In upholding a municipal affirmative action plan, Lindsay provides a point of departure for an analysis of the reverse discrimination questions inherent in such plans. Following a brief history of the development of preferential employment remedies and an examination of the Lindsay decision, this note will evaluate preferential relief and reverse discrimination within the framework of Lindsay, Title VII of the Civil Rights Act of 1964, and recent court decisions. Applicability of the Lindsay methodology to future reverse discrimination cases will be examined in light of apparent Supreme Court approval of a reverse discrimination cause of action under Title VII. Finally, the note will evaluate criteria for the review of preferential employment programs which will enable such programs to combine maximum efficacy with minimal reverse discrimination effects.
The Paradox of Preferential Treatment—Reverse Discrimination—The Implications of Lindsay v. City of Seattle, 86 Wn. 2d 698, 548 P.2d 320, cert. denied sub nom. Brabant v. City of Seattle, 97 S. Ct. 237 (1976),
53 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol53/iss1/7