Affirmative Action Law Key Terms

Find out more about affirmative action law by learning key terms
By Emmet McMahan An affirmative action law may be any law that controls the use of ethnicity, gender or race in an effort to provide equal opportunity. It frequently covers the procedures used to make educational and employment decisions, as well as health programs. The intent of affirmative action laws is to provide diversity throughout society and redress previous discrimination. Affirmative action laws in the United States have resulted in many court cases, and they also have been challenged on constitutional grounds.

Adverse impact

Adverse impact is the degree to which one group of people is less favored than another. Jurisdictions frequently set a specific standard for adverse impact.
Try:  The Commission on Human Rights and Opportunities for the state of Connecticut legally defines adverse impact. A group that is selected less than 80 percent as often as the favored group is considered to be adversely impacted.

Bakke decision

The Bakke decision was a landmark case on affirmative action decided by the Supreme Court of California in 1978. It prohibits a quota system in college admissions, but also rules that affirmative action programs are constitutional.
Try:  Above The Law discusses the Bakke decision and its impact on college admissions.

Jim Crow laws

Jim Crow laws were enacted between 1876 and 1965 and mandated the "separate but equal" status of non-whites during this period. Many affirmative action laws are intended to correct the effects of Jim Crow laws.
Try:  The University of Dayton has an article that argues in favor of affirmative action and specifically discusses the effect of Jim Crow laws on American society.

Minority group

A minority group can theoretically be any group that comprises less than half of a population. In the context of affirmative action laws, however, it usually refers to minority groups based on race, gender or religion.
Try:  BlackHistory.com describes some of the more common types of minority groups with regard to affirmative action laws.

Reverse discrimination

Reverse discrimination refers to a practice that favors a historically disadvantaged group over a historically advantaged group. In the context of affirmative action laws, this frequently refers to laws that favor blacks over whites or women over men.
Try:  USLegal provides an extensive discussion of reverse discrimination as a reason for opposing affirmative action laws.

Protected classification

A protected classification is a group of people that is protected by an affirmative action law. In the United States, this typically refers to people who are protected on the basis of race, religion, gender or disability.
Try:  HR Analytical Services provides a detailed definition of a protected classification with respect to affirmative action laws.