California Public Employee Relations (CPER) Papers
CPER Selected Publications
Affirmative Action in California: What Is Permissible, What Is Not -- Part II
Abstract
This article explores the impact of two major developments that have a profound effect on the permissible boundaries of affirmative action: Proposition 209 and the U.S. Supreme Court decision in Grutter v. Bollinger. California’s Proposition 209 expressly calls for the elimination of discrimination, and authorizes minority and gender recruitment and outreach measures so long as these form a more general recruitment program. In the area of preferences afforded to achieve a more diverse student body in higher education, Prop 209 trumps Grutter and prohibits the use of minority status as a plus in admission programs.
Subject Area
Civil Rights, Conflict of Laws, Constitutional Law, Employment Practice, Law and Society, Legislation, State and Local Government Law, Women
Recommended Citation
John Liebert, Melanie Poturica, and Michael Blacher,
"Affirmative Action in California: What Is Permissible, What Is Not -- Part II"
(October 2003).
California Public Employee Relations (CPER) Papers.
CPER Selected Publications.
Working Paper 3.
http://law.bepress.com/cperselect/papers/art3
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