Legal Status of Affirmative Action Voluntary AAPs should be ‘narrowly tailored’ to achieve ends – temporary measure that would cease when underrepresented group reaches parity w/ representation in labor market Preferences re: terminations or layoffs inappropriate, as are barriers to selection/promotion of ‘overrepresented’ group Preferential practices only appropriate where there is indication of past discrimination Substantial, inexplicable disparity in number of female/minority ees in certain occupations relative to population statistics Preferential practices only appropriate when job candidates judged to be ‘equally qualified’ Care should be taken to avoid ‘reverse discrimination’ Supreme Court decisions generally decided by narrow margin, changing Court membership may tip decisions in opposite direction