 The Court found that the plan did not violate the protection against discrimination on the basis of sex in Title VII of the Civil Rights Act of 1964.Sex based affirmative action refers to policies adopted by employers and educational institutions that allow for the consideration of sex as one factor in employment actions or university admissions.Because Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment actions on the basis of sex, affirmative action plans must meet the test laid out by the Supreme Court in "United Steelworkers v. Weber" (1979).