A school district has established a system of hiring that provides preferences to certain individuals on the basis of race. An otherwise qualified applicant, a member of a non-preferred race, has filed suit against the school district claiming that the school's hiring policy violates the Equal Protection clause of the U.S. Constitution and Title VII of the Civil Rights Act of 1964. Although the school acknowledges that its race based actions are not required as a remedial measure, the school claims its policy is justified by the need to achieve racial diversity in the district. The applicant sues.

Please answer Plaintiff (P) or Defendant (D) according to which of these parties ismost likelyto prevail (the school is the Defendant (D) in each case).