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26 Berkeley J. Emp. & Lab. L. 1 (2005)
Putting Grutter to Work: Diversity, Integration, and Affirmative Action in the Workplace

handle is hein.journals/berkjemp26 and id is 7 raw text is: Berkeley Journal of Employment and Labor Law VOLUME 26 2005 NUMBER 1 ARTICLES Putting Grutter to Work: Diversity, Integration, and Affirmative Action in the Workplace Cynthia L. Estlundt I. INTRODUCTION .............................................................................. 2 II. AFFIRMATIVE ACTION AND DIVERSITY IN THE WORKPLACE ............ 5 III. DEFENDING AFFIRMATIVE ACTION BEFORE GRUTTER .................. 8 IV. GRU7TER'S INNOVATION ............................................................... 14 A. Why Affirmative Action? From Diversity to Integration ...... 15 B. How and How Much Affirmative Action? Critical Mass and H olistic Review .................................................................... 18 V. DOES GRU7TER WORK AT WORK? SOME INITIAL PUZZLES ........... 19 A. Diversity Arguments for Workplace Affirmative Action ..... 21 B. The Integration Argument for Workplace Affirmative A ction .................................................................................... 23 VI. CAN EMPLOYERS ASSERT THE CMC VALUE OF INTEGRATION TO JUSTIFY AFFIRMATIVE ACTION? ................................................ 26 VII. How GRUTTER CHANGES THE EQUATION ....................................... 31 t Isidore and Seville Sulzbacher Professor, Columbia Law School. The author would like to thank Jim Brudney, Sam Issacharoff, and Henry Monaghan, as well as the participants in faculty colloquia at Columbia Law School and the University of Houston School of Law, for their insightful comments on earlier drafts. The author would also like to .thank Jordan Bleicher for his research assistance. All remaining errors are the author's. Some of what follows appeared in an earlier form in Cynthia L. Estlund, Taking Grutter to Work, 7 GREEN BAG 2d 215 (2004).

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