...determining whether a reasonable basis exists for affirmative action is underutilization. Underutilization exists when the percentage of women and persons of color in one or more of an employers job groups is lower than the percentage of women and persons of color with the necessary skills for that type of employment. (This is when the employer self imposes an affirmative action plan in order to remedy this problem.) Challenges to the use of preferences by public employers and to court-imposed affirmative action plans often allege violations of the U.S. Constitution. In constitutional cases, courts subject the use of racial preferences in affirmative action plans to strict scrutiny - the most stringent form of judicial review of government actions. To survive a constitutional challenge to an affirmative action plan that uses racial preferences, a public employer must show that the plan serves a compelling governmental and that the measures employed are narrowly tailored. Put differently the plan must serve a very important public purpose and harm the interests of nonpreferred persons no more than absolutely necessary. In reverse discrimination cases, an employee alleges disparate treatment, believing that he passed over for an employment opportunity because an employer with an affirmative action plan considered the protected class characteristics of applicants and chose a woman or a person of color instead. Affirmative action that arises out of legal proceedings can be imposed...
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...preferences when minority students apply. They do work; however, some white students feel racial preferences violate equal protection. The philosophy of affirmative action is useful in understanding creating education’s equality. In the United State, the racial problem is always an important issue in approaching democracy. In 1961, “affirmative action” first appeared in a government document named Executive Order10925 signed by John F. Kennedy. Affirmative action is the “positive steps taken to increase the representation of women and minorities… from which they have been historically excluded.” (Fullinwider 1) It mostly used in education field now to promote the proportion of minority students in higher education. Based on affirmative action, many universities give preference to minorities when both they and majority white students apply at the same time. So that many minority students got the equal chance, or even more chance to go to college. This kind of action do have influential effect, in 2004, 21% of the freshmen at the Austin campus, University of Texas were black or Latino, and this percentage up to 26% in 2007. (Washington) It seems that minorities get equal treatment and equal opportunity in education, however, it brings new problems. According to an article entitled “Supreme Court will hear case on affirmative action at colleges,” a white student who failed to apply the University of Texas under the policy of “racial preferences” institute an appeal to end the “racial...
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...Introduction: Affirmative action means taking positive steps to recruit, hire, train and promote individuals from groups that have been discriminated on the basis of race, sex, disability, or other characteristics. Affirmative action has its origins in the civil rights movement of the late 1950’s and early 1960’s, in which in brought a dramatic change to U.S social life through protests, court decisions and legislative action. Affirmative action is used to fill quotas in college admissions, instead of accepting the credible applicants. Under affirmative action, someone is enrolled based on there race rather than their scholastic merit. Minorities should be able to have an advantage over other privileged groups because of their past experiences; however, it actually ends up hurting everyone involved by unfairly leaving out more deserving individuals and by discrediting the actual achievements of minorities. Body Paragraph 1: Affirmative Action originated in the civil rights movement of the late 1950’s and early 1960’s and it helped increase possibilities for minorities to be hired and promoted, to be admitted to colleges and to be awarded by government contracts Detail 1: Origins of Affirmative Action Detail 2: Started to provide a special boost to minorities, in order to make up for past discrimination Detail 3: Sought equality for minorites Body Paragraph 2: Affirmative action started as an effort that gives opportunities to minorities, women, and any group who...
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...FEDERAL CONTRACTOR COMPENSATION PLAN LAWS PERTAINING TO COMPENSATION PLAN UNIVERSITY OF PHOENIX Biotech is a federal contractor that employs 200 employees and serves as the government leader in bioresearch. Creating a compensation plan Biotech must ensure that all laws and regulations pertain to them are being followed, since Biotech works for the government there are many laws that they must abide by such as; Title VII of the Civil Rights Act of 1964, American with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA) as well as Executive Order 11246. Amongst the following law that has a direct impact with the compensation plan of Biotech, Executive Order 11246, covers a broad array of regulation that is covered by OFCCP (Office of Federal Contract Compliance Programs). Under the Executive Order 11246, federal contractors such as Biotech, must subject to a compliance review to which an examiner to reviews their affirmative action program. The compliance review is an investigation that evaluates possible discrimination within Biotech if one exists. Biotech’s compensation plan must be outlined to the regulation of Executive Order 11246, by ensuring that all employees are free from discrimination. If a compensation plan is to be establish it should be aligned with Biotech’s affirmative action plan. The affirmative action plan of Biotech’s must have all the efforts to prevent the possibility...
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...AFFIRMATIVE ACTION--MORAL COMPENSATION OR REVERSE DISCRIMINATION? For forty years the issue of affirmative action has been subject to a tremendous amount of debate and controversy. When President Kennedy proposed the idea of preferential treatment in 1961, the nation was in the midst of radical changes regarding civil liberties. It was a time when the injustices imposed upon minorities were beginning to be recognized, and people wanted to make up for the years of oppression that served as a barrier for the advancement of minorities in America. At the time, the idea was morally justified and socially appropriate. While it is still a morally commendable effort today, the system has become an attempt to atone for the sins of our country's past, and a double standard that threatens every citizen's liberties. The first problem with affirmative action is the obvious fact that it is an attempt to end discrimination with discrimination. When a company or university discriminates against a white male for the sake of bettering the outcome of another racial group, an injustice occurs. Affirmative action is the governmental legislation of the active discrimination of one person over another an unacceptable and dangerous double standard. Secondly, affirmative action seeks to reconcile the injustices of the past. The horrible atrocities of the past, including slavery and the refusal to grant women and minorities the right to vote, cast an ugly shadow on the history of our nation. But affirmative...
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...a single piece of evidence. A Unique Link card, for example, will include both a description of the status quo and the plan's effect on it. A traditional threshold DA, however, has a structure as follows: Uniqueness[edit] Uniqueness shows why the Impacts have not occurred yet or to a substantial extent and will uniquely occur with the adoption of either the Affirmative's plan or the Negative's counterplan. Example: If the negative team argues that the affirmative plan will result in nuclear proliferation, it would also argue that the status quo will avoid nuclear proliferation. If the Affirmative claims that nuclear proliferation is already occurring, the negative team could argue that adoption of the plan would result in a unique increase in nuclear proliferation. If the plan causes no net change in the rate of nuclear proliferation, the disadvantage is not unique to the plan, and therefore not relevant. External links[edit] For the disadvantage to have relevance in the round, the negative team must show that the affirmative plan causes the disadvantage that is claimed. If the DA stated that the plan takes money from the government, and the...
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...a single piece of evidence. A Unique Link card, for example, will include both a description of the status quo and the plan's effect on it. A traditional threshold DA, however, has a structure as follows: Uniqueness[edit] Uniqueness shows why the Impacts have not occurred yet or to a substantial extent and will uniquely occur with the adoption of either the Affirmative's plan or the Negative's counterplan. Example: If the negative team argues that the affirmative plan will result in nuclear proliferation, it would also argue that the status quo will avoid nuclear proliferation. If the Affirmative claims that nuclear proliferation is already occurring, the negative team could argue that adoption of the plan would result in a unique increase in nuclear proliferation. If the plan causes no net change in the rate of nuclear proliferation, the disadvantage is not unique to the plan, and therefore not relevant. External links[edit] For the disadvantage to have relevance in the round, the negative team must show that the affirmative plan causes the disadvantage that is claimed. If the DA stated that the plan takes money from the government, and the...
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...into a single piece of evidence. A Unique Link card, for example, will include both a description of the status quo and the plan's effect on it. A traditional threshold DA, however, has a structure as follows: Uniqueness[edit] Uniqueness shows why the Impacts have not occurred yet or to a substantial extent and will uniquely occur with the adoption of either the Affirmative's plan or the Negative's counterplan. Example: If the negative team argues that the affirmative plan will result in nuclear proliferation, it would also argue that the status quo will avoid nuclear proliferation. If the Affirmative claims that nuclear proliferation is already occurring, the negative team could argue that adoption of the plan would result in a unique increase in nuclear proliferation. If the plan causes no net change in the rate of nuclear proliferation, the disadvantage is not unique to the plan, and therefore not relevant. External links[edit] For the disadvantage to have relevance in the round, the negative team must show that the affirmative plan causes the disadvantage that is claimed. If the DA stated that the plan takes money from the government, and the...
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...Are Affirmative Action Plan Goals Evidence of Discrimination? Bikram Prajapati MS510: Human Resources Management Professor Louis Lopez July 29, 2013 Are Affirmative Action Plan Goals Evidence of Discrimination? Affirmative action is a process of actively seeking to identify, hire and promote qualified members of underrepresented groups. The main purpose of affirmative action is to ensure that all racial and gender groups were proportionately represented at all levels of the company The affirmative action is directly related with people perception and Discrimination is define as differential treatment of individuals belonging to particular groups or categories. There are so much controversy on affirmative action whether it is good or bad even that different country easily accept the action. Employee hire under the affirmative action may be less qualified from other so they may be treated as differently but if the both employee which is one from underrepresented group and other from overrepresented group then hiring employee by using affirmative action is best. Such that affirmative action gives “certain criterion of merit”, and it is not intentionally discriminatory because everyone has not equal access or more smart and capable than other group for that job. The capability may be differ by inherently and gender so affirmative action plays an important role to recruit capable people from underrepresented group. Civil Rights Act of 1964...
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...INTRODUCTION Becoming a diverse organization makes good business sense for both for profit and not for profit companies. Creating a diverse workforce provides tremendous opportunities for organizations and individuals to tap into the ideas, creativity and potential contributions inherent in a diverse work force. The composition of America’s workforce is changing. According to the census Bureau, nonwhite will represent more than one-third of the U. S. population by the year 2010 and close to half of the U. S. population by the ear 2050. By the year 2005, the ethnic minority share of the workforce will reach 28 percent. It is also projected that the Hispanic-American population will be the largest minority group in the U. S. by the year 2010. In order for companies to fully and aggressively compete in the marketplace, they will need to consider these statistics and work towards attracting, recruiting, developing and retaining a diverse workforce. This will be critical if they are to survive. They will also need to recognize that the market they cater to is becoming more diverse. Diverse groups are a growing percentage of the buying power in the United States. In order to maintain competitive advantage in the sector they serve, organizations will need to truly understand its customers, clients, members and employees and will need to create an organizational climate that is welcoming to all. The Birth of the Diversity Movement The “Diversity”...
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...Ethics and affirmative action: Is affirmative action still an ethical policy. Dennis Wagner Concordia University May 2011 Ethics and Affirmative Action Since its inception 50 years ago, affirmative action has been a topic that more divides people than unites them. Affirmative action was originally conceived as a way to right the injustices that had been foisted upon minorities for over 200 years. What started as a simple idea is still debated and litigated to this day. The main problem of affirmative action is there is no way to advance one group of people without holding another group back. Affirmative action was once a policy that was necessary to advance diversity in education and employment; however, the practice of race and gender quotas is no longer an ethical choice. This paper will examine the past, present and future of affirmative action and offer recommendations for balancing ethics with affirmative action. Past The first use of the term “affirmative action” was in Executive Order 10925 (Executive Order 10925, 1961). President Kennedy signed this executive order on March 6, 1961, and the order provided that the federal government and contractors should take affirmative action to ensure that hiring for all federally funded projects is conducted without racial bias (Executive Order 10925, 1961). This executive order also started the Committee on Equal Employment Opportunity (Executive Order 10925, 1961). This order was mainly a passive means to prevent...
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...Diversity in Management 03/12/2015 In the year 1961, affirmative action was introduced. Since its arrival, debates became natural and controversy was part of criteria. In order for the people considered minorities in our country, as well as women to have somewhat of leverage within the work environment, there must me different views. The work force in which a company has desired to develop, should always offer equality and should be unique in its own way. After the establishment of affirmative action, people still have their discrepancies about it not being fair, and signs of discrimination towards others, but with a need there is a way. Companies must still triumph to create a divert plan. A company that wants to succeed and grow beyond others must be acknowledged. I believe its important for companies to have a distinct plan that will put them a step above competitors within a community (Fiske). Equal opportunity laws have been created by the government to support the much needed attention on diversity. These laws require that as a company within a community, no matter their sex, race, religious preferences, sex origin or age, they must administer the same commitment and options to each applicant. When companies want to avert complaints on discrimination, the EEO laws come into play. Any previous discriminant actions can be resolved and corrected with a well thought out plan, that is original therefore, differs from the norm. Corporate America, in...
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...plays a major role in Human resources. There are legal issues associated with email usage as well as internet use and organizational leaders need to be aware of these issues. The Occupational Safety and Health Administration (OSHA) requires employees to keep records of safety practices and incidents. Companies must have records of the information they provide to teach employees of possible health concern and dangers present in the work place. The HR professional should ensure that sexual harassment guidelines, laws and prevention methods are presented and understood by the organizational leaders. The Xerox Company is on the Fortune 500 global document management company that was founded in 1906. It launched an aggressive turnaround plan that returned the company to full-year profitability, along with decreasing debt, increasing cash, and continuing to invest in research and development. It is a company known for increasing profits, however it is also a company also well known for its’ hiring practices. Xerox’s hiring practices improved profitability in several ways. Xerox understood that promoting both women and minorities would be profitable because drawing from a much larger labor pool would in fact help Xerox compete. There hiring practices...
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...Cheryl Boulden , a 52 year old African American employee of the United Stated Forest Service (USFS), expressed that she was the victim of harassment and discrimination by a male supervisor because of her skin color, abilities, and having a relative in higher position. Her testimony shows that she experienced a hostile work environment that worsened after complaining to the Equal Employment Officer. In order to increase the effectiveness of the Affirmative Action Plan( AAP) it is necessary to understand the issue of discrimination in this case. In this context, Boulden was the victim of discrimination that can be attributed to racism from coworkers. From her narrative, we learned that her coworkers placed the blame of the situation on her...
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...Affirmative Action: Is it still needed in Today’s World? Table of Contents Abstract ……………………………………………………………………………………….3 What is Affirmative Action ………………………………………………………………….. 3-4 History of Affirmative Action ………………………………………………………………...4-6 Legal History of Affirmative Action ………………………………………………………….6-8 The People for Affirmative Action ……………………………………………………………8-9 The People against Affirmative Action ……………………………………………………...10 The Benefits of Affirmative Action ………………………………………………………….10-12 The Cons of Affirmative Action ……………………………………………………………..12-14 Conclusion (My Opinion) ……………………………………………………………………14-15 References ……………………………………………………………………………………16 Abstract Affirmative action has been the topic of some debate because people wonder if it has outlived its usefulness. It is a very controversial topic. This paper will address this issue, is affirmative action still needed in today’s world? This paper will tell what affirmative action is, the history, the legal history of it, the people for it, the people against it, the benefits of affirmative action, the cons of affirmative action, and finally how I feel about affirmative action What is Affirmative Action? Affirmative action is only applied to those who have 15 or more employees, or a government contract of fifty or more employees or a contract over $50,000. The following summary describes affirmative action: Born of the civil rights movement three decades...
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