The Future of Affirmative Action in U.S. Higher Education

Abstract

In 1961’s Executive Order 10925, President John F. Kennedy introduced Affirmative Action, which included a provision that all government contractors — including public and private colleges and universities — “take affirmative action to ensure that applicants are employed, and employees are treated during employment, without regard to their race, creed, color, or national origin.” Subsequently, in 1965, President Lyndon B. Johnson issued Executive Order 11246, which prohibits an employer’s discrimination based on race, color, religion, national origin, and sex, extending the responsibility of government contractors to provide Equal Opportunity for women and minorities: a fuller embodiment of the EEOC, or the Equal Employment Opportunity Commission. However, education is the catalyst through which underrepresented populations, primarily people of color, can transcend social, political, and economic boundaries and live freely in America: Diversifying institutions of higher education is indeed a compelling government interest. Through a summary of Affirmative Action case law in higher education, it is clear that institutions of higher education share my sentiment.