Question: A County adopted a flexible affirmative action program with no specific quotas, but with the purpose of getting more women in certain positions in which
A County adopted a flexible affirmative action program with no specific quotas, but with the purpose of getting more women in certain positions in which there were no women. To accomplish its goal, the County hired a qualified woman instead of a man who had scored only a few points higher on a valid aptitude test. The man sued arguing the program was discriminatory. You would expect the Supreme Court held that this action was:
a legitimate affirmative action program
legal if the county could demonstrate that the woman was better qualified than the man
legal only if the county adopted a program with specific clearly specified quotas
illegal because the affirmative action program had not been approved by the EEOC
illegal because of reverse sex discrimination
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