Chapter 5: Affirmative Action

What is used to determine if minorities are properly represented in the business

Availability

Affirmative Action and Veterans Act

- The law applies to all contracts in 2003, raised the minimum contract threshold that required affirmative action for veterans from 25,000 to 100,000 and changed the veteran categories - Contractors are expected to hire/ promote qualified veterans

As part of an action program contractors must -

1. Run audit systems periodically to measure the representation and ensure there are non-discriminatory policies 2. Require internal reporting on a scheduled basis to measure if equal employment opportunities in the organization are attained 3. Review reports with all levels of management 4. Advise top management and send them suggestions to make the necessary changes

Affirmative Action (EEOC definition)

Actions appropriate to overcome the effects of past or present practices, policies, or other barriers to equal employment opportunity

Affirmative Action plans

Affirmative action plans must be developed according to the rules set forth in the code of federal regulations, says that the plan should be considered a management tool- a part of the way a corporation conducts its business... to encourage self evaluation in every aspect of employment by examining the businesses decisions and ensure all its functions are discrimination free

Why was Affirmative Action created?

Affirmative action was created to address societal, endemic, persistent, systemic discrimination the country has engaged in for years

Valuing Diversity

being sensitive to and appreciative of differences among groups outside the mainstream and using those differences, with basic similarities, as a positive force to increase productivity and efficiency to avoid liability for discrimination

What is Affirmative Action?

i. Involves the employer taking steps to ensure job opportunities to traditionally excluded groups by bringing qualified women and minorities into a workplace from which it has been determined that they are excluded, in order to make the workplace more reflective of their availability in the workforce from which the employees are drawn

Debarred

prohibit a federal contractor from further participation in government contracts

Executive Order 11246

-Affirmative action actually stems from a requirement imposed by Executive Order 11246 and did not stem from Title VII -Federal contractors agree not to discriminate in the hiring, termination, promotion, pay, and so on of employees on the basis of race, color, national origin, religion, and gender

Who monitors businesses making sure they comply with Affirmative Action policies

The Office of Federal Contract Compliance Programs in the Employment Standards Administration Office of the U.S. Dept of Labor

If the percentage of women and minority workers is less than what is reasonably accepted, the employer must establish a

placement goal

Who has to comply to Affirmative Action?

those with 50 or more employees who have contracts with the gov to provide with a good or service worth 50,000 of more

Penalties for Noncompliance

- Punishing the names of nonconformist - Proceedings be instituted under Title VII - Request attorney general to enforce the order - Recommend the DOJ to prosecute for false information - Canceling the contract (there is more here go see) - Debarring

Measuring availability

1) Amount of women and minorities who are qualified in the recruitment area 2) Percentage of minorities or women among those promote-able, transferable, and trainable within the contractor's organization

Actions an employer can take to include excluded groups

1) Expanded outreach to groups the employer has not generally made an effort to reach 2) Recruitment of groups the employer generally has not made an attempt to recruit 3) Mentoring, management training, and development of traditionally excluded groups 4) Hiring, training, and other attempts to bring into the workplace groups that have traditionally been left out of the employment process

Three ways affirmative action obligations arise in the workplace

1) Through executive order 11246 2) Judicially as a remedy for a finding of discrimination under Title VII 3) Voluntary affirmative action established by an employer

Reverse Discrimination

Claim brought by a majority member who feels adversely affected by the use of an employer's affirmative action plan

Judicial Affirmative Action

Discrimination found by the court rather than arising from the order