000			01364pab a2200169 454500
008			180718b2007 xxu||||| |||| 00| 0 eng d
100			_aRiccucci, Norma M.
245			_aMoving away from a strict scrutiny standard for affirmative action: implications for public management
260			_c2007
300			_ap.123-41.
362			_aJun
520			_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.
650			_aPublic administration
773			_aAmerican Review of Public Administration
908			_aN
909			_a75207
999			_c75207 _d75207