Wally White, the owner of the Progressive Printing Company, had always been a civil rights pioneer. Back in the 1950s and 1960s, when such behavior was not always popular or fashionable, Wally had refused to discriminate against blacks and other racial minorities, instead hiring on a strictly color-blind basis. Now, Wally decides that the new millennium demands new, even more progressive, hiring policies for his company. Wally decides that at least 75 percent of his workforce will consist of African-Americans and other racial minorities, and these people will get first crack at all promotions. White employees and job-seekers, says Wally, will just have to wait their turn. This new plan, moreover, will be permanent. Wally’s plan is challenged as race-based employment discrimination under Title VII. Will it survive a Title VII attack? Why or why not?
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