In Lomack v. City of Newark, the newly elected mayor decided to eliminate all single-race fire companies to improve morale. Dozens of firefighters were involuntarily transferred based on their race, and several sued, alleging a violation of Title VII. At the time, the city was operating under a consent decree requiring that it undertake certain measures to hire minority firefighters. What did the
court decide, and what was its reasoning?
a. because of the consent decree, the city was compelled to diversify its fire companies, so the transfers complied with affirmative action, and did not violate Title VII
b. because its overall goal was to treat all firefighters equally, the transfers did not violate Title VII
c. even though the consent decree required certain affirmative steps to hire minority firefighters, it was permissible under Title VII
d. the decisions to transfer were based on race, in violation of Title VII, and the consent decree did not require or condone such transfers
D
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