Hiring Glossary

Affirmative Action

Affirmative action is a policy designed to promote diversity and inclusion by taking proactive steps to ensure individuals from historically underrepresented groups, such as racial minorities and women, are given equal opportunities in education and employment. It was introduced to combat systemic discrimination and ensure fair treatment, especially in institutions like high schools, colleges, and the workplace.

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Milani Notshe

Research Specialist

Last Updated

February 14, 2025

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what Affirmative Action

As a business owner or human resources manager, you may come across the term "affirmative action" in the context of employment practices. Affirmative action refers to policies and measures designed to promote equal employment opportunities for historically underrepresented groups, such as women and minorities. These initiatives aim to address past discrimination and ensure a diverse and inclusive workplace. Understanding affirmative action is important because it can help your organization comply with legal requirements, enhance diversity, and improve organizational performance.

For example, a company might implement an affirmative action plan that includes targeted recruitment efforts to attract qualified candidates from underrepresented groups. This could involve partnering with organizations that support minority professionals or attending job fairs at historically black colleges and universities. By actively seeking to diversify its workforce, the company not only complies with affirmative action guidelines but also benefits from a wider range of perspectives and experiences, which can lead to increased creativity and better decision-making.

What Is The History Of Affirmative Action? 

The history of affirmative action in the U.S. begins in the 1960s as part of the civil rights movement. It was formally introduced with Executive Order 11246, signed by President Lyndon B. Johnson in 1965, which required federal contractors to ensure non-discriminatory hiring practices based on race, color, religion, sex, or national origin.

The concept was rooted in the desire to address the long-standing racial and gender inequalities in education and employment. Affirmative action aimed to provide historically marginalized groups, particularly African Americans, with opportunities previously denied to them.

Throughout the years, affirmative action has evolved through significant Supreme Court decisions, including the landmark case Regents of the University of California v. Bakke (1978), which allowed race to be one factor in college admissions but prohibited racial quotas. Subsequent rulings, such as those involving the University of Texas and Grutter v. Bollinger (2003), further shaped its application, emphasizing the importance of diversity in education.

Affirmative action has faced legal challenges and changing public opinion, yet it remains a key policy in promoting diversity and reducing systemic inequality.

It is also important to note that it varies significantly across different countries, reflecting distinct legal frameworks, historical contexts, and social challenges.For example, in South Africa, the Employment Equity Act (1998) and Black Economic Empowerment (BEE) policies were introduced to correct the economic and social imbalances caused by apartheid.

How Does Affirmative Action Work?

In The Educational Sector  

  • Implementation of specific criteria: Affirmative action in higher education, such as college admissions, considers factors like race, gender, and ethnicity in admissions decisions. 
  • Holistic reviews: Universities use a comprehensive review of each applicant, where racial preferences are one factor among many.
  • Balanced admissions: Racial preferences don't define admissions but contribute to a broader evaluation process.
  • Promoting diversity: The approach aims to create educational benefits from a diverse student body that includes minority students.
  • Enhanced learning environment: Diversity enriches the learning experience for all students.

In The Employment Sector 

  • Applies to federal contractors: Federal contractors in the U.S. must comply with Executive Order 11246 to prevent discrimination.
  • Diversity goals: Employers set voluntary targets to increase minority and female representation in their workforce. Organizations may achieve a more diverse environment by setting specific quotas to hire individuals from underrepresented demographics. This could look like political party quotas that are implemented in countries like Mexico where the constitution requires that 50% of candidates for both houses of Congress be women. 
  • Proactive recruitment: Includes targeted outreach to underrepresented groups through job fairs, media, and partnerships.
  • Hiring and promotion practices: Consider race, gender, and other minority statuses alongside qualifications to ensure fair treatment.
  • Monitoring and reporting: In the U.S., employers submit demographic data to the Department of Labor to track progress and ensure compliance.
  • Addressing underrepresentation: Use of training, mentorship, and pay audits to create equitable career advancement opportunities.

What Are The Benefits Of Affirmative Action? 

Implementing affirmative action policies within the workplace can be a resource-consuming endeavor, however, the benefits are often well worth the effort taken. Here are a few ways implementing affirmative action can benefit businesses: 

  • Promotes diversity: Ensures a more diverse workforce, enhancing cultural understanding and collaboration.
  • Reduces discrimination: Helps eliminate systemic barriers for underrepresented groups.
  • Educational benefits: Enriches learning environments by exposing workers to diverse perspectives.
  • Encourages social equity: Creates opportunities for historically marginalized individuals to succeed in the workforce.

Affirmative action is important because it helps level the playing field for individuals who have historically faced barriers to equal opportunity. By fostering diversity, affirmative action policies contribute to more inclusive environments in educational institutions and workplaces. It also supports efforts to address racial and gender disparities, promoting social equity and representation across all sectors.

Affirmative Action FAQs

What Are Some Examples Of Affirmative Action ?

Affirmative action is a policy that can and has been applied to various scenarios. These scenarios include college admissions, hiring and employment, corporate diversity programs, and minority-owned business support by government agencies and corporations. Examples of affirmative action programs include the New Economic Policy (NEP) introduced by the Malaysian government in 1971, which aimed to improve the economic status of ethnic Malays (Bumiputera) relative to the Chinese and Indian populations.

Is Affirmative Action Still Legal?

Yes, affirmative action is still legal, but it faces ongoing legal challenges and scrutiny, particularly regarding its application in college admissions.

What Is The Difference Between Affirmative Action And Employment Equity?

Affirmative action aims to address historical inequalities and promote diversity by considering factors like race and gender in hiring and admissions. Employment equity, on the other hand, focuses on removing barriers and ensuring fair opportunities for all, particularly for women, people with disabilities, Indigenous people, and visible minorities.

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ABOUT THE AUTHOR

Milani Notshe

Milani is a seasoned research and content specialist at Playroll, a leading Employer Of Record (EOR) provider. Backed by a strong background in Politics, Philosophy and Economics, she specializes in identifying emerging compliance and global HR trends to keep employers up to date on the global employment landscape.

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