California, United States of America
The following excerpt is from Hi-Voltage Wire Works, Inc. v. City of San Jose, 101 Cal.Rptr.2d 653, 12 P.3d 1068, 24 Cal.4th 537 (Cal. 2000):
13. Contrary to the City's argument, this determination does not render "preferential treatment" surplusage. An overt act of discrimination against one person does not require the granting of preferential treatment to another. Preferential treatment may, but does not necessarily, involve overt discrimination. "`[Preferences' includes, at a minimum, programs or policies that use racial or gender classifications." (Coalition for Economic Equity v. Wilson (N.D.Cal.1996) 946 F.Supp. 1480, 1489, fn. 4 (Coalition I).)
14. As used in our discussion of section 31, "race" includes color, ethnicity, and national origin.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.