Voluntary Affirmative Action Plans
How many standards are there for a voluntary affirmative action plan?
4
When governmental employers are involved, the plans can be....
challenged under the US Constitution- the constitutional standards for the validity of such plans are somewhat different
Voluntary affirmative action plans are raised by the employer as a defense to...
disparate treatment (either individual or systemic) under Title VII
The second standard is....
plan does not "unnecessarily trammel the interests" of other employees (no discharge of other employees; no complete bar to their advancement; no specific set-asides, NO QUOTAS)
The plaintiff must show that the plan is a ____________ for discrimination in order to win-- i.e., the plaintiff must prove that the plan is invalid
pretext
The plaintiff must establish a....
prima facie case of disparate treatment
After the plaintiff, the employer then articulates the legitimate nondiscriminatory reason for the treatment, i.e __________________
the existence of a voluntary affirmative action plan
The third standard is....
the plan is flexible (periodic adjustments should be made)
The fourth standard is.....
the plan is temporary (to attain, not maintain, balance)
The first standard is....
women/minorities are not traditionally employed in these positions; there is a "manifest imbalance"
