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Legal Status of Affirmative Action

Legal Status of Affirmative Action. Voluntary AAPs should be ‘narrowly tailored’ to achieve ends – temporary measure that would cease when underrepresented group reaches parity w/ representation in labor market

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Legal Status of Affirmative Action

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  1. Legal Status of Affirmative Action • Voluntary AAPs should be ‘narrowly tailored’ to achieve ends – temporary measure that would cease when underrepresented group reaches parity w/ representation in labor market • Preferences re: terminations or layoffs inappropriate, as are barriers to selection/promotion of ‘overrepresented’ group • Preferential practices only appropriate where there is indication of past discrimination • Substantial, inexplicable disparity in number of female/minority ees in certain occupations relative to population statistics • Preferential practices only appropriate when job candidates judged to be ‘equally qualified’ • Care should be taken to avoid ‘reverse discrimination’ • Supreme Court decisions generally decided by narrow margin, changing Court membership may tip decisions in opposite direction

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