Sanctions are not issued when an employer does not reach a goal. Sanctions can be issued if the employer does not demonstrate good faith in correcting problems in its recruitment or selection procedures. Affirmative Action is not synonymous with mediocrity or second best. Federal affirmative action regulations are clear that employers should hire the best qualified applicant for the position. The reality is that the most deserving candidates don't always get the job.
Merit is only a part of who gets hired or promoted.
Often the distinction between the qualifications of the top candidates for any position is small. In addition, extraneous factors such as favoritism, professional or personal associations, stereotypes and even discrimination find their way into the final decision. No study has empirically demonstrated that unqualified women or minorities attain positions solely on the basis of affirmative action. There is good evidence to suggest, however, that white men often get positions due to factors other than merit. Affirmative action does not mean giving preference to any group.