What was the evidence of manifest imbalance in traditionally

Question

Problem

Shea v. Kerry

i. What is the legal issue in this case? What did the appeals court decide?

ii. The court, in this decision, reviews two important Supreme Court cases (Weber, Johnson) on affirmative action under Title VII. What did these two Supreme Court decisions say about when affirmative action would be lawful?

iii. What was the evidence of "manifest imbalances" in traditionally segregated job categories within the Foreign Service?

iv. What was the evidence that the State Department's affirmative action plan did not "unnecessarily trammel" the rights of white employees?

v. What measures had the Foreign Service taken before turning to its race-conscious affirmative action plan? Should it have stuck with these measures? Why or why not?