Can a public university adopt hiring policies designed to give an advantage to African American and Latino job applicants?

a. No. Affirmative action is unconstitutional.

b. Yes, but the university must offer a persuasive justification.

c. Yes, but the university must offer a legitimate basis.

d. Yes, but the university must offer a compelling justification for the action.

b) Yes, the universities can adopt affirmative action, but justification must be provided. Hiring the marginalized groups through affirmative action may be a discriminatory measure in the eyes of the other group left behind. When resources get allocated to some groups because they are the minority, the left-out group feels left out or may term it as 'positive discrimination.' In this case, the university has to offer some persuasive justification to make the other group understand. Answers to how different the other group is creating economic growth or the issue of cultural diversification in terms of opportunities should be satisfactory put to make their actions understood.