Los Angeles Daily Journal

Although California's Proposition 209 makes it unlawful for the state to grant "preferential treatment" to any individual or group, it also provides exceptions to the ban on preferential treatment for a number of reasons, including keeping the state or local government eligible to receive federal funds. Companies receiving federal funds should be mindful of these requirements to ensure compliance with both federal law and Proposition 209. Through an examination of recent cases, Littler explains which aspects of affirmative action employment programs violate Prop 209 and which do not.