The involvement of the United States Supreme Court in the formation of affirmative action policy
Affirmative action is the term of general application referring to government policies that directly or indirectly bought jobs, admission to universities and professional schools and other social goods and resources to individuals on the basis of membership in designated protected groups in order to compensate those groups were past discrimination caused by society as a whole.
The political as well as prudential reasons reflecting racial sensitivities, public justification of affirmative action has tended to describe it as a logical extension of equality of opportunity from individuals. In fact, affirmative action embodies ideas that philosophically antithetical to the principle of equal protection of the laws as a basis of equality of opportunity. essential difference is that affirmative action policies are designed to benefit persons on the basis of membership in a group, rather according to individual qualifications and experience. Affirmative action focuses on the results of the procedures used by public and private organisations measured with respect to racial balance rather than on the existence of procedures that are sure equal treatment of individuals irrespective of race, ethnicity or sex. It can therefore be described as a civil rights policy promised on the concept of group rather than individual rights which seeks equality of result rather than equality of opportunity.
As a general description of civil rights policy, affirmative action comprehend such matters as school desegregation, voting rights, housing sales and rentals, university admissions, the activities of visually funded agencies and public and private employment. In each of these areas there have been judicial decisions asserting the principles of group rights and equality of result that define affirmative action. The historical development and rational policy best illustrated, however, in employment discrimination law. Before the adoption of the Civil Rights act 1964, employers were permitted to select employees according to race or any other consideration, unlike the situation in voting public education were racial discrimination was arguably unconstitutional. Accordingly, affirmative action employment involved claim practices that were lawful when they occurred are more for, in accordance with the need for an order to justify awarding economic benefits to members of groups that were seen as victims of societal discrimination.
Affirmative action in employment originated in the 1960s and the policies of administrative agencies in forcing the Civil Rights act and executive orders number 10,945 and 11,246 regulating federal contractors. In the 1970s the Supreme Court played a major role in rationalising of legitimising the new race conscious approach to civil rights. In general, the court proceeded on the theory the racial discrimination was by definition class discrimination and was essentially the same phenomenon regardless of where or in what form it appeared. The court assumed that measures used in school desegregation voting rights cases to remedy the effects of past discrimination, which took account of race and insist on specific degrees racial balance could be applied in employment despite the substantially different nature of the activities involved. In the 1980s, Supreme Court decisively protected and legalise affirmative action preferences in employment against the attempt of the executive branch to reorient civil rights policy in the direction of impartial individual rights and equality of opportunity.
The political as well as prudential reasons reflecting racial sensitivities, public justification of affirmative action has tended to describe it as a logical extension of equality of opportunity from individuals. In fact, affirmative action embodies ideas that philosophically antithetical to the principle of equal protection of the laws as a basis of equality of opportunity. essential difference is that affirmative action policies are designed to benefit persons on the basis of membership in a group, rather according to individual qualifications and experience. Affirmative action focuses on the results of the procedures used by public and private organisations measured with respect to racial balance rather than on the existence of procedures that are sure equal treatment of individuals irrespective of race, ethnicity or sex. It can therefore be described as a civil rights policy promised on the concept of group rather than individual rights which seeks equality of result rather than equality of opportunity.
As a general description of civil rights policy, affirmative action comprehend such matters as school desegregation, voting rights, housing sales and rentals, university admissions, the activities of visually funded agencies and public and private employment. In each of these areas there have been judicial decisions asserting the principles of group rights and equality of result that define affirmative action. The historical development and rational policy best illustrated, however, in employment discrimination law. Before the adoption of the Civil Rights act 1964, employers were permitted to select employees according to race or any other consideration, unlike the situation in voting public education were racial discrimination was arguably unconstitutional. Accordingly, affirmative action employment involved claim practices that were lawful when they occurred are more for, in accordance with the need for an order to justify awarding economic benefits to members of groups that were seen as victims of societal discrimination.
Affirmative action in employment originated in the 1960s and the policies of administrative agencies in forcing the Civil Rights act and executive orders number 10,945 and 11,246 regulating federal contractors. In the 1970s the Supreme Court played a major role in rationalising of legitimising the new race conscious approach to civil rights. In general, the court proceeded on the theory the racial discrimination was by definition class discrimination and was essentially the same phenomenon regardless of where or in what form it appeared. The court assumed that measures used in school desegregation voting rights cases to remedy the effects of past discrimination, which took account of race and insist on specific degrees racial balance could be applied in employment despite the substantially different nature of the activities involved. In the 1980s, Supreme Court decisively protected and legalise affirmative action preferences in employment against the attempt of the executive branch to reorient civil rights policy in the direction of impartial individual rights and equality of opportunity.