrowly served the compelling interest of promoting diversity in legal education.

The key distinction between the two cases is that Gratz focused on an undergraduate admissions process that used a points system, while Grutter centered on a law school's race-conscious holistic review of applicants. Gratz found the specific method of assigning points unconstitutional, while Grutter upheld the overall constitutionality of considering race in a holistic admissions process.

Fisher v. University of Texas

The Fisher v. University of Texas at Austin case, decided by the Supreme Court in 2016, played a crucial role in shaping the legal landscape of affirmative action in higher education. The case involved Abigail Fisher, a white student who was denied admission into the University of Texas at Austin and claimed that the university's affirmative action policy violated her rights under the Equal Protection Clause.

The Supreme Court's ruling in favor of the University of Texas reaffirmed the importance of diversity in achieving educational goals and upheld the constitutionality of considering race as a factor in admissions decisions. The decision emphasized that universities have a compelling interest in promoting diversity and can take race into account as part of a holistic admissions process, as long as they demonstrate that race-neutral alternatives have been considered and are insufficient in achieving meaningful diversity.

The Fisher v. University of Texas case had significant implications for affirmative action, as it clarified the constitutional standards that universities must meet when considering race in college admission, and the strict scrutiny an affirmative action policy must undergo before being put into place.

Arguments for and Against Affirmative Action in College Admissions

Public opinion on affirmative action remains divided. According to a Pew Research Center poll conducted in 2023, 50% of Americans are not in support of affirmative action policies, while 33% approve of these policies. This implies that while affirmative action still garners support, public opinion is not always positive, and this opinion may vary depending on demographic factors, political ideology, and personal experiences.

Pros of Affirmative Action

People are in favor of affirmative action because:

• They argue that historically, certain groups, like racial and ethnic minorities, have faced many obstacles and discrimination that have made it harder for them to succeed. Affirmative action aims to level the playing field by taking these challenges into account, giving these groups a better chance at getting into college or finding employment.
• They believe it encourages social and economic mobility, allowing individuals from disadvantaged backgrounds to overcome barriers and succeed.
• They argue that it helps to break down stereotypes and biases by creating more inclusive and diverse environments.
• They believe that racial diversity is important and valuable in colleges and workplaces, leading to better ideas, understanding, and opportunities for everyone.
• They believe affirmative action creates a more inclusive society and workforce and encourages campus diversity.

Cons of Affirmative Action

Opponents of affirmative action in college admissions, however, raise concerns related to reverse discrimination and the potential compromise of meritocracy.

Affirmative action is controversial for several reasons:

• Arguably, race-based affirmative action goes against the principle of meritocracy, as it considers admissions on the basis of race rather than focusing solely on individual qualifications, such as outstanding academic achievement and involvement in extracurricular activities regardless of race or economic background.
• Critics argue that affirmative action encourages a public university admissions program to show preferential treatment for students of color, which may result in less-qualified individuals being chosen over more-qualified ones.
• Another concern is the perception of reverse discrimination. It can be argued that affirmative action can discriminate against individuals who are not considered part of historically marginalized groups, particularly white males who would not be considered underrepresented in education, leading to claims of unfair treatment of white students.
• Critics also worry about the potential psychological effects and stigmatization of minority students, including those who are not of national origin. Some argue that affirmative action can perpetuate stereotypes of African-American and Asian-American students through racial discrimination, and class-based affirmative action can actually hinder students from economically disadvantaged backgrounds, undermining the achievements of individuals from these backgrounds.
• There are concerns about the potential for race-conscious admissions policies to create division among racial and ethnic groups, rather than promoting unity and equality.
• Legal challenges have also questioned the constitutionality of affirmative action, with both Supreme Court and federal court cases debating the extent to which race can be considered in college admissions decisions and workplaces.

Despite the controversies, supporters argue that affirmative action is necessary to address historical inequalities and promote diversity. They believe it provides opportunities for marginalized groups and brings unique perspectives to educational institutions and workplaces.

The controversy surrounding affirmative action reflects the challenges of promoting equality while considering issues of fairness, merit, and individual rights. Continued debates and legal challenges within the Supreme Court continue as society grapples with finding a balance between addressing past injustices and ensuring fairness for all individuals.

The Evolution of Affirmative Action in College Admissions

Over time, affirmative action in college admissions has evolved both legally and programmatically. Rulings such as the Bakke case and subsequent decisions from the Supreme Court have shaped the permissible use of race and ethnicity as a factor in college admissions for supporting minority students.

Both private and public colleges have refined their approaches to have a more race-conscious admissions process, incorporating a broader range of diversity criteria beyond race, such as socio-economic background, first-generation college status, and geographic origin.

Successful Examples of Affirmative Action Programs

Many colleges and universities have successfully implemented affirmative action policies to promote diversity and inclusivity in their student bodies. For instance, Harvard University, considered one of the most elite schools in the world, has long been committed to affirmative action in its admissions process, aiming to create a diverse campus community and provide opportunities for underrepresented students.

While less competitive colleges often have a higher percentage of minority enrollment, many elite schools and selective colleges have followed suit with Harvard University, ensuring that race, socio-economic background, and ethnicity form part of the college admissions decisions to encourage diversity on college campuses.

Similarly, the University of Texas at Austin utilizes a holistic approach to admissions, allowing for individualized consideration of applicants' experiences and backgrounds. Through its affirmative action policies, the university has achieved greater ethnic diversity within its student population.

Statistics at a Glance

• According to a report from the National Association for College Admission Counseling (NACAC), as of 2019, approximately 42% of four-year colleges and universities in the United States consider race or ethnicity in their admissions process.
• Before affirmative action, underrepresented groups faced substantial barriers in employment. According to the EEOC, in 1966, just 2% of all lawyers and judges in the U.S. were African Americans, highlighting the limited opportunities available to minorities in certain professions.
• According to the same report, as of 2019, African Americans represented approximately 13% of the legal profession, showcasing advancements in representation.
• Similarly, strides have been made in closing the gender wage gap. According to the U.S. Bureau of Labor Statistics, in 2020, women earned approximately 82 cents for every dollar earned by men, signaling a narrowing of the gap.
• According to a report by the Equal Employment Opportunity Commission (EEOC), in 1966, only around 14% of managerial and professional positions in the United States were held by women, and minority groups accounted for just 6.9% of these positions. This imbalance in representation highlighted the need for policy intervention.
• As of 2023, women accounted for approximately 53% of the professional workforce, and minority groups represented approximately 40% of the labor force.

Summary: While multiple factors contribute to these advancements, including changes in societal attitudes, it is undeniable that affirmative action has played a role in creating more diverse educational environments and workplaces.

Despite the controversial attitudes towards affirmative action policies, with critics arguing that preferential treatment takes place, it is important to note that government-funded institutions and businesses will uphold this policy.