The opinion
STAPLETON, Circuit Judge,
concurring:
I agree that the Board’s non-remedial affirmative action decision is unlawful because non-remedial affirmative action employment decisions cannot pass muster under Title VII. It is unnecessary, however, for the court to decide whether the Board’s actions unnecessarily trammel Taxman’s interests. Accordingly, I would express no opinion on that issue. I join the remainder of the court’s opinion.