Affirmative Action

The courts and government agencies permit colleges and universities to voluntarily consider race to further the compelling interest of achieving diversity on campus. However, any such consideration must be narrowly tailored to avoid running afoul of the Constitution and the Supreme Court’s decisions in Grutter v. Bollinger and Gratz v. Bollinger. Institutional officials should be familiar with the complexities of complying with affirmative action law.

• Affirmative Action in Employment
• Resource Pages

• U.S. Department of Labor Resource Page on Affirmative Action

• NACUA Affirmative Action Resource Page 

  NACUA

• U.S. Department of Labor Resource Page on Executive Order 11246 (Prohibiting discrimination by federal contractors) 

• Publications

• U.S. Department of Labor, Sample Affirmative Action Plan

• Affirmative Action in Admissions
• Resource Pages

• NACUA Affirmative Action Resource Page 

  NACUA

• University of Texas - Office of Legal Affairs Resource Page on Fisher v. Texas

• Publications

• U.S. Department of Education and U.S. Department of Justice Guidance on the Voluntary Use of Race to Achieve Diversity in Postsecondary Education

  U.S. Dept. of Education, U.S. Dept. of Justice, 2011

• After the Gold Rush? Grutter, Sander and ‘Affirmative Action’ “On the Run” in the Twenty-First Century 

  Anthony V. Baker, 2009, NACUA

• Beyond Federal Law: Trends and Principles Associated with State Laws Banning the Consideration of Race, Ethnicity, and Sex Among Public Education Institutions

  Arthur L. Coleman, Jamie Lewis Keith, Katherine E. Lipper, 2012, American Association for the Advancement of Science, EducationCounsel