Abstract
Overall, Taxman illustrates the intersections of different lines of thought in affirmative action and the tensions in this area of law. The majority's rationale demonstrates the narrowing of Title VII discourse. Further, Taxnan shows how equal protection and Title VII not only intersect, but now overlap to a great extent, at least in the Third Circuit. The impact of Taxwmn, in a broad sense, will take time to reveal itself. For now, it is clear that in the Third Circuit, affirmative action plans must be based on remedial purposes and cannot extend to layoffs. Further, in a practical sense, the burden of Title VII has been substantially increased for employers, both public and private. However, beyond the Third Circuit, there remains some flexibility in affirmative action for those courts who would dare to use it in the anti-affirmative action climate of recent times.
Recommended Citation
Westby, Mary E.
(1998)
"Taxman v. Board of Education: The
Conflation of Equal Protection and
Title VII Standards in Affirmative
Action,"
Utah Law Review: Vol. 1998:
No.
3, Article 2.
Available at:
https://dc.law.utah.edu/ulr/vol1998/iss3/2