City of Richmond v. J.A. Croson Company: A Discussion of its Impact on Affirmative Action Programs

26 Pages Posted: 29 Oct 2009

See all articles by Stephen Lichtenstein

Stephen Lichtenstein

Bentley University - Department of Law

Margo E. K. Reder

Boston College - Carroll School of Management

Date Written: October 27, 1990

Abstract

The United States Supreme Court's decision in City of Richmond v. J.A. Croson Company has become a benchmark in affirmative action challenges which began more than a decade ago. The Court, in its clearest pronouncement yet on stateand municipal set-aside programs, applied a strict scrutiny standard of reviewand invalidated a racial preference program as violative of the Equal ProtectionClause of the 14th Amendment. While the Court has not precluded state or localentities from rectifying effects of identified discrimination within their jurisdiction,sponsors of such legislation now bear a heavy burden when justifying set-asideprograms. This article explores the case law leading to Croson as well asaffirmative action programs since this decision, in an effort to identify thoseelements which contribute to a successful municipal or state sponsored minoritybusiness enterprise plans.

Suggested Citation

Lichtenstein, Stephen and Reder, Margo E. K., City of Richmond v. J.A. Croson Company: A Discussion of its Impact on Affirmative Action Programs (October 27, 1990). North Atlantic Regional Business Law Review, Vol. 23, pp. 79-104, 1990 . Available at SSRN: https://ssrn.com/abstract=1495013

Stephen Lichtenstein

Bentley University - Department of Law ( email )

United States

Margo E. K. Reder (Contact Author)

Boston College - Carroll School of Management ( email )

140 Commonwealth Avenue
Chestnut Hill, MA 02467
United States
617.552.0410 (Phone)

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