Affirmative action is a policy that aims to increase opportunities for historically underrepresented groups in areas such as education and employment. It has been a controversial topic for many years, with some people arguing that it is necessary to address past discrimination and others arguing that it is unfair to give preferential treatment to certain groups.
The legality of affirmative action in the United States varies depending on the specific context. In general, affirmative action is legal in the public sector, but it is more restricted in the private sector.
Here is a summary of the legal status of affirmative action in the United States
* Public sector Affirmative action is generally legal in the public sector, but it must be narrowly tailored to achieve a compelling government interest. In 1978, the Supreme Court case Regents of the University of California v. Bakke established that race can be a factor in college admissions, but only as one of many factors. In 2003, the Supreme Court case Grutter v. Bollinger upheld the use of race as a factor in law school admissions.
* Private sector Affirmative action is more restricted in the private sector. In 1989, the Supreme Court case Wards Cove Packing Co. v. Atonio held that employers could use race as a factor in hiring and promotion decisions only if they could show that it was necessary to remedy past discrimination. In 2009, the Supreme Court case Ledbetter v. Goodyear Tire & Rubber Co. made it more difficult for employees to sue for pay discrimination.
The legal status of affirmative action is also different in different states. For example, California voters passed Proposition 209 in 1996, which prohibits the use of race, sex, or ethnicity in public employment, public education, and public contracting. This means that affirmative action is not legal in California public schools or universities.
The debate over affirmative action is likely to continue for many years to come. There are strong arguments on both sides of the issue, and it is a complex issue with no easy answers.
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