Affirmative action plans illegally discriminate against white job candidates if there is no proof that the employer’s hiring goals were adopted to remediate a history of discrimination against the protected group, a federal appeals court has ruled.

“Unless an affirmative action plan has a remedial purpose, it cannot be said to mirror the purposes of [Title VII],” U.S. Circuit Judge Carol Los Mansmann wrote in her 22-page opinion in Schurr v. Resorts International Hotel Inc.

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