skip navigation


Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.


NCJ Number: 156021 Add to Shopping cart Find in a Library
Title: Briefing Paper for the U.S. Commission on Civil Rights: Legislative, Executive and Judicial Development of Affirmative Action
Corporate Author: US Cmssn on Civil Rights
United States of America
Date Published: 1995
Page Count: 28
Sponsoring Agency: US Cmssn on Civil Rights
Washington, DC 20425
Sale Source: US Cmssn on Civil Rights
1121 Vermont Avenue, NW
Washington, DC 20425
United States of America
Type: Legislation/Policy Description
Language: English
Country: United States of America
Annotation: This paper provides an overview of the major executive, legislative, and judicial developments of affirmative action plans, programs, or policies in the area of employment, contracting and licensing, education, and housing.
Abstract: This paper defines "affirmative action" as "any measure, beyond simple termination of a discriminatory practice, that permits the consideration of race, national origin, sex, or disability, along with other criteria, and which is adopted to provide opportunities to a class of qualified individuals who have either historically or actually been denied those opportunities and/or to prevent the recurrence of discrimination in the future." Regarding executive action pertinent to affirmative action in employment, Federal Executive Order 11246 is perhaps the paramount source of Presidential sponsored affirmative action in employment, having consolidated and extended to women Executive Order 10925, barring employment discrimination by Federal contractors and subcontractors, and Executive Order 11114, applicable to the construction industry. The Civil Rights Act of 1991 expressly preserves lawful affirmative action plans, leaving to the courts the determination of the proper parameters of such plans. Rulings by the U.S. Supreme Court have held that under both Title VII and the Constitution, affirmative-action remedies may properly benefit members of a protected class who are not proven victims of discrimination. Regarding affirmative action in contracting and licensing, Executive Orders that have attempted to include minority and women-owned businesses in government contracting have been issued since 1969. Legislative and regulatory provisions designed to effectuate that goal have followed. Under current caselaw, Federal initiatives may be adopted and implemented more freely than may those proposed by State and local governments. Executive Orders and other presidential documents have addressed racial discrimination in education since the U.S. Supreme Court's decision in Brown v. Board of Education. The Civil Rights Act of 1964, as amended, prohibits both race and sex discrimination in public education. The Federal executive branch initially endorsed racial segregation in housing, but beginning in 1962, Executive Orders have espoused nondiscrimination in housing and encouraged affirmative efforts to facilitate fair housing opportunities. 136 footnotes
Main Term(s): Court procedures
Index Term(s): Affirmative action programs; Criminology; Equal opportunity education; Equal opportunity employment; Equal Protection; Executive orders; Judicial decisions; Legislation; US Supreme Court decisions
To cite this abstract, use the following link:

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.