1. Affirmative Action

2. What is it?
Affirmative action programs grant preferences to underrepresented groups in admissions & hiring
Programs are meant to make up for past and/or present discrimination

3. Legal Basis
The Fourteenth Amendment prohibits states from denying persons equal protection under the law.
The Civil Rights Act of 1964 was passed to eliminate practices that favored white men.

4. University of California v. Bakke (1978)
16/100 medical school slots were reserved for minority/low income applicants
Quotas: certain # must be admitted
Bakke, a white male, was denied admission twice.
Those admitted under the quota had lower MCAT scores and GPAs than Bakke.

5. The Bakke Decision
The Court invalidated the quota as unconstitutional
BUT upheld some affirmative action programs

6. Gratz v. Bollinger (2003)
Gratz, a white student, wanted admission to the University of Michigan
20 / 100 points were assigned to applicants from underrepresented minority groups.

7. Grutter v. Bollinger
Grutter, a white student applied to law school
Applicants were evaluated based on all information available in their files, including race.

8. Let’s look at how it worked….
Hand out points system
Who’s right?

9. Gratz/Grutter Decisions
Gratz won, SC threw out points system
Grutter lost, because the Court found that racial diversity is a compelling state interest, and the admissions process looked at many factors

10. The Future
Justice O’Connor said that 25 years from now, the use of racial preferences will no longer be necessary.
Today, narrowly tailored affirmative action programs are legal, but not mandated.
A California initiative passed that eliminated affirmative action.

11. In CA…affirmative action is illegal due to a proposition
Top % of each HS is automatically accepted at a UC or Cal State
Is this fair?