Affirmative Action in Antidiscrimination Law and Policy: An Overview and Synthesis

Topical Index

307 Topical Index Q To assist the reader, brief descriptions of central judicial opinions and statutes are provided herein. Except as otherwise noted, case citations are to the U.S. Supreme Court. Further, the Affirmative Action main entry is a cross-reference for all the other main entries. Main entries are in bold. Adarand Constructors Inc. v. Peña (strict scrutiny held by the Supreme Court to be the test for racial/ethnic classifications in governmental affirmative action), 21, 54, 58, 71, 77, 138, 225, 226, 228, 231, 234, 258 n 101 analysis of, 70–83 Clinton policy, 21–22 intermediate scrutiny for gender discrimination, 78, 163–167, 169–171 issues about, 79–83, 225–229 See also Equal Opportunity in Employment and Contracting; Supreme Court Affirmative Action acceptance: by business, 66–67, 83; in education, 66–67, 139, 150–158; by the public, 243– 244 antiaffirmative action laws and referenda, 154 arguments for and against, 1–2, 34–38, 53–54, 206, 232–246 beneficiaries of, 1–2, 21–22, 31– 32, 34–51, 53–54, 64–67, 83– 86, 114–124, 138–143, 168, 174–176, 203–206, 220–221, 237–244 bilingual education, 129–134 Brown v. Board of Education as precursor of, 109–113 class-based assistance as an alternative for, 140, 155, 238– 239 Clinton policy, 21–22 color (race/ethnic) blindness as basis for opposition to, 37, 49, 52, 154, 233, 235, 238, 242, 245 definition of, 1–2, 53–54, 247 ns 1–2 disparate (race/ethnic/gender) impact as rationale: background, 28–32, 41–48; in employment and contracting, 7–11, 41–52, 87–107, 230; in higher education , 138–150, 168–172; in housing, 203, 205, 208–212; in K–12 education, 111–114, 130– 132, 134, 268 n 100; in military recruiting, 10–11; for voting rights, 175–195 disparate impact and treatment distinguished, 1–2, 28, 247 n 2 diversity rationale for, 53–57, 140– 154, 225–227 308 Affirmative Action in Antidiscrimination Law and Policy education (higher), 53–57, 138– 172, 223, 225–228, 256 n 75 education (K–12), 110–135, 164– 168, 227–229, 268 n 100 employment/contracting, 7–11, 34– 107, 225–243 Equal Employment Opportunity Commission (EEOC), undertakings /guidelines for, 7–8, 43–49, 93–98 equal opportunity as goal of, 45– 46, 49–50, 53–59, 93–99, 116, 120–121, 167 equal treatment v. equal results, 1– 2, 40–41, 53–54, 229 federal programs (sampler) promoting, 7–22 gender discrimination, 42, 51, 64– 67, 83–86, 163–172, 229 as a group remedy for: disparateimpact discrimination affecting protected groups, 1–2, 28–32, 41–48, 247 ns 1–2; intentional discrimination affecting protected groups, 28–32, 41–48, 62–64, 111–112 historically black/white colleges, 13–17, 158–163 housing discrimination, 203–222, 228 impact of, 83–86, 119–124, 140– 143, 173–193, 196–197, 203– 206, 235–243 intentional race/ethnic/gender discrimination (de jure) as rationale, 1–2, 28–32, 41–48, 62–64, 111–112, 247 ns 1–2 issues (summary) about, 223–246 mandated or voluntary, 7–8, 28, 41, 43, 47, 50, 54–67, 77–78, 93–95, 110, 112–114, 123, 130, 154, 161, 171, 175, 182–183, 220–221, 224, 230 military recruiting, 10–11 minority business enterprises, 17– 22, 34–41 Nixon policy, 50, 120, 122 Office of Federal Contract Compliance Programs (OFCCP) undertakings/guidelines for, 9, 49–51, 99–107 origins and evolution (legislative and regulatory) of, 23–32, 39– 107, 109–171, 131–132, 173– 201, 206–222, 225–231, 268 n 100 outlook for, 225, 245–246 outreach, goals, and timetables, 7– 11, 43–52, 77–83, 87–107, 158– 159, 161, 226, 258 n 124 overinclusiveness, claim of, 34–38 preferences and quotas, 34–41, 49, 50–52, 54–83, 106–107, 186– 195, 225–231, 257 n 85, 258 n 124 proportional representation for/ underutilization of protected groups, 1–2, 43–51, 53, 54–83, 122–123, 158–159, 161–162, 168–171, 182–185, 196–201, 225–231 public opinion surveys, 243–245 Reagan policy, 62, 258 n 120 Reconstruction, 23–32 reverse discrimination claim, 2–3, 8, 37, 49, 52, 54–55, 58–59, 61, 84, 93, 138, 232–233, 247 n 8 statistical basis of, 81–83 strict scrutiny as a constitutional standard for, and central issue about, 54, 70–83, 183–195, 225...