The United States Department of Education (ED) and the United States Department of Justice issued this guidance to explain how, consistent with existing law, postsecondary institutions can voluntarily consider race to further the compelling interest of achieving diversity. It replaces the August 28, 2008 letter issued by ED's Office for Civil…

This paper discusses legal implications for employment as a result of Bakke v. Regents of University of California, a reverse discrimination case that ruled in favor of the plaintiff. It refers to Weber v. Kaiser Aluminum and Chemical Corporation, a case that may turn out to be more significant than Bakke because it involves jobs, money, and who…

Discusses legal and legislative decisions, Department of Education mandates, and other events that are relevant to race and sex desegregation throughout the nation. Briefly updates desegregation news from 36 states and the District of Columbia. (MK)

Argues that the United States Supreme Court will more likely uphold its decision in "Regents of the University of California v. Bakke" (a 1978 higher education affirmative-action case) than overturn it. (Contains 41 references.) (PKP)

Describes the problem arising from the Supreme Court's divided opinion in the 1978 higher education affirmative-action case of "Regents of the University of California v. Bakke"; discusses the outcome of several affirmative-action cases since "Bakke"; speculates on future efforts to further student diversity in higher…

Chapter 16 of a book on school law provides a legal overview of employment discrimination on the basis of race. A litany of cases has been adjudicated or are currently in litigation. Selected cases are reviewed briefly and arguments for and against the affirmative action guidelines are presented. The main area of complaint about the guidelines is…

The purpose of this paper is to discuss whether affirmative action plans for public schools and institutions of higher education can be justified under the compelling interest clause of the Fourteenth Amendment. Part 1 of the paper provides an historical as well as legal chronology of affirmative action in the U.S. Part 2 takes an analytical look…

Analyzes the "Weber" case and speculates about the impact the Supreme Court ruling may have on personnel and industrial relations practitioners. Available from the Employee Relations Law Journal, Executive Enterprises Publications Co., Inc., 33 West 60th Street, New York, New York 10023; $48.00/year. (Author/IRT)

Uses a question-and-answer format to amplify the "Weber" decision and explain how the case affects an employer. Is particularly concerned with the role of quotas in affirmative action plans. (IRT)

Outlines major unanswered questions raised by the "Weber" case, such as how voluntary the quota system at Kaiser was, the union's duty of fair representation, and the nature of permissible benign quota systems. (IRT)

The federal government should act quickly to formulate a rational policy that will encourage the use of part-time faculty members as a means for promoting affirmative action in colleges and universities. (Author/IRT)

The nondiscrimination principle is process-oriented, and proof of its violation must focus on the process and criteria of decision making--i.e., intent either to discriminate or to disadvantage based on race. Civil rights laws should allow defendants to show good faith as a claim against illegal discrimination. (KH)

In deciding that a person with a serious hearing handicap could be denied entry into a nursing program, the Supreme Court held that Section 504 of the Rehabilitation Act of 1973 does not require affirmative action but imposes the lesser obligation that institutions avoid discrimination against handicapped persons. (Author/IRT)

The "Weber" decision lacks the clarity, coherence, and convincing power appropriate for the work of the Supreme Court. These qualities are often the first casualties of judicial forays into the legislative thicket. Available from American Enterprise Institute, 1150 17th Street, N.W., Washington, DC 20036; sc $2.50. (Author/IRT)

This document includes verbatim transcripts and prepared statements from the hearings on sex discrimination and sex stereotyping before the Subcommittee on Elementary, and Vocational Education. The report presents the findings of the Subcommittee on the status of women in vocational education, the enforcement of antidiscrimination legislation,…