Some have tried to defend themselves, but litigation proved expensive, exhausting, chancy, and immensely time consuming. One case remains unsettled after more than six years in litigation. .

             Many voices say that quotas are used to right the past wrongs when so many minority groups were discriminated against, but even immigrants, if they belong to one of the protected classes are eligible for quota preferences. Leslie Spencer and Peter Brimelow, sociological researchers who have thoroughly researched the quota system, said that since immigrants can also receive quota preferences, it is "a pretty clear indication that quotas are not about righting past wrong, but about political power". Just as socialism has collapsed around the globe, the leading capitalist power has adapted a peculiarly American form of Neosocialism putting politics (and lawyers) in command of its workplace albeit on the pretext of equality rather than efficiency. This problem is only becoming worse because America has the most far reaching equal employment laws found anywhere in the world. .

             Many companies are afraid of these laws, and the fear of political punishment makes quotas very hard to research. A Kmart executive told a researcher, "We're not letting you anywhere near our program." Companies go beyond what is required just to avoid legal trouble. The manager of corporate employment status at Xerox, a company that uses quotas, states, "We have a process that we call 'balanced work force'. In Xerox, everyone understands that, and it is measurable by its goals and relative numbers. That is the hard business, that is what people do not like to deal with, but we do it all the time." Sears, Roebuck and Co. spent fifteen years and twenty million dollars to defeat an EECO discrimination suit. Sears prevailed mainly because they were able to show proof of a voluntary quota program. Many companies cling to programs such as these as a future defense in court even if it means putting up with some unqualified or incompetent workers.