When Affirmative Action Goes Wrong
Matthew Davison - Baker Donelson
January 25, 2010
In Humphries v. Pulaski County Special Sch. Dist., decided by the Eighth Circuit Court of Appeals on September 3, 2009, a white public school administrator was repeatedly denied promotion to assistant principal, allegedly because of the school district's affirmative action program and policies that favored promotion of African-American employees. Because the school district was legally compelled to engage in affirmative action efforts as part of a Consent Decree with the EEOC to remedy past discrimination against African Americans, the school district argued that its efforts to implement its court-approved affirmative action program could not be held against it.
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