Determine the legality of affirmative action

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Reference no: EM132090771

Courts have developed different standards to determine the legality of affirmative action, depending on whether the employer is in the private or public sectors. For private sector employers, they have to have an affirmative action plan that is remedial in nature, address a manifest imbalance in protected classes, and remedy the underutilization of protected classes over a period of time. In the public sector (government employers,) courts use a strict scrutiny standard to determine if there is a compelling government interest to having affirmative action, and require that the plan be narrowly tailored to address past discrimination. These two different standards can lead to different results simply due to which sector the employer is in. Do you think having these two (2) different standards is the best way to administer affirmative action? Or should there be one (1) standard that applies to all cases, regardless of who the employer is?

Reference no: EM132090771

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