Over the past decade, the United States Supreme Court has debated the extent to which employment decisions can be based on race or sex. As yet, the Court has not articulated a controlling test to evaluate the legality of all types of affirmative action plans. A review of the relevant cases, however, reveals that the Court uses the same standards to test the validity of both voluntary and court ordered affirmative action plans regardless of whether the challenge is brought under Title VII or the equal protection clauses.
Maureen E. Lally-Green,
Affirmative Action: Are the Equal Protection and Title VII Tests Synonymous?,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol26/iss2/5