12/12/2016 What Is An Affirmative Action Program What Is Its Purpose download free softwareRead NowExamples of Affirmative Action in a Workplace. Affirmative action is a federal law that applies to certain employers who receive government funds. Fotolia. com. Affirmative action is a U. S. Many employers achieve equity and diversity through means other than formal affirmative action measures. Still, certain federal government contractors must adhere to regulations enforced by the U. S. Department of Labor, Office of Federal Contract Compliance Programs. Equal Opportunity Employment and Affirmative Action. AFFIRMATIVE ACTION PLAN. STATEMENT Purpose and Need for Affirmative Action “The ultimate purposes of the affirmative action program are to ensure. The purpose of the Affirmative Action. This Affirmative Action Plan. Affirmative Action Purpose. As mentioned previously affirmative action was introduced through the. An equal opportunity employer is an organization that is subject to federal workplace laws such as Title VII of the Civil Rights Act of 1. Affirmative action, on the other hand, is a statutory requirement under Executive Order 1. There are two separate, yet common misconceptions about equal opportunity employment and affirmative action: That all equal opportunity employers are affirmative action employers and that affirmative action employers have hiring quotas for minorities and women. Plus, hiring quotas are unlawful and illegal practices under affirmative action rules. Numerous other examples of affirmative action are present in the workplace, however. The term 'affirmative action' was first introduced by President Kennedy in. Bollinger) and its law. Affirmative action is a U.S. The purpose of affirmative action in an organization. EMPLOYERS NAMES OR EMPLOYER GROUP NAME OR ASSOCIATION). Recruitment Practices. The purpose of affirmative action in an organization's recruitment practices is to increase the pool of qualified candidates from diverse groups. Employers accomplish this through broadening their advertising reach and via outreach programs designed to attract women and minorities. Outreach efforts include sponsoring job fairs at business conferences or colleges and universities, such as those referred to as HBCUs, or, historically black colleges and universities. Affirmative action employers may also source candidates from professionals associations, such as the Asian Society of Scientists & Engineers or the National Association of Women Lawyers. Executive Commitment. Affirmative action in the. University of Texas Law School's affirmative action program and claimed that they were rejected. Federal affirmative action regulations require that government contractors develop a written affirmative action plan. In addition to an affirmative action plan document, the company's CEO or highest- ranking executive almost must demonstrate her support for equal employment opportunities in a written statement. Many companies prepare a written policy statement that affirms the organization's commitment to fair employment practices, building diversity within its ranks and the company's affirmative action plan. A copy of the written statement is posted throughout the workplace and enclosed in application packets for people interested in jobs. Applicant Flow Information. Define affirmative action. Affirmative Action FAQs; Diversity Recruitment Resources; Diversity. What is the purpose of an Affirmative Action Program? An applicant flowchart is an example of affirmative action in the workplace. Work on an applicant log or flowchart occurs behind the scenes within the human resources department. An applicant log reveals the race, sex, ethnicity or national origin, and veteran or disability status age of people who apply for jobs with the company. This information isn't used to make hiring decisions; it's filed and maintained separately from other employment records. An applicant log may also contain the recruitment source or where the applicant learned of open positions. Companies that are required to have written affirmative action plans must be able to produce copies of their applicant flow log upon require by the Department of Labor's Office of Contract Compliance Programs. About the Author. Ruth Mayhew began writing in 1. Affirmative Action. Affirmative Action began as a plan to equalize the educational, employment, and contracting opportunities for minorities and women with opportunities given to their white, male counterparts. The policy was born of the Civil Rights Act of 1. President Lyndon B. Johnson’s executive order 1. Equal Protection Clause of the 1. Amendment to the U. S. In its 4. 0- year history, Affirmative Action has attempted to rid America of discrimination against minorities and women, sometimes at the cost of what has been labeled “reverse discrimination. Such race- conscious Affirmative Action programs have been the source of much controversy and sometimes violent protests. What Affirmative Action is and its applicability. In its original form, minorities and women were to receive “special consideration. Private sector. In the private sector, Johnson’s Executive Order 1. Secretary of Labor Willard A. Wirtz authority to formulate rules requiring federal contractors to take “affirmative action. At the same time, the Civil Rights Act was being enforced by the federal courts against discriminatory companies, unions, and other institutions. The Department of Labor worked with the construction industry to establish a series of region- wide “plans. Through those contractor commitments, the department also could indirectly pressure labor unions, who supplied the employees at job sites, to create more ethnically balanced work crews. One key case in understanding the Civil Rights Act and its intentions was the Griggs v. Duke Power Company case of 1. That case held that not only is intentional racial discrimination prohibited, but also hiring and employment policies that have perpetuated the effects of past discrimination. In addition, arbitrary blocks against the employment and advancement of black employees that were unintentional are prohibited and to be removed by private employers. In the Griggs case, black plaintiffs disputed Duke Power Company’s requirement that job applicants pass a general academic test of their abilities for its higher- waged jobs. It was found that test results could not predict the applicant's actual job performance. Further, it discriminated against black applicants who, due to a history of inadequate education in racially segregated schools, would more likely fail the test than their white counterparts. The ruling against Duke revolutionized the Civil Rights Act's enforcement by shifting the focus away from intent and toward a . The standard holds that it is not always possible to recognize those who would have been hired under employment practices that perpetuate racial exclusion. It established that companies failing to employ a workforce that reflected the racial makeup of the . It also set a precedent for outcome- oriented Affirmative Action policies. Universities. At the university level, institutions were required to assemble a more diverse student population by establishing “goals. Prior to the fall of 1. Since there were so few racial and ethnic minority students who received a Ph. D. With the Secretary of Labor’s Revised Order No. Ph. D. At the same time, Anglo- American philosophy began to change from an indirect treatment of moral and political questions having to do with justice, to actually stating their views. Two political articles published in 1. A Theory of Justice by John Rawls, and Philosophy and Public Affairs by Princeton University, along with Florida State University’s Ethics, triggered an explosion of socially and politically engaged philosophical writings. Thus the debate over the legitimacy of Affirmative Action began on university campuses throughout the country, while those institutions were forced to exercise racial and gender preferences in their selection processes. The debate over whether or not “goals. One such case involved Alan Bakke, who had been denied admission to the University of California at Davis Medical School in 1. The Supreme Court ruled, in Regents of the University of California v. Bakke, that explicit quotas violated the Equal Protection Clause. They did, however, find it legal to use race as one of many other factors in determining admissions to universities, using informal targets for minority admissions rather than strict quotas. Two differing opinions were written in the Bakke case. While both agreed that universities may use race- based affirmative action practices for admissions, they could not agree on the fundamental reasons to account for them. According to Justice Lewis Powell’s now- famous opinion, those practices could be used to enhance educational diversity, but that the following stipulations must be observed in those systems: Racial quotas were not permitted; there must be a common admission standard by which all students are evaluated; and race can only be considered a “plus. The four justices believed that universities may engage in affirmative action practices to remedy discrimination in society, and that the legitimacy of those programs was to be measured by how swiftly society’s racial imbalance was corrected by those means. Powell disagreed, stating that a university’s “remedial. Although Justice Powell’s strict opinion in the Bakke case that any admission policy defined by race, or used numerical racial quotas would be deemed unconstitutional, by the mid- 1. American universities used either one or both of those admission practices. Those practices began to fall apart in 1. Supreme Court struck down the University of Maryland’s Banneker scholarship practice of awarding only to African- American students. Further disintegration occurred when the Court of Appeals for the Fifth Circuit struck down the University of Texas Law School’s admissions program, and the First Circuit struck down a Boston plan for assigning students by race for selective high schools in 1. The slide continued until 2. Supreme Court ruled for the University of Michigan Law School in the Grutter v. Justice Sandra Day O'Connor's lead opinion declared: “Today we endorse Justice Powell's view that student body diversity is a compelling state interest that can justify the use of race in university admissions. Contracting businesses. Regarding private businesses that contract with the federal government, the Supreme Court held in Fullilove v. Klutznick of 1. 98. As in the Griggs case, those set- asides could not continue longer than the effects of the discrimination. In other words, the set- aside can be waived if “sufficiently qualified. It also would provide a procedure to prevent non- disadvantaged, minority businesses from claiming the set- aside, and ensure that not too great a burden is placed on fault- free, non- minority businesses. But those innocent, non- minority businesses could be required to subcontract 1. Since a number of decisions based on prohibiting the perpetuation of the effects of discrimination came after the Griggs case, the Supreme Court held that those practices performed prior to the Civil Rights Act were not illegal. Fullilove asserted that Congress has the same power over private parties (contracting businesses) that allows for regulating state action under Griggs- style disparate impact standards, even though Washington v. Davis does not directly allow such an action for private parties under the Equal Protection Clause. Justice Powell, agreeing with the Court's decision, held that in the Fullilove case, the set- aside is required and did meet the standards of strict scrutiny, but no other justices agreed on that account. Federal agencies. In the Washington v. Davis case of 1. 97. Supreme Court determined that the federal government could not be held to the same disparate impact standard, under the due process clause of the Fifth Amendment, because private employers were under the Civil Rights Act. In that case, black plaintiffs sued the Washington, D. C., Police Department for using a screening test that disproportionately discriminated against disadvantaged black applicants who did not generally score as well on a test. It could not be proven effective in determining the capability of its applicants. In more recent history, President Bill Clinton signed a direct order on July 1. Affirmative Action programs be reviewed by cabinet secretaries and agency officials to determine if they met four tests. In an effort to bring the federal government into compliance with the recent Supreme Court ruling in the Adarand v. Pena case, Clinton stated that a program must be eliminated or reorganized if it: “creates a quota, creates preferences for unqualified individuals, creates reverse discrimination, and continues their program even after its equal opportunity purposes have been achieved. It also stated, among other things, that race- generated programs must be narrowly tailored to reach their intended goal and serve a compelling government interest. Opposition to Affirmative Action. One of the arguments against Affirmative Action was that preferences towards minorities and women produced the effect of “reverse discrimination. In the 1. 97. 9 United Steelworkers of America, AFL- CIO- CLC v. Weber case, the Supreme Court ruled that the private sector could apply voluntary racial preference programs in hiring. Conservatives accused the high court of endorsing “reverse discrimination. On the other hand, others believed that a temporary imbalance in employment and higher learning institutions helped to counteract past injustices until racial, minority, and gender equality could be achieved. In a backlash against Affirmative Action, President Ronald Reagan cut funding for the Equal Employment Opportunity Commission and the civil rights division of the Justice Department. Reagan believed that the government promoted reverse discrimination and stated that it should relax its efforts to reach employment equality on behalf of blacks and other minority groups. He also believed that compensating blacks and other minority groups for past discrimination with hiring quotas, numerical goals, and timetables, ought to be eliminated.
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. Archives
December 2016
Categories |