Adarand Constructors v.Pena (1995)

Question

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Adarand Constructors v. Pena required specific evidence of discrimination to justify set asides of contracts for minority businesses. The court ruled that race-based classifications, even those intended to benefit minorities, are inherently suspect and will be subject to strict scrutiny. Therefore, the burden of proof on employers to prove that their employment qualifications do not discriminate against minorities was increased. However, the court did not uphold affirmative action in the construction business.

Adarand Constructors V.Pena (1995)