Question

Which of the following forms of affirmative action is unconstitutional?

a. a federal mandate for highway contractors to advertise for employees widely b. a court ordered affirmative action admissions policy for a university found to have discriminated in the past c. a quota on hiring black firefighters in an urban area with a history of court-documented discrimination d. a quota for hiring minority teachers in a public school district seeking to have a more diverse faculty

Answer 1

Quota based affirmative action are unconstitutional and against the equal protection right as per the US courts. Even though, race can be acknowledged and taken into account on a case to case basis, a quota based system is unconstitutional because it discriminates against the majority.

The correct option is D. Because a quota for hiring minority teachers means that someone more qualified and suitable might be denied from the job because of his/her race and that is unconstitutional.