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Croson Co. (1989) that race-based affirmative action plans whose constitutionality is challenged under the Equal Protection Clause are subject to strict scrutiny review. [25] However, the Court has yet to hear an Equal Protection challenge to a sex-based affirmative action plan, at least in the employment context. [26]
Sowell writes that affirmative action policies encourage non-preferred groups to designate themselves as members of preferred groups [i.e., primary beneficiaries of affirmative action] to take advantage of group preference policies; that they tend to benefit primarily the most fortunate among the preferred group (e.g., upper and middle class ...
Diversity themes gained momentum in the mid-1980s. At a time when President Ronald Reagan discussed dismantling equality and affirmative action laws in the 1980s, equality and affirmative action professionals employed by American firms along with equality consultants, engaged in establishing the argument that a diverse workforce should be seen as a competitive advantage rather than just as a ...
James defined what affirmative action is in its most basic form. "(It) is a policy that encourages state institutions to take affirmative action to make sure their processes are fair," she explains.
Executive Order 11246, signed by President Lyndon B. Johnson, was an executive order of the Article II branch of the United States federal government, in place from 1965 to 2025, specifying non-discriminatory practices and affirmative action in federal government hiring and employment.
The decision was the only legally challenged affirmative-action policy to survive the courts. However, this ruling has led to confusion among universities and lower courts alike regarding the status of affirmative action across the nation. In 2012, Fisher v. University of Texas reached the Supreme Court. [20]
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