Affirmative_Action_Paper

Affirmative Action Paper MGT 434 Affirmative Action Paper Employers must ensure that they are giving each employee equal opportunities to minorities and women in the workplace. Many hear this and think they have to “hire more black people or hire more women”. These statements are derived from the affirmative action policy. Affirmative Action is the “intentional inclusion of women and minorities in the workplace based on a finding of their previous exclusion.”(Bennett-Alexander & Hartman, 2007, p. 179) Many believe that affirmative action gives unqualified minorities and women the jobs that qualified white or males should have but this is not the case. Affirmative action is designed to ensure everyone has the same opportunities regardless of sex or race. This paper will discuss the elements of affirmative action as it applies to public sector and private sector employers and how it interacts with Title VII requirements of Equal Employment Opportunity. In addition, this paper will discuss which employers are subject to affirmative action, what they are required to do under the plan and what repercussions will arise if they do not meet the goals of the affirmative action plan. The phrase “affirmative action” was first implemented in 1961 by John F. Kennedy in Executive Order 10925 as a process of addressing racial discrimination that was a continuous subject despite the many civil rights laws that were enacted. Later in Lyndon Johnson addresses the same topic in his 1965 Executive Order 11246. In Johnson’s executive order he includes women in the plan. With these orders, federal contractors and subcontractors must take affirmative action to cover employers when they promote and recruit eligible women, minorities, individuals with disabilities and veterans. Employers must have written affirmative action plans that must be implemented and updated annually. According to EEOC, “the Executive Order 11246 requires contractors with 50 or more employees and contracts of $50,000 or more to implement affirmative action plans.” (EEOC, 2010) This plan must be included into the organization’s written company policies. Affirmative action plans are adopted by public and private sector employers to ensure all employees are treated equally regardless of race, age, religion, color and national origin. This is enforced through enforced by the U.S. Department of Labor. This affirmative action plan must include: o An analyzed detail of the employer’s present workforce by sex and race o Whether women or minorities are underrepresented statistically or not used enough in the organization and establish regulations o Establish training programs to achieve these goals and implement action plans to resolve any issues in a reasonable amount of time (US Department of Labor, 2010). Even though affirmative action plans are not obligated to include an examination or how they will obtain these goals, the organization is required to implement procedures on how to identify and remove obstacles for employment advancement and improve advancements in recruiting for employees. Affirmative action plans must also be relevant to all jobs, facilities and all federal contracts and subcontracts within the organization . According to the Civil Rights Act of 1964, employers in private sectors, including unions, must take the necessary measures to eradicate discrimination in the workplace. Additionally, private sectors must also create a fairly equal environment in the workplace. To ensure this takes place in the workplace, US Department of Labor has enforcement and compliance actions in place. According to the website, the office of Federal Contract Compliance Programs performs reviews to ensure employers are complying with affirmative action practices. “During a compliance review, a compliance officer examines the contractor's affirmative action program; checks personnel, payroll, and other employment records; interviews employees and company officials; and investigates virtually all aspects of employment in the company.”(US Department of Labor, 2010) If the investigator finds any issues with any employer, the OFCCP will suggest corrective action and ways to fix the problem by entering into a “conciliation agreement.”(US Department of Labor, 2010) This contract can include job offers, promotions, back pay and other types of relief to individuals that experience discrimination. Revenue from contract can also be lost due to non-compliance and deterrence from being included in future business opportunities. In addition, special hiring efforts, special hiring measures and various affirmative action procedures may be considered. Any employer that is found violating affirmative action requirements and EEO laws may have to go before an administrative law judge for a formal hearing (EEOC, 2010). Depending on the violation found, there are many repercussions for not complying with affirmative action plan. Private and public sectors must ensure that they are not engaging in any type of discrimination in the workplace. The Civil Rights Act of 1964 has created laws to prevent discrimination and the Equal Employment Opportunity Commission was designed to enforce these laws. Currently many individuals deliberate on whether affirmative action plans are still necessary. Although the importance of affirmative action is known by minorities and women, they are beginning to believe that is not necessary to contend with the majority. Acts are imposed to guarantee that private sector and public sector employees are treated fair and ethically. If an employer does not abide by these laws will be review under the Civil Rights Act of 1964. To keep the work environment diverse and unbiased, employers must take the necessary measures to ensure this takes place. This paper discussed the elements of affirmative action as it applies to public sector and private sector employers and how it interacts with Title VII requirements of Equal Employment Opportunity. In addition, this paper which employers are subject to affirmative action, what they are required to do under the plan and what repercussions will arise if they do not meet the goals of the affirmative action plan. References Bennett-Alexander, D. D. & Hartman, L. P. (2007). Employment law for business (5th ed.). Boston: McGraw-Hill. EEO Outline (2010) Equal Employment Opportunity Outline of Regulations and Laws. Retrieved October 24, 2010 from http://www.state.sc.us/schac/eeo_outline.htm. EEOC (2010) Executive Order 11246. Retrieved October 24, 2010 from http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html U.S. Department of Labor(2010). Office of Federal Contract Compliance Programs (OFCCP). Retrieved October 24, 2010 from http://www.dol.gov/ofccp/regs/compliance/fs11246.htm.