Affirmative Action: Legal History

Notable Court Decisions

• Griggs v. Duke Power Company (1971), Use of aptitude tests in hiring that disparately impact ethnic minorities
• DeFunis v. Odegaard (1974), Complaint against use of affirmative action at University of Washington Law School
• Regents of the University of California v. Bakke (1978): Consideration of race in special admissions process for medical school at UC-Davis
• Steelworkers v. Weber (1979): Selection of underrepresented minority employees for apprentice training program
• Fullilove v. Klutznick (1980): Use of federal funds to support minority business initiatives
• Guardians Association v. Civil Service Commission (1983): Discriminatory intent versus discriminatory act in violations of Title VI
• Wygant v. Jackson Board of Education (1986): Layoff provision between Board of Education and teachers' union that preserves the percentage of minority personnel
• United States v. Paradise (1987): Hiring and promotion quotas in law enforcement
• Wards Cove Packing Co. v. Atonio (1989), Determination of disparate-impact racial composition at the workplace
• City of Richmond v. J.A. Croson Co. (1989): City requirement to award a percentage of subcontracts to minority-owned businesses
• Adarand Constructors, Inc. v. Pena, Secretary of Transportation, et al. (1995): Incentives to sub-contract certified minority and disadvantaged small businesses
• Hopwood v. Texas (5th Cir.1998): Complaint against use of affirmative action at University of Texas School of Law
• Smith v. University of Washington (9th Cir. 2000), Challenge to University of Washington Law School's policy of using race as an admissions factor
• Gratz et al. v. Bollinger et al. (2002): Use of race in University of Michigan admissions
• Grutter v. Bollinger et al. (2002): Use of race as a predominant factor in law school admissions; benefits of a "diverse student body"
• Parents Involved in Community Schools v. Seattle School District No. 1 (2006) Placement of students to public schools solely for the purpose of achieving racial integration

Federal Legislation and Executive Orders

• Executive Order 8802 (1941): Prohibited government contractors from discrimination based on race, color or national origin; first presidential action ever taken to prevent employment discrimination by private employers
• Executive Order 9981 (1948): Ordered "equality of treatment and opportunity for all persons in the armed services without regard to race, color, religion or national origin"
• Executive Order 10925 (1961): Prohibited federal government contractors from discriminating on account of race; first order with sanctioning power
• Civil Rights Act of 1964, Prohibited employment discrimination by private employers, labor unions, and employment agencies; created the U.S. Equal Employment Opportunity Commission
• U.S. Executive Order 11246 (1965): Imposed nondiscrimination and affirmative action requirements as a condition of doing business with the Federal Government
• Executive Order 11375 (1965): Provided equal opportunity in Federal employment and in employment by Federal contractors on the basis of merit and without discrimination because of race, color, religion, sex or national origin
• Revised Philadelphia Plan (1969): Required government contractors in Philadelphia to hire minority workers; the plan was quickly extended to other cities
• Executive Order 11625 (1971): Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise
• Executive Order 12138 (1979): Developing, coordinating and implementing a national program for women's business enterprise
• President Clinton's Affirmative Action Review (1998): On March 7, 1995, President Clinton directed that a review be conducted of the Federal government's affirmative action programs

State Referenda

• California Proposition 209 (1996): Passed ban on racial preferences for public employment, education, or contracting
• Washington Initiative 200 (1998): Passed end to preferential treatment by government based on race, sex, color, ethnicity or national origin
• Michigan Proposal 2 (2006): Passed end to affirmative action programs giving preferential treatment for public employment, education, or contracting

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