Affirmative Action
Marlene S. Smith
MGT/434
October 28, 2013
Thomas
Affirmative Action Affirmative action is an action that was purposefully designed to provide full and equal opportunities for employment and education for women, minorities, and other individuals belonging to disadvantaged groups. This paper will assess the rudiments of Affirmative Action as it applies to public and private sector employers. The paper will also evaluate what employers are subject to affirmative action plans, what the plans require employers to do, and what happens if employers do not meet the objectives of the affirmative action plan.
Affirmative action has been around for many years. Fullinwinder (2009), “Affirmative action means positive
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The Executive Order 11246 states employers must prepare a written affirmative action plan within 120 days. The plan must contain the following: the employer’s current workforce in regard to race and sex, a detail analysis stating whether minorities or females are under-represented or under-utilized in the workforce, the rules and regulations for job categories in which minorities or females are under-represented, an action plan or goals necessary to fix the problem areas, and a detail time table for when the employer plans to achieve these goals. When developing an affirmative action plan this can be time consuming and this requires heavy documentation, reviews, and updates. When implementing an affirmative action plan, the plan must apply to all facilities and employees (Phillips, 2010).
Courts can require employers to adopt an affirmative action plan as a remedy under Title VII. The requirements in court ordered affirmative action plans prevent employers from allowing unqualified individuals from being hired or promoted. A court ordered affirmative action plan must be temporary only until the employer can achieve the goals set under the plan.
There are strict penalties if the affirmative action plan is not followed. When an employer is under a court order to obey an affirmative action plan, the employer could be subject to hefty fines. If the plans are not followed
During the last part of this century, businesses and organizations have heavily relied on affirmative actions laws to ensure equal employment opportunities. The failure of this dependence upon legislation is that is doesn't address the full spectrum of diversity in the workplace (6). Affirmative actions laws have limitations, discriminating against people holding protected-class status such as women, African Americans, Hispanic Americans, Asian Americans,
Affirmative action is a policy or a program that seeks to redress past discrimination of minorities through active measures in order to ensure equal opportunity, as in education and employment. In other words, it is policy that was established to hopefully eliminate racial preference and equalize the United States. The fight against discrimination has been a long lasting one that started with the case of Plessy vs. Ferguson, which ended in the desegregation of all schools (Ficker). Affirmative action was put into place in 1965 when President Lyndon B. Johnson signed the Executive Order that mandated government contractors to “take affirmative action” in all aspects of hiring and employing minorities (Brunner). Upon its arrival, the policy
Title VII Rights Act of 1964 forbids employers with 15 or more employees to discriminate on the basis of race, color, sex, religion or national origin (EEOC, 1997). This law applies to federal, state and local employers. The above conditions may not be used to refuse to hire or for terminating an individual or in other words discriminate against any individual (EEOC, 1997). In order to release an employee in any of the above categories the employer must have documentation based on quantity or quality of production and the employer can also make this decision based on results of a professionally developed ability test, which cannot be used to discriminate (EEOC, 1997). If an employee feels they have been let go for an unjust reason they can file a formal
Affirmative Action is one of the many social issues facing America today. Affirmative action was signed into place in 1961 by President Kennedy and allows minority groups or people who face discrimination to become employed or get an education that is equal to that of a white male. Groups that Affirmative Action aims to help are women, blacks, Latinos, and people with disabilities. While these policies were signed to slowly rid the workforce and schools from discrimination, it hurts people who do not face discrimination, specifically whites. Many white men and women lose special opportunities to work or go to college because of certain standards that the Affirmative Action laws require. Universities and the military require a certain number of minorities in order to meet the standards and have a more diverse atmosphere. An example of this is the California V. Bakke supreme court case of 1978.
One major key of why affirmative action fails is due to the inclusion of gender equality when hiring or accepting applicants.
“ . . . [Government] contractor[s] will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin.”
2. What is meant by affirmative action, and how does it tie in with EEO legislation?
Affirmative action has a huge negative impact on our economy; it is costly and could destroy the legitimacy of minorities. In the business world, the main concern of an employer should be to hire the most qualified person that will increase productivity. The concern should not be to hire a racially diverse workforce. How can the
Taking a step back, before reverse discrimination can happen affirmative action must first be present. Affirmative action came about, at least in the modern era, when President Franklin Roosevelt issued Executive Order 8802 “requiring defense contractors to pledge nondiscrimination in employment in government-funded projects” (Affirmative action, n.d.). However, it was not until President Kennedy issued Executive Order 10925 that affirmative action started to take real shape. This order required “not only that federal contractors pledge non-discrimination but that they ‘take affirmative action to ensure’ equal opportunity, that the now-fractious phrase came into popular discourse. Kennedy's order also included penalties -- including suspension of a contract -- for non-compliance” (Affirmative action, n.d.). In 1972, affirmative action changed yet again in response to the large number of disabled Vietnam Veterans.
Affirmative action is an action taken by an organization to select on the basis of race, gender, or ethnicity by giving due preferences to minorities like women and races being not adequately represented under the existing employment. To make the presentation of all these compositions almost equal in proportion to do away the injustice done in the past. The Supreme Company need to design an affirmative action program in the light of recent Supreme Court judgment passed in favor of affirmative actions to be adopted by various companies.
Affirmative Action is an outcome of the 1960’s Civil Rights Movement. Its purpose is to provide equal opportunities for members of minority groups and women in education and employment. It is not until 1961 did the term “affirmative action” was first used by President John F. Kennedy. He made it very clear in an Executive Order that directed government have to take “affirmative action to ensure that applicants are employed, and employees are treated during employment, without regard to their race, creed, color, or national origin.” Since a lot of cooperation still tends to hire white male, by enforcing affirmative action, the number of minority groups and women in the labor force will increase.Affirmative Action helps to eliminate the imbalance in the society and reform the American system. The US Department of Labor describes affirmative action as the banning of discrimination.
Affirmative Action remains one of the more complicated and controversial topics dealt with in American society. Affirmative Action is an action or policy designed to protect specific groups who suffer from discrimination, and provide them with programs and special opportunities. These government or private programs were designed to set right historical injustices towards the members of these groups who have suffered things like employment and educational disadvantages from racial discrimination. The goal for these actions are to redress past wrong doings by fixing things like inequalities in employment and pay, as well as increasing opportunities for education. By achieving this, the outcome would restore equal access and opportunity in favor of the members of these groups. These groups generally consist of certain minorities that have suffered from social ills such as slavery and segregation.
Affirmative action has been the topic of debate for many years. It has been controversial because it has been said to be a form of reverse discrimination. This paper will discuss the purpose behind affirmative action, as well as, its various strengths and weaknesses. Also, this paper will look at the following issues surrounding affirmative action such as the incompetency myth ( are companies hiring less qualified people?), the impact on employment (what has changed in the work place?), the impact on women (how have their lives changed?) and the impact on employment law (what documents back up affirmative action?). Lastly, a discussion of affirmative action on an international scale, and what international documents have to say about
Affirmative action has helped the income, promotion and labor force participation rates of both women and minorities. For example, between 1982 and 1995, the percentage of female managers and professionals in the U.S. rose from 40.5 to 48.0 percent; blacks from 5.5 to 7.5 percent, and Hispanics from 5.2 to 7.6 percent. By comparison, these groups form 51.2 percent, 12.6 percent, and 10.2 percent of the population, respectively. Progress has been steady, but still incomplete.
Section 15(1) of the Labour Relations Act defines ‘affirmative action measures’ as ‘measures designed to ensure that suitably qualified people from designated groups have equal employment opportunities and are equitably represented in all occupational categories and levels in the workplace of a designated employer’ (Section 15(1)). In short, affirmative