Affirmative Action

Affirmative Action Plans

Based on availability. Cannot use quotas.

Arises in 3 Ways

Contractual obligations with the federal government, judicial remedy, voluntary efforts of the employer.

EO 11246

Enforced by OFCCP and applies to federal government contracts.

Stems From

Executive Order 11246

Based On

Finding of discrimination, underrepresentation, or manifest imbalance in workplace.

Reverse Discrimination

Flip side of affirmative action. 3% of charges filed with EEOC.

Involves

Intentional effort to include those traditionally excluded in the workplace.

Affirmative Action

Involves an affirmative effort to make the workplace reflective of the population. Rarely mandatory. Not required by Title 7.

Has Been

Limited remedy and doesn't apply to every business.

Factors Used to Determine Availability

Percentage of minorities or women with requisite skills in reasonable recruitment area and percentage of minorities or women among those promotable, transferable, and trainable with contractor's organization.

3 Part Test to Determine if Voluntary AA Plan is Valid

Purposes of plan must mirror remedial purposes of Title 7 to end discrimination, cannot unnecessarily trammel interests of non minority employees, plan must be temporary measure meant to eliminate imbalance and not to maintain balance.