Document Type
Article
Publication Date
2006
Abstract
This Note argues that Title VII doctrine both illuminates internal contradictions of Grutter v. Bollinger and provides a framework for reading the opinion. Grutter's diversity rationale is a broad endorsement of integration that hinges on the quantitative concept of critical mass, but the opinion's narrow-tailoring discussion instead points to a model of racial difference that champions subjective decisionmaking and threatens to jettison numerical accountability. Title VII doctrine supports a reading of Grutter that privileges a view of diversity as integration and therefore cautions against the opinion's conception of narrow tailoring. Grutter, in turn, can productively inform employment discrimination law. The opinion reaffirms principles of contested Title VII precedent and suggests how employers might use affirmative action to meaningfully integrate their workforces.
Disciplines
Civil Rights and Discrimination | Constitutional Law | Education Law | Labor and Employment Law | Law | Law and Race
Center/Program
Center for Constitutional Governance
Recommended Citation
Jessica Bulman-Pozen,
Grutter at Work: A Title VII Critique of Constitutional Affirmative Action,
115
Yale L. J.
1408
(2006).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/1544
Included in
Civil Rights and Discrimination Commons, Constitutional Law Commons, Education Law Commons, Labor and Employment Law Commons, Law and Race Commons