Race-Based Preferential Treatment Programs: Raising the Bar for Establishing Compelling Government Interests

In 1995 a series of federal court decisions called into question the efficacy of race-based preferential treatment programs initiated by two leading public universities.1 Both decisions occurred at a time when government-imposed, race-conscious remedial measures are being increasingly challenged on...

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Bibliographic Details
Published in:Public personnel management 1998-09, Vol.27 (3), p.349-360
Main Authors: Robinson, Robert K., Paolillo, Joseph G. P., Reithel, Brian J.
Format: Article
Language:English
Subjects:
Affirmative Action
African Americans
Analysis
Civil rights
College admissions
Court decisions
Discrimination in education
Educational discrimination
Effects
Employment
Equal Protection
Equal rights
Federal court decisions
Federal Programs
Gender
Government
Hiring
Human resource management
Minority & ethnic groups
Polls & surveys
Preferences
Prevention
Public Policy
Public sector
Race
Race discrimination
Race Relations
Racial discrimination
Studies
United States
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Summary:In 1995 a series of federal court decisions called into question the efficacy of race-based preferential treatment programs initiated by two leading public universities.1 Both decisions occurred at a time when government-imposed, race-conscious remedial measures are being increasingly challenged on the grounds that they either violate the Civil Rights Act of 1964,2 or breach the guarantee of equal protection under the laws provided by the Fourteenth Amendment. Most recently, a federally mandated race-based preference was successfully challenged on the grounds that it violated an “implied” equal protection clause in the Fifth Amendment.3 As a further indication of this shift away from state supported racial preferences, legislation is pending in Congress4 that, if enacted, would make the consideration of any individual's race, color, national origin or gender in regard to selection or eligibility for any federal program unlawful.
ISSN:0091-0260
1945-7421
DOI:10.1177/009102609802700305