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REVERSE DISCRIMINATION

NCJ Number
59126
Journal
Editorial Research Reports Volume: 11 Issue: 5 Dated: (AUGUST 6, 1976) Pages: 563-580
Author(s)
S STENCEL
Date Published
1976
Length
20 pages
Annotation
MANY EMPLOYERS TODAY COMPLAIN THEY ARE TRAPPED BETWEEN DEMANDS TO INCREASE OPPORTUNITIES FOR WOMEN AND MINORITIES AND CHARGES BY WHITE MALES THAT AFFIRMATIVE ACTION IS REVERSE DISCRIMINATION.
Abstract
A THOROUGH ANALYSIS IS PRESENTED OF THE PROBLEM STEMMING FROM THE GOVERNMENT'S DECADE-OLD POLICY OF REQUIRING EDUCATORS AND EMPLOYERS TO TAKE AFFIRMATIVE ACTION TO PREVENT RACIAL OR SEXUAL DISCRIMINATION. GROWING NUMBERS OF WHITE MALES, HOWEVER, ARE GOING TO COURT CHARGING THEY ARE VICTIMS OF REVERSE DISCRIMINATION. THIS ARTICLE, WRITTEN IN 1976 BEFORE THE BAKKE DECISION, DISCUSSES SEVERAL COURT CASES. PREFERENTIAL TREATMENT IS ANALYZED AND THE CASE FOR AND AGAINST THE POLICY IS OUTLINED. JUSTICE WILLIAM O. DOUGLAS IN THE LANDMARK DEFUNIS CASE STATED THAT 'THERE IS NO CONSTITUTIONAL RIGHT FOR ANY RACE TO BE PREFERRED,' BUT A BRIEF SUBMITTED TO THE SUPREME COURT IN THE SAME CASE STATED THAT 'PREFERENCE WHICH AIDS MINORITIES IS PERFECTLY CONSISTENT WITH THE PURPOSE OF THE 14TH AMENDMENT.' THIS ARTICLE DISCUSSES HIRING AND ADMISSIONS DISPUTES IN THE ACADEMIC WORLD, WHERE BACKLASH AGAINST AFFIRMATIVE ACTION IS GIVEN. THE PHILADELPHIA PLAN, WITH GOVERNMENT-SET GOALS FOR THE NUMBER OF BLACKS AND OTHER MINORITIES TO BE HIRED ON FEDERAL CONSTRUCTION PROJECTS IS HIGHLIGHTED AS IS THE DEFUNIS CASE. LEADING COURT CASES STEMMING FROM THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION'S (EEOC) INVESTIGATIONS OF EMPLOYMENT DISCRIMINATION ARE INCLUDED. THE CONTROVERSY OVER SENIORITY RIGHTS THAT STEMMED FROM THE 1974 RECESSION'S LAYOFFS OF MINORITIES IS PRESENTED, AND ATTACKS ON SENIORITY AS A BASIS FOR DISCRIMINATORY JOB PROTECTION ARE ANALYZED. THE FRANKS CASE IN WHICH THE SUPREME COURT UPHELD THE RIGHT TO AWARD SENIORITY RIGHTS RETROACTIVELY TO PERSONS WHO COULD PROVE DISCRIMINATION IS CITED AS A LANDMARK. ALTERNATIVES TO SENIORITY-BASED LAYOFFS, SUCH AS WORKSHARING AND ROTATING LAYOFFS, CONCLUDE THE ARTICLE.