10_SUM_EEO_AA DIFFS - Intended to be Permanent(“Law of...

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Issue EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION 1. Legal Basis Federal (often with parallel state) Law Executive Order of President of U.S. (for Exec. Br. Only) 2. Enactment Congress passes, President signs, Federal Courts President Issues the Order Interpret 3. Underlying Logic Prohibits Employment Discrimination on the Encourages Firms to Contribute (via employment) Basis of SNORRCAD. To Elimination of Broader Societal Problem. 4. Coverage Firms w/15 or more EE’s working 20hr./wk (or Organizations (public or private) contracting with the more), Labor Unions, Employment Agencies, Federal Government. 5. Enforcement Agency EEOC Guides (Pregnancy; Selection; S. Harass) (relatively infrequent impact of Federal Courts) 6. Duration
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Unformatted text preview: Intended to be Permanent (“Law of the Land”) Intended to be Temporary (e.g. demographics show Can be and has been extended by additional Law proportional distribution across all groups). 7. Court Review Courts review substance of the Law Infrequent but important (e.g. U of Mich., Weber) (e.g. Disparate Treatment, Adverse Impact, BFOQ, Focuses on existence of AA programs Sex & Pensions, “Atmosphere of Discrimination” Job Related, Intent to Discriminate 8. Sanctions Fines, Damages, & Court ordered A.A. Program Loss of federal Contracts Class actions suits. Compensatory & Punitive (some cases) Damages Predicted Job Performance Assumes Test is VALID Selection Device Score A B C Differences in Hiring following the Logic of EEO vs. Affirmative Action Protected Individual Is EEO Logic AA Logic A Do Not Hire (not “qualified”) Do Not Hire (not “qualified”) B (But not C) C...
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10_SUM_EEO_AA DIFFS - Intended to be Permanent(“Law of...

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