Grant Danskine v. Miami Dade Fire Department

MARCUS, Circuit Judge:

In this appeal, we address once again the legality of the Miami-Dade County Fire Department’s affirmative action plan. Twice before this Court has addressed the plan, in litigation primarily challenging preferences awarded on the basis of race and national origin. Those aspects of the plan have long since been terminated. The plan continues to give preferential treatment to women, however, and it is that aspect of the plan which we consider today.

Appellants are males who applied unsuccessfully for entry-level firefighter positions with the County Fire Department between…