Analyzes the legislative and judicial background of the Equal Employment Opportunities Commission (EEOC)'s 1978 Uniform Guidelines on Employment Selection Procedures. Argues that the guidelines' apparent objectives are at odds with those of the legislators who created the EEOC in the 1960s: the guidelines force employers to discriminate by race.…

The arguments in favor of preferential treatment for some groups are faulty. An examination of these arguments is included. Although victims of discrimination should be helped, programs should promote race-, gender- or ethnically conscious hiring. Affirmative action has led to a increase in bureaucratically-caused discrimination. (PS)