NCJ Number
122245
Journal
Labor Law Journal Volume: 40 Issue: 7 Dated: (July 1989) Pages: 419-425
Date Published
1989
Length
7 pages
Annotation
Under certain circumstances public and private employers may give preference to one sex over another and employ racial quotas when attempting to remedy the effects of past discrimination.
Abstract
The statutory and constitutional underpinnings of such a policy are discussed in detail with emphasis on Title VII of the Civil Rights Act of 1964 and the Fourteenth Amendment to the U.S. Constitution. Relevant Supreme Court case law is also discussed as well as guidelines that should be followed in order for an affirmative action plan to be upheld under the Constitution. Legal racial quotas and gender preferences should destroy discrimination in traditionally segregated job categories and promote equal employment opportunity. 11 footnotes.