Federal Affirmative Action Law: A Brief History

Publication Date: September 2005

Publisher: Library of Congress. Congressional Research Service

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Research Area: Social conditions

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Abstract:

Affirmative action remains a focal point of public debate as the result of legal and political developments at the federal, state, and local levels. In recent years, federal courts have reviewed minority admissions programs to state universities in Texas, Georgia, Michigan, and Washington, questioning in general the constitutional status of racial and ethnic diversity policies in public education; ruled on minority preferences in public and private employment as a remedy for violation of civil and constitutional rights; invalidated a Federal Communications Commission policy requiring radio licensees to adopt affirmative minority recruitment and outreach measures; and considered state and local efforts to increase minority group participation as contractors and subcontractors on publicly financed construction projects. Ongoing legal controversy surrounds the Supreme Court's 1995 ruling in Adarand Constructors Inc. v. Pena, setting constitutional standards for race-based affirmative action by the federal government. This report will be updated as necessary.