Affirmative_Action

Running head: AFFIRMATIVE ACTION Affirmative Action Jason F. Rentscheler University of Phoenix Affirmative Action Affirmative Action is believed to be a part of Title VII. Although Affirmative Action is a part of the statutory resolutions included in Title VII, Affirmative Action is in fact a requirement imposed by Executive Order. Endorsed by Franklin D. Roosevelt on June 25, 1941, the Executive Order originally applied only to defense contracts. Affirmative Action underwent many changes and evolutions before today’s version was signed into action by President Lyndon B. Johnson September 24, 1965. In this paper Affirmative Action and how it applies to public and private sector employers will be discussed. This paper will also discuss how Affirmative Action interacts with Title VII requirements, and what employers are subject to Affirmative Action plans, and why they are subject. This paper will also discuss what the Affirmative Action plans require of the employers and the consequences for non-compliance. Affirmative Action Regarding Public and Private Employers Although Title VII prohibits discrimination in employment, it does not impose affirmative duties on the employer. Affirmative action does not apply to all employers. In fact, affirmative action only applies to about 20% of the workforce. Equal employment opportunity is a part of the Civil Rights Act of 1964. Enforced by the Equal Employment Opportunity Commission, Equal Employment Opportunity prohibits discrimination based on race, color, religion, sex, or national origin. Equal Employment Opportunity is enforced in employers in both the public and private sector that have 15 or more employees Affirmative Action takes Equal Employment Opportunity one step further by requiring employers to achieve a balanced and diverse workforce. Equal Employment Opportunity and Affirmative Action both seek to provide equal and fair treatment of all employees regardless of their race, color, religion, sex, or national origin. Several differences exist between affirmative action and equal employment opportunity. Affirmative Action requires that employers ensure that they are achieving an acceptable balance of diversity while Equal Employment does not require that an organization assess whether its practices may be unintentionally discriminate. Affirmative Action also requires that employers monitor their progress towards diversity, whereas Equal Employment has no such monitoring procedures. Affirmative action requires an employer’s objectives be based on specific categories such as race, gender, and disability, but equal employment opportunity does not look at these categories and has no system for assessing outcomes. What Employers are Subject to Affirmative Action Plans and Why' Most federal contractors and subcontractors are required to develop Affirmative Action strategies. There are three federal laws that require contractors to develop those strategies. The first law, Executive Order 11246 signed by President Lyndon B. Johnson September 24, 1965 requires all federal and federally assisted contractors that receive at least $10,000 in government business per year refrain from discrimination in all employment practices (United States Department of Labor [DOL], 1965, p. 1). Second, the Rehabilitation Act of 1973, prohibits discrimination of the basis of disability in Federal programs, programs that receive Federal financial assistance, Federal contractors, and Federal employment (United States Department of Labor [DOL], 1973, p. 1). Second. Last, the Vietnam Era Veteran’s Readjustment Assistance Act of 1974 requires covered federal contractors take affirmative action to employ and advance in employment specific categories of veterans protected under the Act and prohibits discrimination against those veterans. The Act also requires that the Veterans receive priority in referral for any employment openings. The Act also requires the contractors to submit an annual report on the number of currently employed, covered veterans (Department of Labor [DOL], 1974, p. 1). Contractors and subcontractors with annual federal contracts of $50,000 or more and at least 50 employees are required to have written affirmative action strategies. These strategies must be implemented annually. Code of Federal Regulations Pertaining to U.S. Department of Labor Title 41 Chapter 60 establishes a uniform set of guidelines to assist employers in developing Affirmative Action programs and strategies as required by Federal law (Department of Labor [DOL], 2000, chap. 60-2). Plans Required For Employers Several components for Affirmative Action are written into Title VII, however Executive Order 11246 originally required employers to take active steps to employ women and minorities. (Bennett-Alexander & Hartman, 2007, p. 66) . This Executive Order requires that Federal contractors agree to refrain from discriminating employment practices against protected classes including race, color, religion, sex, or national origin (Erickson, 2007, p. 67). Executive Order 11246 requires that employers develop an affirmative action plan to remedy any deficiency in the number of minority or women employees within the organization. The Executive Order requires that the affirmative action plan be designed to incorporate women and minorities into the organization with a set time table for achieving the desired representation of both women and minority groups. Contractors are given 120 days from the agreements commencement to develop a written affirmative action plan for each of the organization’s establishments. (Bennett-Alexander & Hartman, 2007, p. 66). What must employers do' To establish a plan for affirmative action an employer must first develop an organizational profile (Bennett-Alexander & Hartman, 2007, p. 54). Organizational profiles are snapshots the employer uses to gauge where the company currently stands in relation to current employment of minorities and women. Another element of an organizational profile is “job group analysis” (Bennett-Alexander & Hartman, 2007, p. 62). Job group analysis combines job titles with similar content and wage rates for use in analyzing how many women and minorities are in each group. If the employer determines that there is a deficient representation of women and or minorities based on availability, a placement goal must be established. A placement goal is a percentage of underrepresented classes that must be hired to match what the availability is in the geographic area of consideration. Contractors must make a “good faith effort” (Bennett-Alexander & Hartman 2007, p. 54) to achieve the placement goal. However, quotas are not legal, and someone who is not qualified should never be hired in place of someone who meets qualifications. Consequences for Non-Compliance Executive Order 11246 is enforced by the Office of Federal Compliance Programs in the U.S. Department of Labor (U.S. Department of Labor, 2002, para. 4). Employers may face penalties for non-compliance including debarring. Debarring blocks the contractor from continuance of current government contracts and or securing new contracts until standards of compliance are achieved. Employers may also face penalties involving legal actions brought by the Equal Employment Opportunity Commission or the Department of Justice. The Secretary of Labor must make reasonable efforts to secure compliance before imposing penalties on the employer (Bennett-Alexander & Hartman, 2007, p. 76). Affirmative action refers to tangible steps that are taken to eradicate discrimination in the areas of employment, education, and contracting (U.S. Legal, 2008, p. 68). Federal contractors are required to have an affirmative action plan in place and must make all reasonable efforts to attain the placement goals established by the plan. Penalties for employers who do not make good faith efforts to be compliant may face unpleasant legal action or be debarred from government contracts (Bennett-Alexander & Hartman, 2007, p. 76). AN effective affirmative action plan will encourage a business to maintain a equal and diverse workforce and protect the organization from any legal actions based on discrimination lawsuits or penalties. Conclusion Affirmative Action was developed and implemented to help bring an end to social and governmental discrimination against protected classes in employment and education. Affirmative Action is designed to create diversity within an organization while prohibiting discriminatory employment practices based on race, color, religion, sex, or national origin. To protect employers from legal action due to discrimination or under-representation, the United States Department of Labor created the Office of Federal Contract Compliance Programs to ensure that employers comply with Equal Employment Opportunity and Affirmative Action provisions withins their contracts (DOL, 1965, ¶ 1). References Bennett-Alexander, D.D., & Hartman, L.P. (2007). Employment Law for Business (5thed.). Boston: McGraw-Hill. Retrieved 06 March 2010, from University of Phoenix,Resource, MGT434—Employment Law Department of Labor (1973). The Rehabilitation Act of 1973, Section 503 [White paper]. Retrieved 06 March 2010 from United States Department of Labor: http://www.dol.gov/compliance/laws/comp-rehab.htm Department of Labor (1965). Office of Federal Contract Compliance Programs (OFCCP) Executive Order 11246 [White paper]. Retrieved 06 March 2010 from United States Department of Labor: http://www.dol.gov/ofccp/regs/compliance/fs11246.htm Department of Labor (1974). The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 [White paper]. Retrieved from United States Department of Labor: http://www.dol.gov/compliance/laws/comp-vevraa.htm Department of Labor (2000, 13 November 2000). General purpose and contents of affirmative action programs [White paper]. Retrieved 06 March 2010 from United States Department of Labor: http://www.dol.gov/dol/allcfr/Title_41/Part_60-2/41CFR60-2.10.htm