I think just about any other approach would have been better, or more to the point for this conversation more constitutional.
Even equal opportunity laws that apply to the private sector (I support such laws for the public sector), although perhaps constitutional, infringe on peoples rights of free association, but they are a milder and much preferable method to deal with discrimination and the legacy of past discrimination then affirmative action.
I would particularly see as incorrect court mandated affirmative action. That would IMO clearly be legislating from the bench. But even when not imposed by a court racial preferences imposed by the government would seem to run afoul of
"Amendment XIV
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws .
law.cornell.edu
and more clearly and directly it would contradict the following part of the 1964 civil rights act -
"UNLAWFUL EMPLOYMENT PRACTICES
SEC. 2000e-2. [Section 703]
(a) It shall be an unlawful employment practice for an employer -
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or
(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin.
(b) It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin. "
eeoc.gov |
