DIS 7

Affirmative action refers to programs aimed at giving women, minorities, and other traditionally disadvantaged groups equal opportunities in employment, education, and other areas of life. Affirmative action represented something new. Earlier civil rights policies had targeted what’s called de jure discrimination, which is discrimination based on law, as in the case of state laws mandating segregated schools. In contrast, affirmative action targeted what’s called de facto discrimination, the situation where historically disadvantaged groups, such as women and minorities, have fewer benefits and opportunities because of prejudice and the effects of past discrimination. Affirmative action on a large scale began when Presidents Johnson and Nixon issued executive orders requiring recipients of federal grants and contracts to take steps to give historically disadvantaged groups equal opportunity. Affirmative actions shift the burden of proof to the provider. For instance, if a federal contractors hired a nearly all-male workforce, they needed to provide a compelling reason for the imbalance, such as the physical demands of the job. If the contractor failed to do so, the contract could be cancelled. As affirmative action took root, spreading to evermore firms and institutions, it met increased opposition. Polls indicated that most Americans while believing women and minorities should have a fair chance, were opposed to giving them preferential treatment. In a 1977 poll, for example, more than seven times as many respondents expressed opposition to preferential treatment as supported it. Not surprisingly, affirmative action has been the target of countless lawsuits.