oa Fundamina : A Journal of Legal History - An historical overview of affirmative action in the United States of America

Volume 15, Issue 2
  • ISSN : 1021-545X
  • E-ISSN: 2411-7870



In both the United States of America and South Africa, issues of segregation and discrimination are not new. In these matters, both countries have a similar history as both experienced government-sanctioned racial discrimination and segregation. Both the United States of America, during the slavery era to 1865 and that of Reconstruction after 1876 following the Civil War, and South Africa, during the era, passed laws requiring or permitting the segregation of races in daily life. The segregation in both countries came with ''miscegenation laws'' (prohibitions against inter-racial marriages) and laws against hiring people of a particular race in any but menial positions. Such segregation in hiring practices contributed to an economic imbalance between races.

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