What is the test for race-conscious relief under section 706(g) of the Civil Rights Act?
The following excerpt is from Association Against Discrimination in Employment, Inc. v. City of Bridgeport, 25 FEP Cases 1013, 647 F.2d 256 (2nd Cir. 1981):
Second, the remedy for a proven violation of anti-discrimination laws need not be "color blind" but "may in the appropriate case include a racial or ethnic factor." Fullilove v. Klutznick, supra, 100 S.Ct. at 2777 (opinion of Burger, C. J.). Section 706(g) specifically provides that upon finding a violation a court may "order such affirmative action as may be appropriate," 42 U.S.C. 2000e-5(g), and 703(j) of the Act does not bar race-conscious relief. That section provides, in pertinent part, as follows:
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