Title VII forbids employers from basing employment decisions on an individual’s race, color, religion, sex or national origin. But the U.S. Supreme Court has twice upheld an employer’s right to voluntarily adopt race- and gender-conscious employment policies that the employer thinks will remedy inherent work force imbalances.
While the Supreme Court has never overturned an employer’s voluntary affirmative action policy, lower courts have struck down such policies when they have strayed beyond Title VII’s legislative goals, and unnecessarily trammeled upon the rights of male and nonminority employees.
Beyond voluntary affirmative action
Courts have struck down affirmative action plans aimed simply at promoting workplace diversity because Title VII doesn’t say diversity trumps discrimination based on a protected characteristic like race.
Selecting a candidate simply because he belongs to a race you would like be...(register to read more)