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Affirming Affirmative Action

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Affirming Affirmative Action
What is affirmative action? Affirmative Action refers to policies that are aimed at increasing the number of people from certain groups in employment, education, business, and government. The groups in reference are African American, Asian American, Native Americans, Hispanic-Americans, people who are identified as disabled, Vietnam veterans, and women. The subject of Affirmative Action policies with the United States has been highly debated for years by those who support them as well as by those who oppose them.

In 1961, John F. Kennedy issued an executive order 10925, which utilized affirmative action by instructing federal contractors to take action ensuring that applicants were treated fairly and equally without regard to race, color, religion, sex, or national origin. When the subject of affirmative action is brought up, Title V of the Civil Rights Act of 1964 is relevant. The 1964 Civil Rights Act was a decision that made it against the law for employers in any industry involved in interstate commerce, and employing more than fifteen employees to discriminate in employment practices against any person because of their color, race, national origin, or sexual orientation. In recent years, the policies of Affirmative Action have been under attack. One notable case involves the University of Michigan. The university of Michigan uses affirmative action policies in their admission guidelines that weigh academic and nonacademic factors, including a student's race. These guidelines have contributed to a larger minority representation at the university. In a lawsuit filed against the University of Michigan, claiming that the school discriminated against non-minority applicants on the basis of race, Federal District Court upheld the affirmative action policy for undergraduate admissions. The judge ruled that diversity at the university was a compelling state interest. “The university, relying on Bakke, argued that their desire to achieve "educational diversity" was a compelling state interest and that their program was narrowly tailored to meet that interest. Though the Supreme Court established the principle that diversity can be a compelling state interest more than 20 years ago in Bakke, several recent decisions by lower federal courts have encouraged some to question the continued validity of the Bakke decision (Drake, K., 2002).

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