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Affirmative Action

Navigation:  Home > Civil Rights Law > Affirmative Action


In the realm of public employment, affirmative action is becoming less and less acceptable. Through the 1960s and 1970s, courts (especially the Supreme Court) were more likely to allow affirmative action plans to redress the wrongs of past generations. However, public opinion has changed considerably on the matter, how the courts opinions are moving towards the public sentiment.

Now, affirmative action plans are often struck down as unconstitutional, and come under strict scrutiny from the courts. In other words, now affirmative action plans must be narrowly tailored to promote a compelling state interest, and more and more, courts are finding that redressing decades of racial discrimination is not as great a compelling state interest as it once was. In fact, in California, affirmative action of any kind is strictly prohibited by Prop 29.

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