Challenges to affirmative action plans adopted by private or government employers are tested under the Equal Protection Clause of the Constitution.

Name: Challenges to affirmative action plans adopted by private or government employers are tested under the Equal Protection Clause of the Constitution.
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Challenges to affirmative action plans by private employers are generally tested under Title VII of the Civil Rights Act, while government employers' plans are tested under the Equal Protection Clause.

Challenges to Affirmative Action Plans Adopted by Private or Government