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Asian-American Students and Affirmative Action

help recruit other blacks to the faculty and he helps to add five more minority faculty members (Bell 142). However, a seventh minority candidate is rejected despite stellar qualifications because the school claims it has achieved sufficient representation (Bell 143).

Geneva's first instinct is that the rejected candidate should sue the school for unlawful discrimination (Bell 149). However, the narrator observes that the courts have lessened their support for fair employment laws that would favor a judgment for the candidate based on his superior credentials and his race as a major factor in his rejection. Further, the narrator notes that the school could urge the court to find that neither federal law nor the Constitution would prohibit it from discriminating against minority candidates when their percentage on the faculty exceeds their percentage within the population (Bell 150).

In addition, Geneva notes that the school would be able to rely on court decisions supporting an employer's subjective decision-making in hiring decisions where there are few objective crit

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Asian-American Students and Affirmative Action. (1969, December 31). In LotsofEssays.com. Retrieved 02:02, May 05, 2024, from https://www.lotsofessays.com/viewpaper/1692882.html