A rich, multifaceted history of affirmative action from the Civil Rights Act of 1866 through today’s tumultuous times From acclaimed legal historian, author of a biography of Louis Brandeis (“Remarkable” —Anthony Lewis, The New York Review of Books, “Definitive”—Jeffrey Rosen, The New Republic) and Dissent and the Supreme Court (“Riveting”—Dahlia Lithwick, The New York Times Book Review), a history of affirmative action from its beginning with the Civil Rights Act of 1866 to the first use of the term in 1935 with the enactment of the National Labor Relations Act (the Wagner Act) to 1961 and John F. Kennedy’s Executive Order 10925, mandating that federal contractors take “affirmative action” to ensure that there be no discrimination by “race, creed, color, or national origin” down to today’s American society. Melvin Urofsky explores affirmative action in relation to sex, gender, and education and shows that nearly every public university in the country has at one time or another instituted some form of affirmative action plan--some successful, others not. Urofsky traces the evolution of affirmative action through labor and the struggle for racial equality, writing of World War I and the exodus that began when some six mil­lion African Americans moved northward between 1910 and 1960, one of the greatest internal migrations in the country’s history. He describes how Harry Truman, after becoming president in 1945, fought for Roosevelt’s Fair Employment Practice Act and, surprising everyone, appointed a distinguished panel to serve as the President’s Commission on Civil Rights, as well as appointing the first black judge on a federal appeals court in 1948 and, by executive order later that year, ordering full racial integration in the armed forces. In this important, ambitious, far-reaching book, Urofsky writes about the affirmative action cases decided by the Supreme Court: cases that either upheld or struck down particular plans that affected both governmental and private entities. We come to fully understand the societal impact of affirmative action: how and why it has helped, and inflamed, people of all walks of life; how it has evolved; and how, and why, it is still needed.

Publisher Fact Sheet Puts current debate in historical context.

Affirmative action continues to be one of the most hotly contested issues in America. Volatile and divisive, the debates over its legitimacy have inspired a number of "reverse discrimination" suits in the federal courts. Like the landmark 1978 Bakke decision, most of these have focused on preferential treatment given racial minorities. In Johnson v. Santa Clara, however, the central issue was gender, not race discrimination, and the Supreme Court's decision in that case marked a resounding victory for women in the work force. Johnson v. Santa Clara involved two people who in 1980 competed for a dispatcher position with the transportation department of Santa Clara County, California. Paul Johnson had more experience and slightly higher test scores, but Diane Joyce was given the job based on affirmative action. An irate Johnson sued the county and won, only to have the decision reversed in appellate court. That reversal was subsequently upheld in the Supreme Court's 1987 decision, reaffirming that it was legitimate for employers to consider gender in hiring. Preeminent legal historian Melvin Urofsky proves an exemplary guide through the complexities of this case as he takes us from the workplace through the various levels of our federal court system. Balancing the particulars of the case with an overview of constitutional law and judicial process, he creates a model legal history that is both appealing and enlightening for the non-scholar. Urofsky is especially good at highlighting the fundamental human drama of this case and shows how Johnson and Joyce were simply ordinary people, each with valid reasons for their actions, but both ultimately caught up in legal and social issues that reached well beyond their own lives. Affirmative Action on Trial pointedly addresses the issue of sex discrimination and the broader controversy over the place of affirmative action in American society. The latter continues to generate headlines, like those that followed the 1996 Supreme Court decision to let stand a lower-court ruling that race cannot be used as a determination for admission to academic programs. More recently, several states have even taken steps to end affirmative action altogether. While it's hard to tell how such actions will ultimately impact affirmative action, there's no question that the rulings in cases like Johnson v. Santa Clara will continue to guide and influence the debates both inside and outside the courtroom.

A rich, multifaceted history of affirmative action from the Civil Rights Act of 1866 through today’s tumultuous times From an acclaimed legal historian, a history of affirmative action from its beginning with the Civil Rights Act of 1866 to the first use of the term in 1935 with the enactment of the National Labor Relations Act (the Wagner Act) to 1961 and John F. Kennedy’s Executive Order 10925, mandating that federal contractors take “affirmative action” to ensure that there be no discrimination by “race, creed, color, or national origin” down to today’s American society. Melvin Urofsky explores affirmative action in relation to sex, gender, and education and shows that nearly every public university in the country has at one time or another, successfully or not, instituted some form of affirmative action plan. Urofsky traces the evolution of affirmative action through labor and the struggle for racial equality, writing of World War I and the exodus that began when some six mil­lion African Americans moved northward between 1910 and 1960, one of the greatest internal migrations in the country’s history. He describes how Harry Truman, after becoming president in 1945, fought for Roosevelt’s Fair Employment Practice Act and, surprising everyone, appointed a distinguished panel to serve as the President’s Commission on Civil Rights, as well as appointing the first black judge on a federal appeals court in 1948 and, by executive order later that year, ordering full racial integration in the armed forces. In this important, ambitious, far-reaching book, Urofsky writes about the affirmative action cases decided by the Supreme Court: cases that either upheld or struck down particular plans that affected both governmental and private entities. We come to fully understand the societal impact of affirmative action: how and why it has helped, and inflamed, people of all walks of life; how it has evolved; and how, and why, it is still needed.

Chapter 22 was written by Sharlene McEvoy, an alumna of Albertus Magnus College.