01295pab a2200133 454500008004000000100002300040245010700063260000900170300001400179362000800193520088900201650002601090773004501116180718b2007   xxu||||| |||| 00| 0 eng d  aRiccucci, Norma M.  aMoving away from a strict scrutiny standard for affirmative action: implications for public management  c2007  ap.123-41.  aJun  aThis article addresses the concept of strict scrutiny, the burden of persuasion test used by the courts to determine the constitutionality of affirmative action. Through a systematic analysis of US Supreme Court decisions, it illustrates that strict scrutiny has been applied in an inconsistent, arbitrary manner and, therefore, should not serve as the basis for judicial review of affirmative action programs. It shows that the rule of law established under the Civil Rights Act provides an equally if not more compelling basis for judging the legality of affirmative action programs. Relying on the legal standards advanced by the courts under civil rights statutes provides managers with greater flexibility in developing and implementing affirmative action programs. In effect, the ability of governments to promote diversity of their workforces is greatly enhanced. - Reproduced.  aPublic administration  aAmerican Review of Public Administration