Affirmative action is a government policy that seeks to remedy long-standing discrimination directed at specific groups, including women and racial and ethnic minorities. The basic purpose of affirmative action policies and programs is to increase access to, and ensure the equitable distribution of, opportunities in higher education, employment, government contracts, housing, and other social-welfare areas. To this end, affirmative action provides regulations, procedures, and guidelines to assure that eligible and interested citizens receive equal consideration regardless of their race, ethnicity, gender, religion, or age. Affirmative action does not fully restrict all forms of discrimination or make them illegal. Rather, it attempts to redress historical inequities by providing traditionally underrepresented groups with more equal access to most public and private arenas. This access is regarded as "more equal" since it attempts to address years of inequities and inequalities within a short amount of time. The civil rights innovations outlined in the U.S. Constitution were not available to all of the inhabitants of the new nation. Prior to 1865, most African Americans were slaves, and they were considered property and counted for census purposes as three-fifths of a person. For the most part, Native Americans received no consideration at all. Women, although counted as full persons in census data, had very few rights. In spite of a variety of legal and social changes, these groups continued to suffer blatant discrimination well into the second half of the twentieth century. The Fourteenth Amendment to the Constitution provides the legal basis for affirmative action policies. Added to the Constitution in 1868, this amendment extends legal protection to all U.S. citizens. Specifically, the equal protection clause of the Fourteenth Amendment asserts that, "No state shall †deny to any person within its jurisdiction, the equal protection of laws." Although the language is clear, this legislation was infrequently enforced. It was not until the Supreme Court ruled in the case of Brown v. Board of Education (1954) that the notion of equal protection received serious national consideration. Specifically citing the Fourteenth Amendment, the Court held that racial segregation in elementary and secondary education is unconstitutional because it promotes an unequal educational system. Following this ruling, President John F. Kennedy issued Executive Order 10925 in 1961, which asked federal contractors to adopt diversity programs in an effort to help end segregation. (This order provides the legal foundation for affirmative action programs.) In the spirit of the equal protection clause, the Civil Rights Act of 1964 bans discrimination on the basis of race, color, religion, sex, or national origin. To ensure compliance, federal funds are denied to those institutions that violate this mandate. More specifically, Title VII of the Civil Rights Act of 1964 states that: It shall be an unlawful employment practice for an employer (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or (2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin. Compliance To ensure compliance, the federal government established the Office of Federal Contract Compliance Programs (OFCCP) and the Equal Employment Opportunity Commission (EEOC). Established in 1965 under Executive Order 11246, the OFCCP reviews, monitors, and enforces an institution's affirmative action plan. The OFCCP posits that each employment agency is responsible for designing an "acceptable" affirmative action program, which "must include an analysis of areas within which the contractor is deficient in the utilization of minority groups †and further, goals and timetables to which the contractor's good faith efforts must be directed to correct the deficiencies, and thus to achieve prompt and full utilization of minorities †at all levels and in all segments of its work force where deficiencies exist" (41 C.F.R. Sec. 60-2.10). Similar to the OFCCP, the EEOC also helps to enforce antidiscrimination laws and regulations. Created by Title VII of the Civil Rights Act of 1964, the EEOC also enforces other related legislation, including the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, and Title I of the Americans with Disabilities Act of 1990. The EEOC investigates discrimination charges filed by individuals. If an employer is in violation, the EEOC first attempts to bring about voluntary resolution. If this fails, the EEOC may choose to file suit against the employer in federal court. At the conclusion of such a case, the EEOC issues a "notice of the right to sue," which allows an individual to file an additional suit in federal court. To comply with affirmative action regulations, most colleges and universities reformed their admissions and hiring practices. Throughout the 1970s, higher education institutions established affirmative action programs and antidiscrimination policies designed to increase the number of women and minority students and faculty members in all fields and disciplines. These activities included actively encour-aging women and minorities to apply for faculty and administrative positions, aggressively recruiting students from traditionally underrepresented groups, and offering support programs to help at-risk students succeed. Even so, affirmative action programs did not resolve all of the discrimination problems affecting higher education. Instead, it became one of them. In fact, white women received the greatest benefit from these programs, and many people questioned the constitutionality of affirmative action.
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