NCJ Number
59354
Date Published
1979
Length
195 pages
Annotation
THIS PUBLICATION PURPORTS TO INCREASE UNDERSTANDING OF AFFIRMATIVE ACTION BY PRESENTING THE COMPLETE TEXT OF THE BAKKE DECISION AND THE EQUAL OPPORTUNITY COMMISSION'S VOLUNTARY AFFIRMATIVE ACTION GUIDELINES.
Abstract
THE BAKKE DECISION, ANNOUNCED ON JUNE 28, 1978, WAS A LANDMARK: IT WAS THE FIRST SUPREME COURT DECISION WHICH ADDRESSED THE ISSUE OF WHEN VOLUNTARY MEASURES INTENDED TO REMEDY EFFECTS OF PAST RACE-CONSCIOUS ACTION MAY TAKE RACE INTO ACCOUNT. ALLAN BAKKE, A WHITE MALE WHO APPLIED FOR ADMISSION TO MEDICAL SCHOOL AND WAS REJECTED, BROUGHT A SUIT IN A CALIFORNIA STATE COURT AND ARGUED REVERSE DISCRIMINATION. HE EVENTUALLY TOOK HIS APPEAL TO THE SUPREME COURT AND WON THE DECISION. THE RATIONALE BEHIND THE ARGUMENT OF JUSTICE POWELL, WHO DID NOT ALIGN HIMSELF WITH THE JUSTICES ON EITHER SIDE OF THE ISSUE, IS EXPLAINED, AND THE DIFFICULTIES IN APPLYING THE VOLUNTARY AFFIRMATIVE ACTION GUIDELINES ARE DISCUSSED. THE GUIDELINES EMPHASIZE THAT THE GENERAL BAN ON EMPLOYMENT DISCRIMINATION IN FEDERAL LAWS MUST BE UNDERSTOOD IN THE CONTEXT OF THE CONGRESSIONAL PURPOSE UNDERLYING THEM, TO IMPROVE THE ECONOMIC AND SOCIAL CONDITIONS OF MINORITIES. THE GUIDELINES ENCOURAGE EMPLOYERS TO DO A 'REASONABLE SELF-ANALYSIS' OF THEIR WORK FORCE, AND IF A 'REASONABLE BASIS FOR CONCLUDING ACTION IS APPROPRIATE,' TO TAKE 'REASONABLE ACTION' IN RELATION TO THE PROBLEMS DISCLOSED. BESIDES THE TEXT OF THE BAKKE DECISION AND THE VOLUNTARY AFFIRMATIVE ACTION GUIDELINES, THE REPORT FURNISHES TWO STATEMENTS BY THE U.S. COMMISSION ON CIVIL RIGHTS ON AFFIRMATIVE ACTION AND A 1978 PRESIDENTIAL MEMORANDUM ON AFFIRMATIVE ACTION PROGRAMS.