Employment Regulation

Some employers may be motivated to adopt affirmative action as a result of social or ethical responsibility.

No other employment practice is more misunderstood than affirmative action.

The complaining parties in reverse discrimination suits are restricted to being white males.

The problem with consent decrees is that third parties can initiate an indefinite number of litigations against the AAP.

Statistical imbalances, in and of themselves, are not sufficient to justify preferential treatment.

Affirmative action shifts the premise of equal opportunity from group rights to individual rights.

Proponents of AA programs believe preferential treatment actually creates racial barriers rather than removing them.

Only state and local governments and their agencies can violate the Equal Protection Clause.

It is acceptable to hire an unqualified candidate from a preferred group rather than a qualified person from a non-preferred group.

Provided the employer has shown a good faith effort to attain AAP goals, the OFCCP and the EEOC are unlikely to take adverse action against the employer for failing to reach them.

The Civil Rights Act of 1991 now provides a degree of protection to third parties of consent decrees.

Before 1995, when it comes to affirmative action the private sector was held to a higher standard of judicial review compared to government employers.

Diversity goals are permanent whereas affirmative action goals are temporary.

The EEOC was successfully sued for reverse discrimination because its affirmative action plan had become a permanent fixture.

The Supreme Court has held that societal discrimination does not come under the domain of Title VII.

Federal courts have long permitted employers to consider race and ethnicity as the sole decision criterion under formal AAPs.

The first part of the strict scrutiny test is to determine if a program is narrowly tailored.

When conducting utilization analysis, failing to consider the relevant labor market for applicants is a frequent problem.

The classes of employees entitled to preferential selection under federally mandated AAPs are more extensive than those under Title VII.

There is only one definition for affirmative action: AA involves the preferential hiring and promoting of protected group members in order to remedy underutilization.