自愿性平权行动与优惠待遇:法律与研究启示

VOLUNTARY AFFIRMATIVE ACTION AND PREFERENTIAL TREATMENT: LEGAL AND RESEARCH IMPLICATIONS

PERSONNEL PSYCHOLOGY · 1988
被引 13
人大 AABS 4*

中文导读

回顾了美国最高法院关于自愿性平权行动中优惠待遇的裁决,分析了反向歧视诉讼的证据要求,并探讨了这些政策对组织和社会结果的潜在影响。

Abstract

This paper provides a review of recent Supreme Court decisions stemming from the implementation of voluntary AAPs that include preferential treatment as a remedy; the evidence and proof required to establish and defend against reverse discrimination claims is identified. Overall, the courts sanctioned the use of preferential treatment if it occured as part of a well‐conceived AAP. However, differences were found in the manner in which the courts adjudicated Title VII and constitutional claims of preferential treatment. The discussion examines research on the potential effects of voluntary AAPs on important organizational and societal outcome variables. We conclude that the impact of AAPs is likely to be far‐reaching, exerting an effect possibly well beyond the limits considered in court decisions.

法律组织行为人力资源管理公共政策