If it is shown on remand that the city’s hiring of African Americans has increased substantially since inception of the consent decree in 1980 and that the fire department has closed some, but not...



If it is shown on remand that the city’s hiring of


African Americans has increased substantially since


inception of the consent decree in 1980 and that


the fire department has closed some, but not all,


of the gap between the racial composition of its


workforce and the percentage of qualified African


Americans in the surrounding area, would that be


evidence that there is no longer a compelling governmental interest at stake or does it simply demonstrate the efficacy and continued necessity of the


affirmative action plan that has been in place?



May 26, 2022
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