Affirmative action refers to a set of policies and practices within a government or organization seeking to address systemic discrimination. Historically and internationally, support for affirmative action has been justified by the idea that it may help with bridging inequalities in employment and pay, increasing access to education, and promoting diversity, social equity, and social inclusion and redressing alleged wrongs, harms, or hindrances, also called substantive equality.
The Civil Rights Act of 1964 is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requirements, racial segregation in schools and public accommodations, and employment discrimination. The act "remains one of the most significant legislative achievements in American history".
The U.S. Equal Employment Opportunity Commission (EEOC) is a federal agency that was established via the Civil Rights Act of 1964 to administer and enforce civil rights laws against workplace discrimination. The EEOC investigates discrimination complaints based on an individual's race, color, national origin, religion, sex, age, disability, genetic information, and retaliation for participating in a discrimination complaint proceeding and/or opposing a discriminatory practice.
Executive Order 11246 was an executive order of the Article II branch of the U.S. Federal government, in place from 1965 to 2025, specifying non-discriminatory practices and affirmative action in federal government hiring and employment.
The California Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH), is an agency of California state government charged with the protection of residents from employment, housing and public accommodation discrimination, and hate violence. It is the largest state civil rights agency in the United States. It also provides representation to the victims of hate crimes. CRD has a director who is appointed by the governor of California and maintains a total of five offices and five educational clinics throughout the state. Today, it is considered part of the California Business, Consumer Services, and Housing Agency.
The Office of Federal Contract Compliance Programs (OFCCP) is part of the U.S. Department of Labor. OFCCP is responsible for ensuring that employers doing business with the federal government comply with the laws and regulations requiring nondiscrimination. This mission is based on the underlying principle that employment opportunities generated by Federal dollars should be available to all Americans on an equitable and fair basis.
The Revised Philadelphia Plan, often called the Philadelphia Plan, required government contractors in Philadelphia to hire minority workers, under the authority of Executive Order 11246. Declared illegal in 1968, a revised version was successfully defended by the Nixon administration and its allies in Congress against those who saw it as an illegal quota program. US Department of Labor Assistant Secretary for Wage and Labor Standards Arthur Fletcher implemented the plan in 1969 based on an earlier plan developed in 1967 by the Office of Federal Contract Compliance and the Philadelphia Federal Executive Board. The plan required federal contractors to meet certain goals for the hiring of minority employees by specific dates in order to combat institutionalized discrimination on the part of specific skilled building trades unions. The plan was quickly extended to other cities.
In the United States, affirmative action consists of government-mandated, government-approved, and voluntary private programs granting special consideration to groups considered or classified as historically excluded, specifically racial minorities and women. These programs tend to focus on access to education and employment in order to redress the disadvantages associated with past and present discrimination. Another goal of affirmative action policies is to ensure that public institutions, such as universities, hospitals, and police forces, are more representative of the populations they serve.
Employment discrimination law in the United States derives from the common law, and is codified in numerous state, federal, and local laws. These laws prohibit discrimination based on certain characteristics or "protected categories". The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. State laws often extend protection to additional categories or employers.
Executive Order 10925, signed by President John F. Kennedy on March 6, 1961, required government contractors, except in special circumstances, to "take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, or national origin". It established the President's Committee on Equal Employment Opportunity (PCEEO), which was chaired by then Vice President Lyndon Johnson. Vice Chair and Secretary of Labor Arthur Goldberg was responsible for the "general supervision and direction" of the Committee's operations. Ten other senior executive appointees also sat on the Committee.
Executive Order 13087 was signed by U.S. President Bill Clinton on May 28, 1998, amending Executive Order 11478 to prohibit discrimination based on sexual orientation in the competitive service of the federal civilian workforce. The order also applies to employees of the government of the District of Columbia, and the United States Postal Service. However, it does not apply to positions and agencies in the excepted service, such as the Central Intelligence Agency, National Security Agency, and the Federal Bureau of Investigation.
Executive Order 11478, signed by U.S. President Richard M. Nixon on August 8, 1969, prohibited discrimination in the competitive service of the federal civilian workforce on certain grounds. The order was later amended to cover additional protected classes.
A protected group, protected class (US), or prohibited ground (Canada) is a category by which people are qualified for special protection by a law, policy, or similar authority. In Canada and the United States, the term is frequently used in connection with employees and employment and housing. Where illegal discrimination on the basis of protected group status is concerned, a single act of discrimination may be based on more than one protected class. For example, discrimination based on antisemitism may relate to religion, ethnicity, national origin, or any combination of the three; discrimination against a pregnant woman might be based on sex, marital status, or both.
Employment practices liability is an area of United States labor law that deals with wrongful termination, sexual harassment, discrimination, invasion of privacy, false imprisonment, breach of contract, emotional distress, and wage and hour law violations. It may be categorized as a form of professional liability. Employment practices liability insurance (EPL) is sold as a type of management liability insurance, which is related to professional liability insurance.
Executive Order 11375, signed by President Lyndon B. Johnson on October 13, 1967, banned discrimination on the basis of sex in hiring and employment in both the United States federal workforce and on the part of government contractors.
The Human Rights Commission of Austin (Texas) was established on October 5, 1967, by the City of Austin Ordinance 671005-B. The current version of the ordinance can be found at Section 2-1-148 of The Code of the City of Austin, Texas.
LGBT employment discrimination in the United States is illegal under Title VII of the Civil Rights Act of 1964; employment discrimination on the basis of sexual orientation or gender identity is encompassed by the law's prohibition of employment discrimination on the basis of sex. Prior to the landmark cases Bostock v. Clayton County and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission (2020), employment protections for LGBT people were patchwork; several states and localities explicitly prohibit harassment and bias in employment decisions on the basis of sexual orientation and/or gender identity, although some only cover public employees. Prior to the Bostock decision, the Equal Employment Opportunity Commission (EEOC) interpreted Title VII to cover LGBT employees; the EEOC determined that transgender employees were protected under Title VII in 2012, and extended the protection to encompass sexual orientation in 2015.
Victoria Ann Lipnic is an American lawyer and public figure. She served in multiple senior United States government positions. She was Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC), nominated to two terms by President Barack Obama, 2010 – 2020.) She served as Chair (Acting) of the EEOC under President Donald J. Trump from 2017 – 2019. Prior to her appointments to the EEOC, she was Assistant Secretary of Labor under President George W. Bush. The United States Senate confirmed her unanimously to each of these positions.
Charlotte A. Burrows is an American attorney and government official. From 2021 to 2025, Burrows served as Chair of the Equal Employment Opportunity Commission (EEOC). Burrows first joined the agency as a commissioner in 2015, and previously served as an associate deputy attorney general. A member of the Democratic Party, Burrows also served as an aide and counsel to Senator Ted Kennedy.
