Because of past racial discrimination, senior employees at a plant are all white. The junior workers are racially mixed. A reduction in business forces the firm to fire half its workers. To protect the racial composition of the workers, the company will lay off white older workers. This policy is likely to be viewed by the courts as:

Question

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This policy would violate a bona fide seniority system, as it would be based on race rather than length of service or other legitimate factors. It is also important to note that this policy would not necessarily create an affirmative action program, as affirmative action typically involves taking proactive steps to increase diversity rather than simply preserving it.

Because of Past Racial Discrimination, Senior Employees at a Plant