The United Steelworkers of America and Kaiser Aluminum entered into a master collective bargaining agreement covering terms and conditions of employment at fifteen Kaiser plants. The agreement contained an affirmative action plan designed to eliminate conspicuous racial imbalances in Kaiser’s then almost exclusively white craftwork forces. African American craft-hiring goals were set for each Kaiser plant equal to the percentage of African Americans in the respective local labor forces. To meet these goals, on-the-job training programs were established to teach unskilled production workers—African Americans and whites—the skills necessary to become craft workers. The plan reserved for African American employees 50 percent of the openings in these newly created in-plant training programs.
Pursuant to the national agreement, Kaiser altered its craft-hiring practice in its Gramercy, Louisiana, plant by establishing a program to train its production workers to fill craft openings. Selection of craft trainees was made on the basis of seniority. At least 50 percent of the new trainees were to be African American until the percentage of African American skilled craft workers in the Gramercy plant approximated the percentage of African Americans in the local labor force. During this affirmative action plan’s first year of operation, thirteen craft trainees (seven African American, six white) were selected from Gramercy’s productions workforce.
The most senior African American selected had less seniority than several white production workers who were denied admission to the program. Does the affirmative action plan wrongfully discriminate against white employees and therefore violate the Civil Rights Act of 1964? Justify your decision.