Affirmative action: Overview, definition, and example

What is affirmative action?

Affirmative action refers to policies or practices that aim to increase the representation of historically marginalized groups—such as racial minorities, women, and individuals with disabilities—in areas such as education, employment, and contracting. Affirmative action seeks to address past discrimination and promote diversity by providing these groups with enhanced opportunities. These policies are designed to level the playing field and ensure equal access to opportunities, particularly in situations where historical inequalities have created barriers to advancement.

For example, a university might implement affirmative action policies to ensure that students from underrepresented racial groups are given fair consideration in the admissions process.

Why is affirmative action important?

Affirmative action is important because it works to counteract the effects of systemic discrimination and inequality that have historically disadvantaged certain groups. By taking proactive steps to include people from underrepresented communities in education, employment, and other opportunities, affirmative action helps foster diversity, inclusivity, and fairness. These policies can help create more equitable social and professional environments by ensuring that opportunities are available to all individuals, regardless of their background or identity. In the workplace, affirmative action can also improve innovation and decision-making by bringing diverse perspectives to the table.

Understanding affirmative action through an example

Let’s say a company is hiring for a leadership position but notices that its workforce lacks diversity, particularly among women and people of color. In order to address this imbalance and promote diversity, the company implements an affirmative action policy that gives qualified candidates from underrepresented groups special consideration during the hiring process. This policy aims to ensure that the company’s workforce is more representative of the broader community and fosters a more inclusive environment.

In another example, a government agency may set specific goals for hiring individuals with disabilities as part of its affirmative action program. This initiative helps ensure that qualified individuals with disabilities are not overlooked in the hiring process and are provided with equal opportunities for employment.

An example of an affirmative action clause

Here’s how an affirmative action clause might appear in a contract or employment agreement:

“The Employer agrees to implement an affirmative action program to ensure equal employment opportunities for all individuals, including but not limited to minorities, women, veterans, and individuals with disabilities. The Employer will take proactive steps to recruit, hire, and promote qualified individuals from these groups and make reasonable accommodations to ensure equal access to employment opportunities.”

Conclusion

Affirmative action is a policy tool designed to promote equality and diversity by addressing historical discrimination and ensuring that marginalized groups have equal access to opportunities in education, employment, and other areas. By implementing affirmative action policies, institutions and organizations help create more inclusive environments and foster diversity, which can lead to greater innovation, fairness, and social cohesion. These efforts are critical in ensuring that all individuals, regardless of their background, have an equal opportunity to succeed.


This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.