Relying on cherry - picked statutory history, Brennan found that Title VII's plain text did not prohibit collectively bargained,
voluntary affirmative action programs that attempt to remedy disparate impact — statistical imbalances in the racial composition of employment groups — even if such
plans used quota systems.
My comment is that I'm not sure how clear the legal restrictions are in light of
voluntary affirmative actions cases like Weber and Johnson, which both provide for the permissibility of such race and gender AA
plans under certain conditions.