Affirmative_Action

Affirmative Action Rodney T. McLeod University of Phoenix Introduction There is probably not any federal law more controversial than Executive Order 11246, also known as affirmative action. President John F. Kennedy issued Executive Order 10925 in 1961 and made stated that government contractor,” 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 (UC Irvine),” thus, giving then name to the law as “Affirmative Action.” On September 24, 1965, President Lyndon B. Johnson issue what is now known as Executive order 11246, prohibiting employment discrimination. This Executive Order has been revised many times over the years but the same basic principles still apply to employers today. This paper will explain the elements of an affirmative action plan and its application to public and private sector employers. It will also discuss the consequences for employers not following the current guidelines and how affirmative action interacts with Title VII of the Civil Rights Act of 1964. First, the elements of an affirmative action plan. Elements of Affirmative Action Plan Affirmative action is defined as, “A policy or a program that seeks to redress past discrimination through active measures to ensure equal opportunity, as in education and employment (Answers.com).” In order for an affirmative action plan to succeed in the work place, it should posses these elements. First, it should contain a policy statement. This statement should be signed by the leadership of the company and it should cover equal employment opportunity, sexual harassment, and nondiscrimination against persons with disabilities or a separate statement on each subject. The plan should also designate the responsibilities of all individuals that have a role in the process with proper documentation. Another element of the plan is an organizational chart. Every employee should know who is in their chain and be familiar with the appropriate departments within the organization. A grievance procedure should be established and understood (Kansas Department of Administration). For example, Georgetown University outlines its process in its faculty handbook to investigate allegations of discrimination. Their grievance procedure outlines requirements for filing grievances, provisions on time limits for filing, addresses provisions for non-retaliation, and procedures for processing grievances to include informal conciliation and formal hearing procedures (Georgetown University Faculty Handbook). The plan should include a work force and availability analysis by the company’s personnel or human resource department to gauge the demographics as compared to the local community. The plan should address problems and barriers identification statements and action statements to be taken to correct the problems and barriers. The plan should contain goals and timetables for implementation. The goals must not be quotas and cannot be used to discriminate or exclude persons from employment opportunities through reverse discrimination. The goals must also be flexible targets to be used to guide affirmative action efforts during the current plan cycle (Kansas Department of Administration). Applications to Public and Private Sector Employers The application of affirmative action is simple for public and private sector employers. The U.S. Department of Labor states, “For federal contractors and subcontractors, affirmative action must be taken by covered employers to recruit and advance qualified minorities, women, persons with disabilities, and covered veterans (Department of Labor).” All government contractors that employ 50 or more people and awarded $50,000 or more in government contracts are required to have a written plan on file for all of its establishments. The Department of Labor also states, “Employers with written affirmative action programs must implement them, keep them on file and update them annually (Department of Labor).” Private employers who do not receive public funding from the government are not required to maintain an affirmative action plan or follow policies. If a private employer employs 15 or more people and receives federal financial assistance or employs an individual with a disability who is protected by Section 504 of the Rehabilitation Act of 1973, are required to develop and maintain an affirmative action plan. Also if a private sector employer has a contract with the federal government or a subcontractor has a contract for $10,000 or more are required to have a plan. The Vietnam Era Veterans' Readjustment Assistance Act of 1974 requires an employer to develop an affirmative action plan for special disabled veterans, Vietnam Era veterans, and veterans who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized. This provision applies to all firms that have a nonexempt government contract or subcontract of $25,000 or more (Department of Labor). Consequences The Department of Labor's Office of Federal Contract Compliance Programs monitors and enforces the Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the affirmative action provisions of the Vietnam Era Veterans' Readjustment Assistance Act. These laws combined together prohibit federal contractors and subcontractors to discriminate against any person for employment based on race, color, religion, sex, national origin, disability or status as a veteran. Any contractor or subcontractor in violation of affirmative action laws are in danger of having their contracts canceled , terminated or suspended in whole or in part by the U.S. government. The contractor may be debarred for future contracts with the government. If a contractor is debarred, they may be reinstated once the company provides proof that they are following all affirmative action laws (Department of Labor). States and local governments may also detail sanctions for violation of affirmative action laws. How it interacts with Title VII Title VII of the Civil Rights Act of 1964 lays the ground work for Executive Order 11246, Affirmative Action. The law as written did not mention the words affirmative action in the text but it did provide our lawmakers the power to enact the rules to cut through the bureaucracy to help end discrimination by employers and universities. Employers did not initially interpret the law and most refuse to follow the law when issued by President Johnson. Many Presidents and lawmakers proposed and passed many amendments to get the laws to where they are today. For example, during President Richard Nixon's term, his administration order the Department of Labor to adopted a plan that required all federal contractors to assess their employees to identify gender and race. They were also required to set goals to end any under-representation of women and minorities by employers. There were 160 different affirmative action federal programs created by both Democratic and Republican administrations by the end of the 1990s which prompted state and local governments to climb on board (The National Archives). Conclusion This paper explained the elements of an affirmative action plan and its application to public and private sector employers. It also discussed the consequences for employers not following the current guidelines and how affirmative action interacts with Title VII of the Civil Rights Act of 1964. If affirmative action law is follow by the intent for which it was develop, it assures the playing field will be level to some degree when it comes to employment. All employers should want the best qualified person for any job regardless of race, creed, color, sex or national origin. No one should be hired solely for any of these reasons, but with this law, individuals are afforded the same opportunities to ensure the best qualified candidates an equal opportunity to be hired. References UC Irvine (November 2, 2005). A Brief History of Affirmative Action. Retrieved February 12, 2010 from http://www.oeod.uci.edu/aa.html Ansers.com (2010). Dictionary: Affirmative Action. Retrieve on February 12, 2010 from http://www.answers.com/topic/affirmative-action Georgetown University Faculty Handbook (September 1995). Affirmative Action Grievance Procedures. Retrieved on February 12, 2010 from http://www1.georgetown.edu/facultyhandbook/toc/section4/sub1/ Kansas Department of Administration (November 13, 2009). Summary of an Affirmative Action Plan. Retrieved on February 12, 2010 from http://www.da.ks.gov/ps/documents/aap/elements.pdf United States Department of Labor (2010). Hiring, Affirmative Action. Retrieved on February 12, 2010 from http://www.dol.gov/dol/topic/hiring/affirmativeact.htm The National Archives (2010). Teaching With Documents: The Civil Rights Act of 1964 and the Equal Employment Opportunity Commission. Retrieved on February 12, 2010 from http://www.archives.gov/education/lessons/civil-rights-act/