"The problem the government has is that the program has been in place for a generation," counters Kennedy. "At some point a remedial program serves its purpose or demonstrates it is ineffective. If it's served its purpose, the government can't justify continuing. If it is ineffective, the government can't justify its use."
In a perfect world, the Supreme Court would say that what happened to his company was "no different from discrimination," Randy Pech says. "And this not allowed under any circumstances. Period."
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