In the case Dallas Fire Fighters Ass'n v. City of Dallas, white and Native American male fire fighters claimed race and gender-conscious promotions violated the Equal Protection Clause (Berkeley, 1996). The plaintiffs claimed the department passed them over for promotions solely on the basis of race or gender pursuant to the Department's affirmative action plan (Berkeley, 1996). The court held the constitutionality of an affirmative action plan, whether voluntary or court-ordered, must be subjected to strict scrutiny (Berkeley, 1996). The court found that the City's policy of "skip promotions" in the fire department was not narrowly tailored and therefore violated the plaintiff's equal protections rights (Berkeley, 1996). Likewise, the female
