81-8173249 (ED Mich.), pp. U.S., at 432 Our ultimate goal must, of course, be "to eliminate entirely from governmental decisionmaking such irrelevant factors as a human being's race." It is clear, at any rate, that from among the many views expressed today, two noteworthy results emerge: a majority of the Court has explicitly rejected the argument that an affirmative-action plan must be preceded by a formal finding that the entity seeking to 77-011484CZ (Jackson Cty. U.S. 299 (1971). In this case, however, I am persuaded that the decision to include more minority teachers in the Jackson, Michigan, school system served a valid public purpose, that it was adopted with fair procedures and given a narrow breadth, that it transcends the harm to petitioners, and that it is a step toward that ultimate goal of eliminating entirely from governmental decisionmaking such irrelevant factors as a human being's race. , n. 5 (STEVENS, J., dissenting). the race-conscious layoff policy here was adopted with full participation of the disadvantaged individuals and with a narrowly circumscribed berth for the policy's operation. The Constitution does not allocate constitutional rights to be distributed like bloc grants within discrete racial groups; and until it does, petitioners' more senior union colleagues cannot vote away petitioners' rights. Three other Justices expressly declined to adopt any standard of review, deciding that the provision survived judicial scrutiny under either of the formulae articulated in Bakke. 473 I believe, therefore, that it is improper for this Court to resolve the constitutional issue in its current posture.
337

Footnote * (1949), but they do not involve the critical element here - layoffs based on race. In cases involving valid hiring goals, the burden to be borne by innocent individuals is diffused to a considerable extent among society generally. though some of them are in probationary status. (1971). [476 The Equal Protection Clause absolutely prohibits the use of race in many governmental contexts. U.S. 267, 277]. "When effectuating a limited and properly tailored remedy to cure the effects of prior discrimination, such a `sharing of the burden' by innocent parties is not impermissible." 448 ." Footnote 3 For example, a court may displace innocent workers by granting retroactive seniority to victims of employment discrimination. Moreover, this is not a case in which a party to a collective-bargaining agreement has attempted unilaterally to achieve racial balance by refusing to comply with a contractual, seniority-based layoff provision. similar purposes - such as the adoption of hiring goals - are available. U.S. 144, 152

448 Once again, minority teachers on the faculty were a rarity. U.S. 267, 299] It would appear, therefore, that each of the allegations as stated in the complaint can be substantiated based upon organizational records, court files, school records, special committee reports and the appraisal conducted by the Superintendent of Schools." Decisions by faculties and administrators of public schools based on race or ethnic origin are reviewable under the Fourteenth Amendment. (1961). Subscribe to America's largest dictionary and get thousands more definitions and advanced search—ad free! (1985) (STEVENS, J., concurring). Civ. Moreover, Article XII does not use layoff protection as a tool for increasing minority representation; achievement of that goal is entrusted to the less severe hiring policies. [ Since Weber involved a private company, its reasoning concerning the validity of the hiring plan at issue there is not directly relevant to this case, which involves a state-imposed plan. Finally, we must consider the harm to petitioners. . 466 Although the constitutionality of the hiring goal as such is not before us, it is impossible to evaluate the necessity of the layoff provision as a remedy for the apparent prior employment discrimination absent reference to that goal.
The Union that represents petitioners negotiated the provision and agreed to it; the agreement was put to a vote of the membership, and overwhelmingly approved.

However, the undisputed facts in this case demonstrate that this serious consequence to petitioners is not based on any lack of respect for their race, or on blind habit and stereotype. 41; Respondents' Lodging No. . See, e. g., post, at 301-302 (MARSHALL, J., dissenting). Clearly, however, we are not equipped for such factfinding, and if the hortatory ceiling of the affirmative-action plan is indeed to be considered a significant aspect of the case, then that would be an appropriate subject of inquiry on remand.


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