Johnson, a white male, was passed over for a promotion to the position of road dispatcher. All candidates that were deemed qualified were given scored interviews. Johnson was tied for second highest score (with a 75). Joyce, the woman who received the promotion, had the next highest score (73). The director decided to promote Joyce following the intervention of the Agency Affirmative Action Coordinator and based in part on its affirmative action plan.

1.) What was the legal issue in this case? What did the Supreme Court decide? Why? 

2.) What does this case tell us about the conditions under which affirmative action is legal?

3.) What evidence does the County have of the need for affirmative action?

4.) Why does the Court conclude that the measures used to implement the County’s affirmative action plan do not unduly burden white males like Johnson?

5.) Do you agree with this decision? Why or why not?