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Affirmative Action Timeline
1791
“Original Sin” of the Constitution and Bill of Rights legitimizes
slavery.
1860s Although the Thirteenth Amendment of 1865
abolishes slavery, southern states revive slavetime codes, creating
unattainable prerequisites for blacks to live, work or participate in
society. The Civil Rights Act of 1866 invalidates these codes,
conferring “the rights of citizenship” on all people. The
Fourteenth Amendment grants citizenship to everyone born in the
U.S., forbids states from denying “life, liberty or property” without
due process of law, and guarantees equal protection under the laws.
1870s The Fifteenth Amendment of 1870 gives freedmen the right
to vote, and the 1875 Civil Rights Act guarantees equal access
to public accommodations regardless of race or color. White
supremacist groups, however, embark upon a campaign of terror against
blacks and their white supporters.
1896 In Plessy v. Ferguson, the Supreme Court
holds that “separate but equal” accomodations are constitutional,
legitimizing Jim Crow laws. Segregation, lynchings, severe economic
hardship, and political powerlessness for black people will begin to
reach all time-highs, with few political or legal barriers.
1954 Brown v. Board of Education ends legal school
segregation and sets a precedent for widespread desegregation. One
year later, 4.9% of college students aged 18-24 are black.
1961
President Kennedy issues Executive Order 10925, prohibiting
discrimination in federal government hiring on the basis of race,
religion or national origin.
1964 The Civil Rights Act seeks to end discrimination
by large private employers on the basis of race and gender whether or
not they have government contracts. Title VII of the Act establishes
the Equal Employment Opportunity Commission (EEOC).
1965 The
term “affirmative action” is used for the first time, by President
Johnson in E.O. 11246, requiring federal contractors to take
“affirmative action” to ensure equality of employment. This Executive
Order is extended to women in 1968.
1969 President Nixon’s “Philadelphia Order” presents
“goals and timetables” for reaching equal employment opportunity in
construction trades. It is extended in 1970 to non-construction
federal contractors. By this time, 7.8% of college students aged 18-24
are black. 1972 Title IX of the Education Amendments Act prohibits
discrimination against girls and women in federally funded education,
including athletic programs.
1978 University of California v. Bakke sets the
parameters of educational affirmative action, saying that quotas are
unconstitutional, but that minority status can be used as a factor in
admissions.
2003 Supreme Court affirms Affirmative Action in landmark decision.
In Gratz v. Bollinger, the High Court upheld the principle
that public universities may continue to use affirmative action to
ensure a diverse student body.
Produced by the ACLU.
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