1 Employment Law for Human Resource Practice Chapter 8 Affirmative Action
2 Affirmative Action What is it? Affirmative action has been defined as: – “Those actions appropriate to overcome the effects of past or present practices, policies, or other barriers to equal employment opportunity.” And also as: – “A management tool designed to ensure equal employment opportunity.”
Affirmative Action Historical Context – Race and gender barriers (NY Times ads) – Systematic discrimination – Legal segregation, etc. 3
4 Affirmative Action Affirmative action is required of: 1) Most companies that have contracts to sell goods or services to the federal government. 2) A firm when a discrimination suit results in a settlement or court order that includes affirmative action as a remedy. 3) Affirmative action plans may also be voluntarily undertaken by a firm. – Even voluntary affirmative action plans must comply with certain legal requirements so not “reverse discrimination”.
5 1) Government Contractors Companies that contract with the federal government must comply with Executive Order 11246, which requires that: – Companies with contracts worth at least $10,000 must include a nondiscrimination clause in their contracts, and abide by it, and – Must include that clause in their contracts with subcontractors, who must also abide by it.
6 Executive Order 11246 Contractors promise that they: – “…will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during their employment without regard to their race, color, religion, sex, or national origin…”
Executive Order 11246 Many Contractors also covered by Title VII so reinforces Title VII. 7
8 2) Settlements & Court Orders Affirmative action is one of the remedies available to courts in discrimination cases. – As part of a judicially approved settlement between the parties, called a consent decree. Court-imposed affirmative action is not common, but many police and fire departments have operated under such decrees.
9 3) Voluntary Efforts Many steps taken in support of affirmative action are neutral (announcing hiring or promotion announcements widely, encouraging diverse applicants, reexamining selection criteria) and do not raise issue of discrimination.
- Fall '18
Other Related Materials
- e Consider adding More stare decisis for interpretation of statute where there
- Baruch College, CUNY
- LAW 3113 - Fall 2018
Constitutional Law Yoshino Spring 2013.docx
- This describes paradigmatic sex discrimination Ivy Tech is disadvantaging her
- Baruch College, CUNY
- LAW 3123 - Fall 2018
Hively and Evans Assignment.docx
- the next section discusses six Supreme Court decisions that have the potential
- University of Texas
- LAW 101 - Summer 2016
the frontiers of affirmative action