Affirmative Action Plans

Role of Affirmative Action for Federal Contractors

- Covered contractors must take affirmative action to ensure hiring and treatment of employees is without regard to a person's: 1. Sex 2. Gender Identity 3. Sexual Orientation - Requires contractors to employ qualified individuals from targeted groups

Positive Action

- More limited than affirmative action in US - Positive discrimination is generally prohibited in UK

Federal Contractor Affirmative Action Program Requirements

- Org. profile that depicts the organizational structure or staffing pattern - Determine %'s of women/minorities contractor employs - Description of placement goals - Description of action-oriented programs

Steps in Challenging an Affirmative Action Plan

1. P establishes prima facie case 2. D can rebut w/ leg. reason for the plan 3. P then has to prove the plan invalid

Weber Test

1. Plan must be used to remedy manifest imbalances in traditionally segregated categories 2. Plan cannot unnecessarily trammel another groups interest or wholly block them from advancement 3. Plan must be temporary, only existing for the time needed to remedy the imbalance

What test is used to determine whether an affirmative action plan is valid?

3 Prong Weber Test

Affirmative Action Plan Prima Facie Case

Must show that race or sex was taken into account for an employment decision - P only needs to disprove one of the 3 Weber factors to have plan invalidated

General European View of Positive Action

Permitted in 2 Areas: 1. Encouragement and training 2. Recruitment and promotion

European Affirmative Action Concept

Positive Action