1. AFFIRMATIVE ACTION

2. REFERENDUM RESULTS

3. BACKGROUND For the past half century, one of the primary tools for addressing racial, ethnic, and gender inequality has been “affirmative action” First used in 1960s- the term now refers to a complex set of policies created by different branches of state and local gov intended to improve opportunities for minorities and women giving them preference in admissions to (1)higher education, (2) gov and private sector jobs, and (3)gov contracts

4. EARLY HISTORY OF AFFIRMATIVE ACTION POLICIES 1940s FDR created the President’s Committee on Fair Employment Practice (FEPC) to investigate allegations of discrimination in federal employment and contracting. First fed agency since the post civil war reconstruction that was created solely to address problems of minorities Lack in funding and little authority led to ineffectiveness 1960s JFK becomes the first president to sign executive order requiring fed agencies and their private contractors take “affirmative action” to ensure that employment and contracting were not racially discriminatory. However, the intent was not to explicitly consider race in employment decisions. The point was to make sure minorities were not being excluded for reasons unrelated to job performance

5. QUESTION Given the remarkable and widespread racial discrimination of the 60s, did these policies go far enough?

6. 1960s- LBJ pushes for the Civil Rights Act of 64 Creates the Equal Employment Opportunity Commission (EEOC) First program authorized by Congress to promote equal opportunity and continues to this day Incentive program- contractors and employers could include in their bid the number of minority employees it would hire if given the contract. Not intended to be a quota system, it was used by employers to get an advantage on the competition. 1980s- Reagan opposed all affirmative action Reverse discrimination What are your thoughts on Quota System? Which approach is better? LBJ? Reagan?? Dem? Rep?

7. CURRENTLY Many states (Washington) have banned affirmative action AA Increasingly under attack at state level AA no longer needed in today’s society Critics of AA argue for “equality of opportunity” Is Affirmative Action outdated? Should it exist for categories other than race such as low income?

8. FISHER V. UNIVERSITY OF TEXAS Count off by 6 All the 1’s and 2’s will represent Noel Fisher. Argue that the University of Texas system violates the Equal Protection Clause by improperly considering race in college admissions. 1’s read Bakke- prepare an opening argument and rebuttal 2’s read Grutter- prepare an opening argument and rebuttal All the 3’s and 4’s will represent the University of Texas. Argue that the admissions system does not violate the Equal Protection Clause. 3’s read Bakke- prepare an opening argument and rebuttal 4’s read Grutter- prepare an opening argument and rebuttal

9. JUDGES 5’s and 6’s will read both cases….. Tomorrow- while the attorneys are preparing their statements, you may listen in on their conversations…. Goal is to ask Quality questions for when we present arguments FRIDAY! You will eventually submit questions and opinions For today….time to read….highlight and underline critical points for tomorrow’s prep!