Affirmative Action. Basis of classificationStandard of reviewApplying the test RaceInherently suspect (difficult to meet) Is the classification necessary.

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Presentation transcript:

Affirmative Action

Basis of classificationStandard of reviewApplying the test RaceInherently suspect (difficult to meet) Is the classification necessary to accomplish a compelling governmental purpose and the least restrictive way to reach the goal? GenderIntermediate standard (moderately difficult to meet) Does the classification bear a substantial relationship to an important governmental goal? Other (age, wealth, etc) Reasonableness (easy to meet) Does the classification have a rational relationship to a legitimate governmental goal?

Definition: Programs that give preferences to certain groups as a result of past or present injustices.

Equality of Opportunity vs. Equal of Results

Three Types of Affirmative Action: 1. Quotas 2. Set asides 3. Preferences