Title Vii And Affirmative Action In Washington
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FAQ
In a 6-2 decision written by Chief Justice John Roberts, the Supreme Court held that using race as a factor in college admissions violates the equal protection clause. The majority acknowledged that the equal protection clause protects students from discrimination based on race.
Washington is one of eight states that have banned the consideration of race in university admissions and public employment. The effects of affirmative action policies are contested.
As a federal contractor, the University of Washington maintains an Affirmative Action Program.
Affirmative action provides a preventative mechanism for universities, particularly publicly funded universities, to preserve the sanctity of Title VI by ensuring their admissions practices do not enable discrimination on the basis of race, color, or national origin.
Employers, labor organizations and other persons subject to title VII may take affirmative action based on an analysis which reveals facts constituting actual or potential adverse impact, if such adverse impact is likely to result from existing or contemplated practices. (b) Effects of prior discriminatory practices.
The footnote carves out an exception to the landmark ruling: While nearly all colleges and universities must stop all practices of affirmative action in admissions, the nation's military academies can continue because of “potentially distinct interests,” the majority opinion states.
For federal contractors and subcontractors, affirmative action must be taken by covered employers to recruit and advance qualified minorities, women, persons with disabilities, and covered veterans.
Title VII requires an employer to enact affirmative action plans. Seniority, or the length of service on the job, is frequently used to determine entitlement to employment benefits, promotions, or transfers, and even job security itself.