Connie Cunico, a white woman, was employed by the Pueblo, Colorado, School District as a social worker. She and other social workers were laid off in seniority order because of the district’s poor financial situation. However, the school board thereafter decided to retain Wayne Hunter, a black social worker with less seniority than Cunico because he was the only black on the administrative staff. No racial imbalance existed in the relevant workforce with black persons constituting 2 percent. Cunico, who was rehired over two years later, claimed that she was the victim of reverse discrimination. She stated that she lost $110,361 in back wages plus $76,000 in attorneys’ fees and costs. The school district replied that it was correct in protecting with special consideration the only black administrator in the district under the general principles it set forth in its AAP. Did the employer show that its affirmative action in retaining Hunter was justified as a remedial measure? Decide. [Cunico v Pueblo School District No. 6, 917 F2d 431 (10th Cir)]