Doreking, to answer the question you asked "where did I get this from" I copied and emailed the thread to 5 employment lawyers, 1 at the DOJ, 1 who teaches employment law at a law school (that response is above) and 3 at law firms.
I have heard back from two, both who have said that you can consider race as a factor in employment decision-making.
I know very little about employment law so it is hard for me to have an opinion on the law here, other than to listen to experts. I do know that Managing Partners often say they are looking for diversity in their hiring and that they openly have different class rank criteria for under represented minorities.
I do know a good deal about the Grutter v. Bollinger case as my boss for 12 years and mentor, Kent D. Syverud, was an expert witness testifying at the Supreme Court and the keynote speaker at a conference on Grutter and took me with him to it. In admissions decisions you certainly can consider race as a factor.
This post was edited on 4/26 10:00 PM by SpiveyDore