VOLUNTARY AFFIRMATIVE ACTION AND PREFERENTIAL TREATMENT: LEGAL AND RESEARCH IMPLICATIONS

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.