The term itself refers to both mandatory and voluntary programs intended to
affirm the civil rights of designated classes of individuals by taking positive
action to protect them from, in the words of Justice william j. brennan jr., "the lingering effects of pervasive discrimination" (
Local 28 of the Sheet Metal Workers' Int'l Assoc.v. EEOC, 478 U.S. 421, 106 S. Ct. 3019, 92 L. Ed. 2d 344 [1986]). A law school, for example, might voluntarily take affirmative action to find and
admit qualified students of color. An employer might recruit qualified women where only men have worked before, such as businesses that operate heavy equipment.
(snip)
On June 23, 2003, the Court ruled 6-3 against the under graduate policy because it made each candidate's race the "deciding" factor but uphead 5-4 the law school's process because a compelling state interest exists for universities to create racially diverse campuses.
affirmative action legal definition of affirmative action. affirmative action synonyms by the Free Online Law Dictionary.
Now one that mirrors yours but goes on to further state:
A common principle is that whether for admissions or employment, affirmative action programs such as targeted recruitment and goals are encouraged to remedy past effects of discrimination;
quotas are disfavored. Affirmative action in American employment law has evolved through a series of governmental proclamations, court decrees, and voluntary programs
instigated by employers in the private sector. Private employers who receive no public funding are not required to adopt affirmative action policies. Affirmative action policies are enforced by the entities adopting them if they are voluntary, while affirmative action policies required by government mandates can be enforced
through the legal system.
(through the legal system means once a business is found to have seriously discrminated in the past)
Affirmative Action Law & Legal Definition