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Affirmative Action

Affirmative Action

Learn about affirmative action and the requirements that must be met for a governmental policy favoring historically disadvantaged groups to be upheld.


Welcome to the lesson on affirmative action under the Equal Protection Clause. Up to now, we have focused on laws that discriminate on the basis of race and harm racial minorities, women, or other historically disadvantaged groups. But what about laws that are designed to discriminate in favor of those groups?

I. What is affirmative action?

Affirmative action policies generally seek to remedy past discrimination or prejudice by offering a preference for certain historically disadvantaged...