The establishment of racial quotas in the name of affirmative action brought charges of so-called reverse discrimination in the late 1970s. Although the U.S. Supreme Court accepted such an argument in Regents of the University of California v. Bakke (1978), it let existing programs stand and approved the use of quotas in 1979 in a case involving voluntary affirmative-action programs in unions and private businesses. In the 1980s, the federal government's role in affirmative action was considerably diluted. In three cases in 1989, the Supreme Court undercut court-approved affirmative action plans by giving greater standing to claims of reverse discrimination, voiding the use of minority set-asides where past discrimination against minority contractors was unproved, and restricting the use of statistics to prove discrimination, since statistics did not prove intent.
The Civil Rights Act of 1991 reaffirmed a federal government's commitment to affirmative action, but a 1995 Supreme Court decision placed limits on the use of race in awarding government contracts; the affected government programs were revamped in the late 1990s to encompass any person who was “socially disadvantaged.” Since the mid-1990s, in a public backlash against perceived reverse discrimination, California and a number of other states have banned the use of race- and sex-based preferences in state and local programs and contracting, and public education. A 2003 Supreme Court decision concerning affirmative action in universities allowed educational institutions to consider race as a factor in admitting students as long as it was not used in a mechanical, formulaic manner. This requirement was tightened by the Court in 2013, which said that courts that approve of the consideration of race in university admissions must be sure that the diversity achieved could not have been accomplished using other means.
In Europe, the European Court of Justice has upheld (1997) the use in the public sector of affirmative-action programs for women, establishing a legal precedent for the nations of the European Union.
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