Affirmative Action Defense Strengthened For Contractors

Law360, New York (February 18, 2014, 5:38 PM EST) -- In Fuller v. Edwin V. Stimpson Co Inc., a Florida district court ruled that a federal contractor employer will not be prejudiced by use of a spreadsheet that identifies employees for reduction in force ("RIF") by race in the context of its affirmative action program, and that the use of race as a favorable factor in a RIF decision does not support a race discrimination claim. The decision does not mention the so-called “affirmative action defense,” see Johnson v. Transportation Agency, Santa Clara County, 480 U.S....
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