Affirmative Action Is Affirmative Action Program Voluntary or Remedial? Is Challenge to Legality under Title VII or the Constitution? Is Preference for Employment or Some Other Entitlement? Is Preference in Employment for Hiring or Layoff?

Affirmative Action: Test for Legality Voluntary Affirmative Action under Title VII: consistent with purposes of Title VII: overcome manifest statistical imbalance in traditionally segregated job doesn’t “unnecessarily trammel” interests of non- preferred group: absolute or relative preference? temporary duration? goal or quota? one factor among many?

Affirmative Action: Tests for Legality Constitutional Challenge: Equal Protection under 5th or 14th Amendment:“Strict Scrutiny” Test: Is the preference necessary for a “compelling governmental purpose”? Is the preference “narrowly tailored” to the achievement of that purpose? –Impact on non-preferred group? –Nature of preference?