AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Sex Discrimination - Affirmative Action
Federal appeals court upholds an unsuccessful
17-year old plan to hire more women firefighters, but directs management
to work to eliminate preferences in 3-4 years. Danskine v. Miami Dade Fire
Dept., #99-14493, 253 F.3d 1288, 2001 U.S. App. Lexis 12152 (11th Cir.).
[2001 FP 123]
Federal appeals court upholds 1996 California
voter initiative which prohibits "preferential treatment" on
the basis of “race, sex, color, ethnicity, or national origin in the operation
of public employment, public education or public contracting.” Coalition
for Economic Equality v. Wilson, 1997 U.S.App. Lexis 6512, 73 FEP Cases
(BNA) 821, 110 F.3d 1431 (9th Cir.). [1997 FP 73-4]
Voluntary affirmative action program to consider
a candidate's sex was lawful to overcome underrepresentation; rejected
male who scored higher is without a remedy. Johnson v. Transp. Agency,
Santa Clara Co., 107 S.Ct., 55 LW 4379 (3/25/87).