Does an existing educational, employment, or contractor/vendor program or practice have to be intentionally discriminatory for an affirmative action program to be put in place?
No. For example, when one educational institution reviewed its construction and purchasing program, it determined that its use of businesses owned by women, and minorities did not correlate positively with the availability of such businesses in the area. Therefore, the Office of the Senior Vice President for Finance developed a program to respond to this situation.