What Are the Five Key Issues in Determining the Legality

question 14

Essay

What are the five key issues in determining the legality of an affirmative action plan involving preferential hiring or promotion of minorities?

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Definitions:

Voluntary Compliance

The principle or practice of willingly adhering to laws, regulations, or guidelines without the need for enforcement actions.

Hybrid Rulemaking

A regulatory process that combines elements of both formal rulemaking (with a trial-type hearing) and informal rulemaking (with the notice-and-comment procedure).

Consent Orders

Consent Orders are legal agreements approved by a judge or authority, typically used to resolve disputes without trial, where all parties agree to specific terms.

Judicial Review

The process by which courts examine the actions of the legislative, executive, and administrative arms of the government to ensure they align with the constitution or established law.