Affirmative Action: Should the Army Mend It or End It
Abstract
In Adarand Constructors, Inc. V. Pena, the Supreme Court held for the first time that courts reviewing federal affirmative action programs must apply a strict scrutiny standard. This thesis examines the impact the strict scrutiny standard will have on the United States Army's employment practices, especially as they pertain to the promotion of Army officers and civilian employees. The Army's current military promotion procedures would not pass Adarand's strict scrutiny standard. The Army does not clearly identify a compelling interest justifying its procedures and it does not narrowly tailor the application of its procedures to further a compelling interest. This thesis analyzes the Army's military promotion procedures and recommends ways to "mend" identified problem areas. This thesis also examines the Army's civilian promotion procedures. Army-level procedures appear to be race and gender neutral and, therefore, probably not subject to Adarand's strict scrutiny standard. Sometimes local practices are not neutral, however, and they would be subject to Adarand's standard. This thesis identifies problems with civilian procedures at the local level and recommends ways to "mend" those problems as well.
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 01, 1996
- Accession Number
- ADA444421
Entities
People
- Holly O. Cook
Organizations
- The Judge Advocate General's Legal Center and School