Affirmative Action Paper University of Phoenix Employment Law MGT/434 Len Swadlow Esq. October 21, 2008 Affirmative Action Paper Affirmative Action is a very sensitive subject in the workplace. For years, employees and employers have criticized and complained about the affirmative action laws. In this paper, the writer will discuss the elements of Affirmative Action as it applies to the public sector and private sector employers, how it interacts with the Title VII requirements of Equal Employment Opportunity.
The writer will also address the following plans require employers to do, what happens if employers do not meet goals of the affirmative action plan and what employer are subject to affirmative action plans and why? Affirmative Action was placed for women, minorities and individuals with disabilities to ensure that equal service is being received in places such as hospitals, universities and police service. The Civil Rights Act prohibits employment discrimination which is defined as different treatment to individuals based on race, color, religion, gender, and national origin that are qualified to perform the job (Bennett-Alexander & Hartman, 2004)”. Affirmative Action also applies to public sector and private sector employers. Sometime managers have a position open and would like to give it to a friend or family member, which might not meet the criteria of the job. Therefore, affirmative action was placed to set standards for the new hire to adequately fit the position.
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Affirmative Action and Title VII requirements of Equal Employment Opportunity interact with each other because efforts of the plan are displayed in the programs. The objectives of the two are to have a proactive plan to identify, recruit, and promote women, minorities and individuals with disabilities. To offset past discrimination practices and ensure that the individual that is being hired for the position is qualified affirmative action plans and programs have been enforced.
What employers are subject to affirmative action plans and why? Employers have to follow certain rules and regulations to ensure that all goes as well as planned. Employers that are subject to affirmative action plans are employers that employ fifty are more employees who have voluntary contracts with the federal government to provide the government with good or services worth fifty thousand or more. The guidelines clearly state that the employer must not discriminate in the workplace and has to participate in affirmative action if it is determined necessary (ESA, 2004)”. What happens if employers do not meet the goals of the affirmative action plan? Many several actions will be taken if the employers do not meet the affirmative action plans are not meet. “Employers can incur several penalties for not complying with the affirmative action laws.
These fines can include; the publishing of their names as nonconforming contractors or labor unions, recommendations to the EEOC or Department of Justice to file proceedings under Title VII, suits of enforcement from the Attorney General in cases of threatened substantial violations of the contractual EEOC clause, recommendations for criminal proceeding to the Department of Justice for providing false information to the contracting agency or the Secretary of Labor, cancellation, termination, or suspension of their contract for failure to comply with the nondiscrimination provisions of their contract, debarred from entering into further government contracts until the contractor has satisfied the secretary that they will abide by the provisions of the order. Before canceling or surrendering a contract, the Secretary of Labor must make reasonable efforts to obtain compliance by conference, conciliation, mediation, and persuasion. In most cases there is not a need to proceed to more serious actions as contractors take OFCCP orders very seriously (ESA, 2004)”. In conclusion, Affirmative Action will only conquer so much. Individuals need to come together and learn how to separate personal and business beliefs. At the end of the day, a job must be completed and just because the individual is a women or a minority or has a disability does not mean the job will not be done right or at all.
Affirmative Action will continue to be a subject that many do not like to discuss in the workplace and individuals will continue to be mistreated if the rules are not followed. If an individual feels as if they have been discriminated against because of race, religion, disability, or sex options are available and that individual has rights. References Bennett-Alexander, D. , Hartman, L. P. (2004-2007). Employment Law for Business: Affirmative Action. The McGraw Hill Companies. Retrieved October 15, 2008 from University of Phoenix, Resource, https://ecampus. phoenix. edu/content/eBookLibrary/content/eReader. h Employment Standards Administration Office of Federal Contract Compliance Programs October 15, 2008 from http://www. dol. gov/esa/regs/compliance/ofccp/aa. htm