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achieve actual victims adopted affirmative action plan affirmative action program agency Amendment amicus curiae apprentices BankAmerica Board City Civil Rights compliance consent decree contract corporate Court of Appeals court order curiae decision Department discriminatory dissenting District Court EEOC effects efforts equal employment opportunity Executive Order 11246 F.Supp federal contractors filed brief Firefighters force Fourteenth Amendment goals and timetables hiring goals imposed individuals issue Jackson Justice Brennan Justice O'Connor Justice Powell Justice White layoff litigation managers members and women membership goal ment minority groups minority-group members narrowly tailored nonminority nonwhite objectives OFCCP opinion past discrimination percent percentage petitioners plaintiff position practices prior discrimination promotion public employer qualified race race-conscious racial balance racial preferences racial quotas recruitment relief require reverse discrimination says Secretary of Labor Section seniority Stotts supra Supreme Court tion Title VII United violation Weber women and minority-group Wygant