John T. Dellick


In Bratton v. City of Detroit, the United States Sixth Circuit Court of Appeals examined charges of reverse discrimination' arising from a voluntary affirmative action plan adopted by the City of Detroit. These reverse discrimination claims were presented as alleged violations of Title VIP and the fourteenth amendment. The Bratton court reviewed the leading Title VII reverse discrimination case, United Steelworkers of America v. Weber, and the leading fourteenth amendment reverse discrimination case, Regents of University of California v. Bakke. From these cases, the court in Bratton extracted the major guidelines of each, comingled them, and developed a single test to resolve both the constitutional and the statutory claim. In developing this test, the Bratton court may have shown that the fourteenth amendment requirements for permissible affirmative action are identical to those under Title VII, especially when Title VII is applied to a public employer.