For both public and private employers, affirmative action plans are subject to strict scrutiny.

Question

Quizplus · Accepted Answer

Affirmative action plans, whether implemented by public or private employers, are subject to strict scrutiny by the courts to ensure they do not violate the Equal Protection Clause of the Fourteenth Amendment or federal anti-discrimination laws. This level of review requires the employer to show that the affirmative action plan is narrowly tailored to achieve a compelling governmental interest.

For Both Public and Private Employers, Affirmative Action Plans Are