That was a court penalty o because of the three

This preview shows page 1 - 3 out of 6 pages.

they promote a certain number of African Americans to reach parity. That was a court penalty. o Because of the three consecutive strikes, the court decided to impose the order that for every white promotion, they must have a black promotion. It sounds like a quota, but it was a penalty handed down by the court. (1972)
Image of page 1

Subscribe to view the full document.

- Quotas are against the law and not part of Affirmative Action legislation. - Bakke case (1978) determined that quotas were illegal. This was a med school case in California (UC-Davis). The language of looking at the “whole person” was introduced when reviewing applications. Never examined how the use of legacy played a part in selection. - What can employers do? o If a business required employees to be 6ft. tall, this would disproportionately affect women, since they are, on average, shorter. This is not intentional discrimination against women, but it might have a disparate impact. o Disparate treatment – The Alabama Police example was disparate treatment in terms of promotions. o It has to be shown that the disparity is unrelated to business objectives in the disparate impact, but if business can show it’s a bona fide occupational qualification or business necessity, then you can discriminate. - No schools or business are required by law to be Affirmative Action organizations. TAMU is not, and never has been. You can be an EOE (Equal Opportunity Employer) but use or have an affirmative action plan. Also, those organizations that claim Affirmative Action status are not required to outline a plan publicly or with the law. They can only have goals, and not allowed quotas. They can title something Affirmative Action, but they aren’t even required to have a policy in place. - The school may have diversity goals, but those can be public or private. They can have a plan or title for a plan but do not have to have any policies in place to enact that plan.
Image of page 2
Image of page 3
You've reached the end of this preview.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern