New guidance from the Biden administration on Monday urges colleges to use a range of strategies to promote racial diversity on campus after the Supreme Court struck down affirmative action in admissions.
Colleges can focus their recruiting in high minority areas, for example, and take steps to retain students of color who are already on campus, including by offering affinity clubs geared toward students of a certain race. Colleges can also consider how an applicant’s race has shaped personal experience, as detailed in students’ application essays or letters of recommendation, according to the new guidance.
It also encourages them to consider ending policies known to stint racial diversity, including preferences for legacy students and the children of donors.
“Ensuring access to higher education for students from different backgrounds is one of the most powerful tools we have to prepare graduates to lead an increasingly diverse nation and make real our country’s promise of opportunity for all,” Attorney General Merrick Garland said in a statement.
David Zalubowski
FILE - U.S. Attorney General Merrick Garland makes a point as he speaks to members of the house of delegates of the American Bar Association at the group's annual meeting, Aug. 7, 2023, in Denver. New guidance from the Biden administration on Monday urges colleges to use a range of strategies to promote racial diversity on campus after the Supreme Court struck down affirmative action in admissions. (AP Photo/David Zalubowski, File)
The guidance, from the Justice and Education departments, arrives as colleges across the nation attempt to navigate a new era of admissions without the use of affirmative action. Schools are working to promote racial diversity without provoking legal action from affirmative action opponents.
Students for Fair Admission, the group that brought the issue to the Supreme Court through lawsuits against Harvard and the University of North Carolina, sent a letter to 150 universities in July saying they must “take immediate steps to eliminate the use of race as a factor in admissions.”
In its guidance, the Biden administration offers a range of policies colleges can use “to achieve a student body that is diverse across a range of factors, including race and ethnicity.”
It also offers clarity on how colleges can consider race in the context of an applicant’s individual experience. The court’s decision bars colleges from considering race as a factor in and of itself, but nothing prohibits colleges from considering “an applicant’s discussion of how race affected the applicant’s life,” the court wrote.
How to approach that line without crossing it has been a challenge for colleges as they rework admissions systems before a new wave of applications begin arriving in the fall.
The guidance offers examples of how colleges can “provide opportunities to assess how applicants’ individual backgrounds and attributes — including those related to their race.”
“A university could consider an applicant’s explanation about what it means to him to be the first Black violinist in his city’s youth orchestra or an applicant’s account of overcoming prejudice when she transferred to a rural high school where she was the only student of South Asian descent,” according to the guidance.
Schools can also consider a letter of recommendation describing how a student “conquered her feelings of isolation as a Latina student at an overwhelmingly white high school to join the debate team,” it says.
Students should feel comfortable to share “their whole selves” in the application process, the administration said. Previously, many students had expressed confusion about whether the court’s decision blocked them from discussing their race in essays and interviews.
The administration clarified that colleges don’t need to ignore race as they choose where to focus their recruiting efforts. The court’s decision doesn’t forbid schools from targeting recruiting efforts toward schools that predominately serve students of color or low-income students, it says.
Countering a directive from Students for Fair Admissions, the new guidance says colleges can legally collect data about the race of students and applicants, as long as it doesn’t influence admissions decisions.
Echoing previous comments from President Joe Biden, the guidance urges colleges to rethink policies that tend to favor white, wealthy applicants. “Nothing in the decision prevents an institution from determining whether preferences for legacy students or children of donors, for example, run counter to efforts to promote equal opportunities for all students,” the guidance said.
At the same time, the Justice and Education departments warned that they’re ready to investigate if schools fail to provide equal access to students of all races, adding that the administration “will vigorously enforce civil rights protections.”
The guidance arrives as colleges work to avoid the type of diversity decline that has been seen in some states that previously ended affirmative action, including in California and Michigan. Selective colleges in those states saw sharp decreases in minority student enrollment, and some have struggled for decades to recover.
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Biden administration urges colleges to pursue racial diversity without affirmative action
Mark Wilson // Getty Images
Schools across the country still deal with racial segregation today, even though the systematic separation of students by race in American schools legally ended in 1954 with the Brown v. Board of Education ruling. A 2019 EdBuild study of high schools across the country found more than half of students in the United States attend schools in predominantly segregated districts—which are often a result of gerrymandering—with these school systems consisting of 75% white or 75% non-white students. Colleges face similar issues with enrollment diversity. While a 2020 report by nonprofit research organization The Urban Institute found that nonwhite student attendance has increased 191% since 1976, it also reported that currently, about 54% of college students enrolled in four-year institutions are white.
Still, affirmative action in higher education—or a set of procedures designed to eliminate unlawful discrimination among university applicants—has been hotly debated since its inception. From when it became common practice to today, it still faces scrutiny on whether or not it should be instituted.
A 2016 Gallup poll found 70% of adult Americans surveyed believed college applicants should be judged solely on merit, even if doing so means fewer people of color are admitted. A more recent 2021 Gallup poll saw a shift in mindset: Public support for affirmative action is at an all-time high, although Gallup notes support is for the general concept of affirmative action across the country, including the workforce.
The story of affirmative action in higher education covers a complex history of push and pull spanning seven decades, 12 presidential administrations, and countless college students. Best Universities outlined a timeline of affirmative action in higher education, compiling historic court dockets, executive orders, and news reports.
Mark Wilson // Getty Images
Schools across the country still deal with racial segregation today, even though the systematic separation of students by race in American schools legally ended in 1954 with the Brown v. Board of Education ruling. A 2019 EdBuild study of high schools across the country found more than half of students in the United States attend schools in predominantly segregated districts—which are often a result of gerrymandering—with these school systems consisting of 75% white or 75% non-white students. Colleges face similar issues with enrollment diversity. While a 2020 report by nonprofit research organization The Urban Institute found that nonwhite student attendance has increased 191% since 1976, it also reported that currently, about 54% of college students enrolled in four-year institutions are white.
Still, affirmative action in higher education—or a set of procedures designed to eliminate unlawful discrimination among university applicants—has been hotly debated since its inception. From when it became common practice to today, it still faces scrutiny on whether or not it should be instituted.
A 2016 Gallup poll found 70% of adult Americans surveyed believed college applicants should be judged solely on merit, even if doing so means fewer people of color are admitted. A more recent 2021 Gallup poll saw a shift in mindset: Public support for affirmative action is at an all-time high, although Gallup notes support is for the general concept of affirmative action across the country, including the workforce.
The story of affirmative action in higher education covers a complex history of push and pull spanning seven decades, 12 presidential administrations, and countless college students. Best Universities outlined a timeline of affirmative action in higher education, compiling historic court dockets, executive orders, and news reports.
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Biden administration urges colleges to pursue racial diversity without affirmative action
Bettmann // Getty Images
In 1946, President Harry S. Truman and his administration commissioned the report “Higher Education For American Democracy.” The report, which was authored by former United States Commissioner of Education George F. Zook, aimed to analyze the state of education in the United States.
Among other discoveries, 85% of the 75,000 Black college students in the report attended poorly funded schools. “The outstanding example of these barriers to equal opportunity, of course, is the disadvantages suffered by our Negro citizens,” the report states. The report drives this point home further as it found 11% of the white population over 20 years of age had completed at least one year of college, where only 3% of non-white students had.
“The low educational attainments of Negro adults reflect the cumulative effects of a long period of unequal opportunity,” Zook said.
Bettmann // Getty Images
In 1946, President Harry S. Truman and his administration commissioned the report “Higher Education For American Democracy.” The report, which was authored by former United States Commissioner of Education George F. Zook, aimed to analyze the state of education in the United States.
Among other discoveries, 85% of the 75,000 Black college students in the report attended poorly funded schools. “The outstanding example of these barriers to equal opportunity, of course, is the disadvantages suffered by our Negro citizens,” the report states. The report drives this point home further as it found 11% of the white population over 20 years of age had completed at least one year of college, where only 3% of non-white students had.
“The low educational attainments of Negro adults reflect the cumulative effects of a long period of unequal opportunity,” Zook said.
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Biden administration urges colleges to pursue racial diversity without affirmative action
National Archive/Newsmakers // Getty Images
Today, the term affirmative action has come to refer most readily to higher education, but its origin is rooted in employment law. When President John F. Kennedy signed Executive Order 10925 on March 6, 1961, it was the first time the phrase “affirmative action” was used in the fashion it’s used today. To take an “affirmative action” was something literal, “to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color or national origin.” Legally, employers who allowed the unequal status quo to remain were now required to take an active role in treating all of their employees fairly. This became the basis for affirmative action in higher education.
National Archive/Newsmakers // Getty Images
Today, the term affirmative action has come to refer most readily to higher education, but its origin is rooted in employment law. When President John F. Kennedy signed Executive Order 10925 on March 6, 1961, it was the first time the phrase “affirmative action” was used in the fashion it’s used today. To take an “affirmative action” was something literal, “to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color or national origin.” Legally, employers who allowed the unequal status quo to remain were now required to take an active role in treating all of their employees fairly. This became the basis for affirmative action in higher education.
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Biden administration urges colleges to pursue racial diversity without affirmative action
GHI Vintage/Universal History Archive/Universal Images Group via Getty Images
The Civil Rights Movement caused the nation to face how Black Americans were treated in day-to-day life, and it also sparked significant change in how laws dealt with discrimination in education. In the late 1960s, elite universities began to prioritize admitting more students of color, with Columbia University admitting about 50 Black students, more than double the previous year’s enrollment. With the rise in these students’ admission came quick and fervent opposition, with lawsuits and protests intensifying after more colleges began emphasizing diversity on their campuses.
GHI Vintage/Universal History Archive/Universal Images Group via Getty Images
The Civil Rights Movement caused the nation to face how Black Americans were treated in day-to-day life, and it also sparked significant change in how laws dealt with discrimination in education. In the late 1960s, elite universities began to prioritize admitting more students of color, with Columbia University admitting about 50 Black students, more than double the previous year’s enrollment. With the rise in these students’ admission came quick and fervent opposition, with lawsuits and protests intensifying after more colleges began emphasizing diversity on their campuses.
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Biden administration urges colleges to pursue racial diversity without affirmative action
Hulton Archive // Getty Images
Title VII of the Civil Rights Act initially restricted discrimination on the basis of race, religion, and nationality, but in 1972 it was amended to include educational institutions. The amendment restricted the use of federal funding for discriminatory programs—for instance, restricting the budget of schools that favored admitting white students—which strengthened the goal of affirmative action in the law.
The United States later passed the Equal Educational Opportunities Act of 1974, which made it illegal to segregate based on race, color, and national origin, strengthening the goals of the Title VII amendment.
Hulton Archive // Getty Images
Title VII of the Civil Rights Act initially restricted discrimination on the basis of race, religion, and nationality, but in 1972 it was amended to include educational institutions. The amendment restricted the use of federal funding for discriminatory programs—for instance, restricting the budget of schools that favored admitting white students—which strengthened the goal of affirmative action in the law.
The United States later passed the Equal Educational Opportunities Act of 1974, which made it illegal to segregate based on race, color, and national origin, strengthening the goals of the Title VII amendment.
-
Biden administration urges colleges to pursue racial diversity without affirmative action
Bettmann // Getty Images
Allan Bakke, a 35-year-old white man and hopeful medical school student, applied to the University of California Medical School at Davis twice and was rejected both times. Although Bakke had higher grades than any of the minority students who had been accepted, UC Davis admissions reserved 16 spaces for minority students as part of their affirmative action efforts. In response, Bakke sued in 1978, claiming he was discriminated against on the basis of his race.
After making its way through the California courts, his case reached the Supreme Court. The justices came to the conclusion that while quota systems did in fact violate the constitution, affirmative action itself did not. Bakke was admitted to UC Davis and graduated, later becoming an anesthesiologist.
Bettmann // Getty Images
Allan Bakke, a 35-year-old white man and hopeful medical school student, applied to the University of California Medical School at Davis twice and was rejected both times. Although Bakke had higher grades than any of the minority students who had been accepted, UC Davis admissions reserved 16 spaces for minority students as part of their affirmative action efforts. In response, Bakke sued in 1978, claiming he was discriminated against on the basis of his race.
After making its way through the California courts, his case reached the Supreme Court. The justices came to the conclusion that while quota systems did in fact violate the constitution, affirmative action itself did not. Bakke was admitted to UC Davis and graduated, later becoming an anesthesiologist.
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Biden administration urges colleges to pursue racial diversity without affirmative action
Ted Soqui/Sygma via Getty Images
In 1996, two states rejected affirmative action, legally opposing the policy. In California, Proposition 209—a referendum aiming to prohibit state government institutions from considering race, sex, or ethnicity in employment and public education—passed with 55% of the vote. In Texas, four white applicants rejected from The University of Texas School of Law were successful in their lawsuit against the college's affirmative action admissions policy. This case effectively restricted its implementation for the law school and statewide. Further bans came after these two anti-affirmative-action victories, with Florida and Washington following suit.
Ted Soqui/Sygma via Getty Images
In 1996, two states rejected affirmative action, legally opposing the policy. In California, Proposition 209—a referendum aiming to prohibit state government institutions from considering race, sex, or ethnicity in employment and public education—passed with 55% of the vote. In Texas, four white applicants rejected from The University of Texas School of Law were successful in their lawsuit against the college's affirmative action admissions policy. This case effectively restricted its implementation for the law school and statewide. Further bans came after these two anti-affirmative-action victories, with Florida and Washington following suit.
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Biden administration urges colleges to pursue racial diversity without affirmative action
Bill Pugliano // Getty Images
In 1997, white Michigan resident Barbara Grutter was rejected from admission at the University of Michigan Law School. Grutter applied, touting a 3.8 GPA and a 161 LSAT score, 19 points less than the highest score LSAT-takers can achieve. Citing the schools' admission that they use race in deciding which students are admitted and which are not, the Michigan District Court overturned the use of affirmative action in the law school's admissions process, effectively ending its practice in the state.
The Court of Appeals referenced Bakke’s case in the Supreme Court, citing the achievement of diversity by using affirmative action is actually legally binding on a federal level. This upheld the use of affirmative action in Michigan.
Bill Pugliano // Getty Images
In 1997, white Michigan resident Barbara Grutter was rejected from admission at the University of Michigan Law School. Grutter applied, touting a 3.8 GPA and a 161 LSAT score, 19 points less than the highest score LSAT-takers can achieve. Citing the schools' admission that they use race in deciding which students are admitted and which are not, the Michigan District Court overturned the use of affirmative action in the law school's admissions process, effectively ending its practice in the state.
The Court of Appeals referenced Bakke’s case in the Supreme Court, citing the achievement of diversity by using affirmative action is actually legally binding on a federal level. This upheld the use of affirmative action in Michigan.
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Biden administration urges colleges to pursue racial diversity without affirmative action
Mark Wilson // Getty Images
In 2008, Abigail Fisher, a white high school student, applied to the University of Texas. By law, UT was required to accept all high school seniors who ranked in the top 10% of their high school classes, a criterion Fisher didn’t meet. Thus, Fisher was considered with the remaining pool of in-state applicants, of which race played a partial role, in addition to academics, personal achievement, leadership activities, family income, and other criteria.
Since Fisher and another white student, Rachel Multer Michalewicz, got rejected from UT as a result of this admissions process, they both filed suit against the university, claiming it discriminated against them by considering race in their undergraduate admissions decisions. They lost the case, and Fisher appealed and lost a second time, but successfully brought the case to the Supreme Court. Ultimately, Supreme Court justices ruled in favor of UT and their admissions policy was upheld.
Mark Wilson // Getty Images
In 2008, Abigail Fisher, a white high school student, applied to the University of Texas. By law, UT was required to accept all high school seniors who ranked in the top 10% of their high school classes, a criterion Fisher didn’t meet. Thus, Fisher was considered with the remaining pool of in-state applicants, of which race played a partial role, in addition to academics, personal achievement, leadership activities, family income, and other criteria.
Since Fisher and another white student, Rachel Multer Michalewicz, got rejected from UT as a result of this admissions process, they both filed suit against the university, claiming it discriminated against them by considering race in their undergraduate admissions decisions. They lost the case, and Fisher appealed and lost a second time, but successfully brought the case to the Supreme Court. Ultimately, Supreme Court justices ruled in favor of UT and their admissions policy was upheld.
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Biden administration urges colleges to pursue racial diversity without affirmative action
Jessica Rinaldi/The Boston Globe via Getty Images
Affirmative action is still being challenged legally in headlines as well as the courts today. In 2019, Students for Fair Admissions (or SFFA) alleged Harvard University discriminates against Asian Americans by using a points system that gives greater chances to Black and Latino students in their admissions process. Harvard’s admissions methodology includes considering a combination of factors in addition to academics like geography, and ranking “personal qualities” such as grit, integrity, humor, and kindness.
SFFA claims this ranking system is a thinly disguised—but intentional—attempt at admitting fewer Asian students, a claim Harvard denies. After this case lost in court as well as in the First Court of Appeals, as of 2022, it is now headed to the Supreme Court. The case has been consolidated with a case regarding a similar admissions process at the University of North Carolina.
This story originally appeared on Best Universities and was produced and distributed in partnership with Stacker Studio.
Jessica Rinaldi/The Boston Globe via Getty Images
Affirmative action is still being challenged legally in headlines as well as the courts today. In 2019, Students for Fair Admissions (or SFFA) alleged Harvard University discriminates against Asian Americans by using a points system that gives greater chances to Black and Latino students in their admissions process. Harvard’s admissions methodology includes considering a combination of factors in addition to academics like geography, and ranking “personal qualities” such as grit, integrity, humor, and kindness.
SFFA claims this ranking system is a thinly disguised—but intentional—attempt at admitting fewer Asian students, a claim Harvard denies. After this case lost in court as well as in the First Court of Appeals, as of 2022, it is now headed to the Supreme Court. The case has been consolidated with a case regarding a similar admissions process at the University of North Carolina.
This story originally appeared on Best Universities and was produced and distributed in partnership with Stacker Studio.
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Biden administration urges colleges to pursue racial diversity without affirmative action
Mark Wilson // Getty Images
On June 29, 2023, the Supreme Court ruled in two cases—regarding Harvard and the University of North Carolina's admissions practices—that using race as a factor for college admission violates the 14th Amendment Equal Protection Clause. This major decision, with the ruling falling along ideological lines, ends affirmative action in higher education.
Schools across the country still deal with racial segregation today, even though the systematic separation of students by race in American schools legally ended in 1954 with the Brown v. Board of Education ruling. A 2019 EdBuild study of high schools across the country found more than half of students in the United States attend schools in predominantly segregated districts—which are often a result of gerrymandering—with these school systems consisting of 75% white or 75% non-white students. Colleges face similar issues with enrollment diversity. While a 2020 report by nonprofit research organization The Urban Institute found that nonwhite student attendance has increased 191% since 1976, it also reported that currently, about 54% of college students enrolled in four-year institutions are white.
Still, affirmative action in higher education—or a set of procedures designed to eliminate unlawful discrimination among university applicants—has been hotly debated since its inception. From when it became common practice to today, it still faces scrutiny on whether or not it should be instituted.
A 2016 Gallup poll found 70% of adult Americans surveyed believed college applicants should be judged solely on merit, even if doing so means fewer people of color are admitted. A more recent 2021 Gallup poll saw a shift in mindset: Public support for affirmative action is at an all-time high, although Gallup notes support is for the general concept of affirmative action across the country, including the workforce.
The story of affirmative action in higher education covers a complex history of push and pull spanning seven decades, 12 presidential administrations, and countless college students. Best Universities outlined a timeline of affirmative action in higher education, compiling historic court dockets, executive orders, and news reports.
Mark Wilson // Getty Images
On June 29, 2023, the Supreme Court ruled in two cases—regarding Harvard and the University of North Carolina's admissions practices—that using race as a factor for college admission violates the 14th Amendment Equal Protection Clause. This major decision, with the ruling falling along ideological lines, ends affirmative action in higher education.
Schools across the country still deal with racial segregation today, even though the systematic separation of students by race in American schools legally ended in 1954 with the Brown v. Board of Education ruling. A 2019 EdBuild study of high schools across the country found more than half of students in the United States attend schools in predominantly segregated districts—which are often a result of gerrymandering—with these school systems consisting of 75% white or 75% non-white students. Colleges face similar issues with enrollment diversity. While a 2020 report by nonprofit research organization The Urban Institute found that nonwhite student attendance has increased 191% since 1976, it also reported that currently, about 54% of college students enrolled in four-year institutions are white.
Still, affirmative action in higher education—or a set of procedures designed to eliminate unlawful discrimination among university applicants—has been hotly debated since its inception. From when it became common practice to today, it still faces scrutiny on whether or not it should be instituted.
A 2016 Gallup poll found 70% of adult Americans surveyed believed college applicants should be judged solely on merit, even if doing so means fewer people of color are admitted. A more recent 2021 Gallup poll saw a shift in mindset: Public support for affirmative action is at an all-time high, although Gallup notes support is for the general concept of affirmative action across the country, including the workforce.
The story of affirmative action in higher education covers a complex history of push and pull spanning seven decades, 12 presidential administrations, and countless college students. Best Universities outlined a timeline of affirmative action in higher education, compiling historic court dockets, executive orders, and news reports.
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Biden administration urges colleges to pursue racial diversity without affirmative action
Bettmann // Getty Images
In 1946, President Harry S. Truman and his administration commissioned the report "Higher Education For American Democracy." The report, which was authored by former United States Commissioner of Education George F. Zook, aimed to analyze the state of education in the United States.
Among other discoveries, 85% of the 75,000 Black college students in the report attended poorly funded schools. "The outstanding example of these barriers to equal opportunity, of course, is the disadvantages suffered by our Negro citizens," the report states. The report drives this point home further as it found 11% of the white population over 20 years of age had completed at least one year of college, where only 3% of non-white students had.
"The low educational attainments of Negro adults reflect the cumulative effects of a long period of unequal opportunity," Zook said.
Bettmann // Getty Images
In 1946, President Harry S. Truman and his administration commissioned the report "Higher Education For American Democracy." The report, which was authored by former United States Commissioner of Education George F. Zook, aimed to analyze the state of education in the United States.
Among other discoveries, 85% of the 75,000 Black college students in the report attended poorly funded schools. "The outstanding example of these barriers to equal opportunity, of course, is the disadvantages suffered by our Negro citizens," the report states. The report drives this point home further as it found 11% of the white population over 20 years of age had completed at least one year of college, where only 3% of non-white students had.
"The low educational attainments of Negro adults reflect the cumulative effects of a long period of unequal opportunity," Zook said.
-
-
Biden administration urges colleges to pursue racial diversity without affirmative action
National Archive/Newsmakers // Getty Images
Today, the term affirmative action has come to refer most readily to higher education, but its origin is rooted in employment law. When President John F. Kennedy signed Executive Order 10925 on March 6, 1961, it was the first time the phrase "affirmative action" was used in the fashion it's used today. To take an "affirmative action" was something literal, "to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color or national origin." Legally, employers who allowed the unequal status quo to remain were now required to take an active role in treating all of their employees fairly. This became the basis for affirmative action in higher education.
National Archive/Newsmakers // Getty Images
Today, the term affirmative action has come to refer most readily to higher education, but its origin is rooted in employment law. When President John F. Kennedy signed Executive Order 10925 on March 6, 1961, it was the first time the phrase "affirmative action" was used in the fashion it's used today. To take an "affirmative action" was something literal, "to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color or national origin." Legally, employers who allowed the unequal status quo to remain were now required to take an active role in treating all of their employees fairly. This became the basis for affirmative action in higher education.
-
Biden administration urges colleges to pursue racial diversity without affirmative action
GHI Vintage/Universal History Archive/Universal Images Group via Getty Images
The Civil Rights Movement caused the nation to face how Black Americans were treated in day-to-day life, and it also sparked significant change in how laws dealt with discrimination in education. In the late 1960s, elite universities began to prioritize admitting more students of color, with Columbia University admitting about 50 Black students, more than double the previous year's enrollment. With the rise in these students' admission came quick and fervent opposition, with lawsuits and protests intensifying after more colleges began emphasizing diversity on their campuses.
GHI Vintage/Universal History Archive/Universal Images Group via Getty Images
The Civil Rights Movement caused the nation to face how Black Americans were treated in day-to-day life, and it also sparked significant change in how laws dealt with discrimination in education. In the late 1960s, elite universities began to prioritize admitting more students of color, with Columbia University admitting about 50 Black students, more than double the previous year's enrollment. With the rise in these students' admission came quick and fervent opposition, with lawsuits and protests intensifying after more colleges began emphasizing diversity on their campuses.
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Biden administration urges colleges to pursue racial diversity without affirmative action
Hulton Archive // Getty Images
Title VII of the Civil Rights Act initially restricted discrimination on the basis of race, religion, nationality, and sex. In 1972 it was amended to include educational institutions. The amendment restricted the use of federal funding for discriminatory programs—for instance, restricting the budget of schools that favored admitting white students—which strengthened the goal of affirmative action in the law.
The United States later passed the Equal Educational Opportunities Act of 1974, which made it illegal to segregate based on race, color, sex, and national origin, strengthening the goals of the Title VII amendment.
Hulton Archive // Getty Images
Title VII of the Civil Rights Act initially restricted discrimination on the basis of race, religion, nationality, and sex. In 1972 it was amended to include educational institutions. The amendment restricted the use of federal funding for discriminatory programs—for instance, restricting the budget of schools that favored admitting white students—which strengthened the goal of affirmative action in the law.
The United States later passed the Equal Educational Opportunities Act of 1974, which made it illegal to segregate based on race, color, sex, and national origin, strengthening the goals of the Title VII amendment.
-
Biden administration urges colleges to pursue racial diversity without affirmative action
Bettmann // Getty Images
Allan Bakke, a 35-year-old white man and hopeful medical school student, applied to the University of California Medical School at Davis twice and was rejected both times. Although Bakke had higher grades than any of the minority students who had been accepted, UC Davis admissions reserved 16 spaces for minority students as part of their affirmative action efforts. In response, Bakke sued in 1978, claiming he was discriminated against on the basis of his race.
After making its way through the California courts, his case reached the Supreme Court. The justices came to the conclusion that while quota systems did in fact violate the constitution, affirmative action itself did not. Bakke was admitted to UC Davis and graduated, later becoming an anesthesiologist.
Bettmann // Getty Images
Allan Bakke, a 35-year-old white man and hopeful medical school student, applied to the University of California Medical School at Davis twice and was rejected both times. Although Bakke had higher grades than any of the minority students who had been accepted, UC Davis admissions reserved 16 spaces for minority students as part of their affirmative action efforts. In response, Bakke sued in 1978, claiming he was discriminated against on the basis of his race.
After making its way through the California courts, his case reached the Supreme Court. The justices came to the conclusion that while quota systems did in fact violate the constitution, affirmative action itself did not. Bakke was admitted to UC Davis and graduated, later becoming an anesthesiologist.
-
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Biden administration urges colleges to pursue racial diversity without affirmative action
Ted Soqui/Sygma via Getty Images
In 1996, two states rejected affirmative action, legally opposing the policy. In California, Proposition 209—a referendum aiming to prohibit state government institutions from considering race, sex, or ethnicity in employment and public education—passed with 55% of the vote. In Texas, four white applicants rejected from The University of Texas School of Law were successful in their lawsuit against the college's affirmative action admissions policy. This case effectively restricted its implementation for the law school and statewide. Further bans came after these two anti-affirmative-action victories, with Florida and Washington following suit.
Ted Soqui/Sygma via Getty Images
In 1996, two states rejected affirmative action, legally opposing the policy. In California, Proposition 209—a referendum aiming to prohibit state government institutions from considering race, sex, or ethnicity in employment and public education—passed with 55% of the vote. In Texas, four white applicants rejected from The University of Texas School of Law were successful in their lawsuit against the college's affirmative action admissions policy. This case effectively restricted its implementation for the law school and statewide. Further bans came after these two anti-affirmative-action victories, with Florida and Washington following suit.
-
Biden administration urges colleges to pursue racial diversity without affirmative action
Bill Pugliano // Getty Images
In 1997, white Michigan resident Barbara Grutter was rejected from admission at the University of Michigan Law School. Grutter applied, touting a 3.8 GPA and a 161 LSAT score, 19 points less than the highest score LSAT-takers can achieve. Citing the schools' admission that they use race in deciding which students are admitted and which are not, the Michigan District Court overturned the use of affirmative action in the law school's admissions process, effectively ending its practice in the state.
The Court of Appeals referenced Bakke's case in the Supreme Court, citing the achievement of diversity by using affirmative action is actually legally binding on a federal level. This upheld the use of affirmative action in Michigan.
Bill Pugliano // Getty Images
In 1997, white Michigan resident Barbara Grutter was rejected from admission at the University of Michigan Law School. Grutter applied, touting a 3.8 GPA and a 161 LSAT score, 19 points less than the highest score LSAT-takers can achieve. Citing the schools' admission that they use race in deciding which students are admitted and which are not, the Michigan District Court overturned the use of affirmative action in the law school's admissions process, effectively ending its practice in the state.
The Court of Appeals referenced Bakke's case in the Supreme Court, citing the achievement of diversity by using affirmative action is actually legally binding on a federal level. This upheld the use of affirmative action in Michigan.
-
-
Biden administration urges colleges to pursue racial diversity without affirmative action
Mark Wilson // Getty Images
In 2008, Abigail Fisher, a white high school student, applied to the University of Texas. By law, UT was required to accept all high school seniors who ranked in the top 10% of their high school classes, a criterion Fisher didn't meet. Thus, Fisher was considered with the remaining pool of in-state applicants, of which race played a partial role, in addition to academics, personal achievement, leadership activities, family income, and other criteria.
Since Fisher and another white student, Rachel Multer Michalewicz, got rejected from UT as a result of this admissions process, they both filed suit against the university, claiming it discriminated against them by considering race in their undergraduate admissions decisions. They lost the case, and Fisher appealed and lost a second time, but successfully brought the case to the Supreme Court. Ultimately, Supreme Court justices ruled in favor of UT and their admissions policy was upheld.
Mark Wilson // Getty Images
In 2008, Abigail Fisher, a white high school student, applied to the University of Texas. By law, UT was required to accept all high school seniors who ranked in the top 10% of their high school classes, a criterion Fisher didn't meet. Thus, Fisher was considered with the remaining pool of in-state applicants, of which race played a partial role, in addition to academics, personal achievement, leadership activities, family income, and other criteria.
Since Fisher and another white student, Rachel Multer Michalewicz, got rejected from UT as a result of this admissions process, they both filed suit against the university, claiming it discriminated against them by considering race in their undergraduate admissions decisions. They lost the case, and Fisher appealed and lost a second time, but successfully brought the case to the Supreme Court. Ultimately, Supreme Court justices ruled in favor of UT and their admissions policy was upheld.
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Biden administration urges colleges to pursue racial diversity without affirmative action
Jessica Rinaldi/The Boston Globe via Getty Images
Affirmative action is still being challenged legally in headlines as well as the courts today. In 2019, Students for Fair Admissions (or SFFA) alleged Harvard University discriminates against Asian Americans by using a points system that gives greater chances to Black and Latino students in their admissions process. Harvard's admissions methodology includes considering a combination of factors in addition to academics like geography, and ranking "personal qualities" such as grit, integrity, humor, and kindness.
SFFA claims this ranking system is a thinly disguised—but intentional—attempt at admitting fewer Asian students, a claim Harvard denies. After this case lost in court as well as in the First Court of Appeals, as of 2022, it is now headed to the Supreme Court. The case has been consolidated with a case regarding a similar admissions process at the University of North Carolina.
This story originally appeared on Best Universities and was produced and distributed in partnership with Stacker Studio.
Jessica Rinaldi/The Boston Globe via Getty Images
Affirmative action is still being challenged legally in headlines as well as the courts today. In 2019, Students for Fair Admissions (or SFFA) alleged Harvard University discriminates against Asian Americans by using a points system that gives greater chances to Black and Latino students in their admissions process. Harvard's admissions methodology includes considering a combination of factors in addition to academics like geography, and ranking "personal qualities" such as grit, integrity, humor, and kindness.
SFFA claims this ranking system is a thinly disguised—but intentional—attempt at admitting fewer Asian students, a claim Harvard denies. After this case lost in court as well as in the First Court of Appeals, as of 2022, it is now headed to the Supreme Court. The case has been consolidated with a case regarding a similar admissions process at the University of North Carolina.
This story originally appeared on Best Universities and was produced and distributed in partnership with Stacker Studio.
