t companies don't try and fill quotas in their gender and ethnical hiring. Instead it is done entirely on skill alone. This is their weakest and most disputed argument. Especially when in many cases if two potential employees are close in skill the job will more than likely go to the potential employee who is a minority. As in the case of Paul Johnson versus Diane Joyce. Both had comparable skills, but even though Paul Johnson's oral interview was scored higher than Diane Joyce it was her that was selected for the job. "The Court upheld the county's use of Ms. Joyce's gender as a positive factor in choosing between these similarly-qualified candidates," (Work & Family). Another reverse discrimination case, one of the most famous in fact, happened in 1978. This case was the Regents of the University of California v. Bakke. In this case the Bakke had claimed that he was discriminated against, and that because he wasn't a women nor was he a minority, he was not admitted to medical school. With this medical school there are 100 new students admitted each year; however, there are 16 spots that are reserved for students that are in the minority. Mr. Bakke complained that because he was a white male he was unable to get into this medical school. One problem with his argument was that even if he would have been admitted to the school originally he would only have been the 85th ranked student in this particular class. This seriously affected the way people looked at his case. In the end the Supreme Court ruled that the affirmative action plan of the University was constitutional; however, their use of a quota was not constitutional. Therefore it was that the University had to do away with. While the case was before the courts Bakke was allowed to stay in school, and by the time that the case was done Bakke had in fact completed his schooling, thus eliminating his original complaint (Law and Politics). Even though there...
