Affirmative Action in Georgia: A Brief Look

Outside the Supreme Court as affirmative action cases argued inside — Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, and Students for Fair Admissions, Inc. v. University of North Carolina. Credit: Victoria Pickering

By Tiffany Harte
Digital Storytelling Content Manager

In a recent groundbreaking ruling, the U.S. Supreme Court delivered a decision that marked the end of race-conscious admission programs at colleges and universities across the nation. The court’s six-justice conservative supermajority invalidated admissions procedures at both Harvard and the University of North Carolina, signifying a profound change in higher education policy.

This decision overturned longstanding precedents that have been sustained over several decades by narrow Supreme Court majorities, sometimes including justices appointed by Republican presidents. It terminated the public and private educational institutions' capacity to use race as one of many considerations in determining which eligible applicants should be admitted.

Affirmative action has long been a topic of debate in the United States. The term “affirmative action” originates from an executive order by President John F. Kennedy in 1961 (E.O 10925) that mandated federal contractors to ensure equal treatment of applicants regardless of race, color, religion, sex, or national origin. Over the years, affirmative action policies have evolved, and race was one of the factors considered in university admissions.

Affirmative Action in Georgia

Georgia has played a role in the history of affirmative action with a significant court case related to race-based admissions, Johnson v. Board of Regents (2001). In this case, three white female students sued the University of Georgia (UGA) after being rejected. They sued UGA for adding a fixed numerical bonus to the admission scores of non-white and male applicants. The Eleventh Circuit of the U.S. Court of Appeals ruled that this practice violated the Equal Protection Clause of the Fourteenth Amendment.

Despite this ruling, all public universities in Georgia have affirmative action plans and equal opportunity statements as federal contractors. However, the University System of Georgia reported in 2018 that none of its 26 universities consider race in admissions. Instead, some universities, such as Emory, Georgia Tech, and UGA, have sought to diversify their populations by recruiting more rural students, taking into account economic adversity.

Donata Ross recalls her childhood growing up in Atlanta as the daughter of businessman Herman Russell. She talks about the affirmative action programs that Maynard Jackson created and the impact that it had on Atlanta’s Black community, minority businesses, and more specifically, her father’s construction company.

Georgia Legislation

The Georgia Fair Employment Practices Act of 1978 prohibits state agencies from discriminating based on race, sex, age, disability, national origin, color, or religion. However, there are no laws protecting sexual orientation and gender identity from discrimination by state agencies or private employers.

Efforts to expand anti-discrimination and civil rights laws have been made, but they have failed. Recently, in April 2022, Governor Kemp signed a bill into law that limits discussions about race in the classroom.

Cover of Affirmative Action Program for Dekalb County Government guide from 1984. Kenan Research Center at Atlanta History Center

Affirmative Action Plans in Georgia: Historical Records

Kenan Research Center at Atlanta History Center holds records of early affirmative action plans from the late 1970s to early 1980s, including:

1. Atlanta Gas Light Company records of goals for diversifying the company
2. Central Atlanta Progress commitment to affirmative action plans in housing
3. DeKalb County plan and statistics on implementing affirmative action
4. U.S. Dept of Labor pamphlet on affirmative action with notes

These records provide insight into the early efforts to implement affirmative action policies in Georgia.

Conclusion

Affirmative action in Georgia has a complex history, with court cases, university policies, and state legislation shaping its landscape. While race-based admissions have been struck down nationally, universities in Georgia continue to implement affirmative action plans and strive to diversify their student bodies. The ongoing discussions surrounding race and affirmative action demonstrate the importance of understanding and addressing inequality in education and the workplace.