History[ edit ] This section may be confusing or unclear to readers.
Current Case Fisher v. Texas Inseveral high school seniors who had been denied admission at the University of Texas-Austin filed a lawsuit. The students argued that the University of Texas could not use race as a factor in admission processes if there were other race-neutral options that would have the same results on diversity.
A federal district judge found in favor of the University of Texas, stating that the University had complied with the admission requirements laid out in Grutter v. Additionally, the court cited a University of Texas study fromwhich found that that year 79 percent of the university's individual courses had zero or one African-American students and 30 percent of the courses had zero or one Hispanic students.
Thus, the court decided that while race neutral options had been Affirmative action program, these options were not a viable way for the University of Texas system to maintain and increase diversity.
In Januarya three-judge panel of the Fifth Circuit Court of Appeals heard the case and upheld the ruling in favor of the University of Texas. In Junethe full court decided not to rehear the lawsuit, letting the decision of the three-member panel stand.
Supreme Court agreed to hear the case in February In a Fischer I ruling released Junethe Court did not overturn affirmative action generally, but did emphasize that affirmative action programs need to be more strictly reviewed. The Court explained that the program must pass a test of "strict scrutiny," proving an absence of alternatives that do not include race as a means to diversify the student body.
The case is being sent back to the Fifth Circuit Court of Appeals in order to determine if the University of Texas' affirmative action program passes this test. Supreme Court ruled that using racial quotas in college admission decisions violated the Equal Protection Clause. Constitution, affirms that "no state shall deny to any person within its jurisdiction the equal protection of the laws.
In a direct challenge to the Bakke decision, the U. Court of Appeals ruled in the Hopwood v. Texas case that race could not be a factor in admission decisions.
The defendant, the state of Texas, appealed the decision to the Supreme Court, but the appeal was refused. Similarly, in the Johnson v. University of Georgia case, the U.
Court of Appeals held that the university's admission policy, which used race as a factor in admission decisions, violated the Equal Protection Clause. The court ruled that adding a fixed number of points to the admission score of every non-white applicant is not an appropriate mechanism for achieving diversity.
In andtwo lawsuits challenged the constitutionality of using race in the admission processes at the University of Michigan and the University of Michigan Law School.
InJennifer Gratz was denied admission to the University of Michigan undergraduate program, and a year later Barbara Grutter was rejected from the University of Michigan Law School.
Both plaintiffs argued that their academic credentials and extracurricular activities should have awarded them a spot at the University. They claimed they were subjected to a form of reverse discrimination due to the university's affirmative action policies.
The University of Michigan argued that its admission criteria were constitutional, and that the policies fostered a racially and ethnically diverse student body.Districts have wrestled with how to desegregate public schools in ways supported by the law, which forbids districts from using race to determine placement.
Now, President Trump’s decision to. Supporters of affirmative action openly worried that the Court would severely restrict affirmative action. For example, in , the Court was scheduled to hear an appeal involving a New Jersey schoolteacher who claimed she had suffered discrimination because of an improper affirmative action plan (Taxman v.
Affirmative action, also known as reservation in India and Nepal, positive action in the United Kingdom, and employment equity (in a narrower context) in Canada and South Africa, is the policy of promoting the education and employment of members of groups that are known to have previously suffered from discrimination.
Historically and internationally, support for affirmative action has sought. An Affirmative Action plan or program is a management tool designed to ensure equal employment opportunity.
A central premise underlying affirmative action is that, over time, absent discrimination, a contractor's workforce will generally reflect the gender, racial, and ethnic profile of the labor pools from which the contractor recruits and selects.
Affirmative action in the United States is a set of laws, policies, guidelines, and administrative practices "intended to end and correct the effects of a specific form of discrimination." These include government-mandated, government-sanctioned, and voluntary private programs that tend to focus on access to education and employment, .
Affirmative Action began as a plan to equalize the educational, employment, and contracting opportunities for minorities and women with opportunities given to their white, male counterparts.