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Affirmative action produced some key legal changes that offered greater opportunity for minorities and seemed to go some way to meeting criticisms that civil rights progress had been limited to political change and had done little to meet economic and social inequality. In 1980 the Supreme Court accept that reasonable quotas were legal and that a federal law reserving 15% of public works to be reserved for qualified minority contractors. The opportunities for minorities were helped by Connecticut v Teal (1982) a Supreme Court decision making employers liable for race discrimination if selection procedures affected the opportunities of minorities disproportionally. Additionally, with deferral laws and the backing of the Supreme Court it could be argued that there was progress. There was an increase in the percentage of white-collar jobs held by African American men and women by the 1990s and a rise in physicians from 2.2 to 4.5% African American higher education professors doubled in the 1990s, attorneys rose 6 times and engineers 4 times. Therefore, Affirmative Action seemed to have had an effect on employment opportunities and its legality had been established. However, though there had been increases, the considerable inequality of representation of minorities in top positions and the professions remained.

However, its success in being generally politically and socially accepted was less marked as Reagan actively opposed quotas and the Justice Department backed legal cases which challenged the principle of positive discrimination. By 1984 the Equal Employment Opportunity Commission was filing 60% fewer cases than it had in 1980 because of cuts in funding and political opposition. There was too a turn in the legal tide with the Wygant v Jackson Board of Education 1986 overturning the legality of a policy of a school board in laying off white teachers before non-white teachers to defend the employment of minorities.

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2021 - F/M - 9489/42 | Q3

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