Affirmative action presentation

Training workshop on affirmative action

introduction

2

applicable laws affecting affirmative action

Federal Antidiscrimination Statutes, Title VII

An employer cannot discriminate based on race, color, religion, sex, or national origin.

It shall be an unlawful employment practice for an employer:

To fail or refuse to hire or to discharge an individual or otherwise to discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.

To limit, segregate, or classify his or her employees or applicants for employment in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee, because of such individual’s race, color, religion, sex, or national origin.

Title VII of the Civil Rights Act of 1964 (Title VII)

This law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate applicants' and employees' sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer's business.

The Pregnancy Discrimination Act

This law amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

United States Equal Employment Opportunity Commission, www.eeoc.gov/laws/statutes

3

applicable laws affecting affirmative action

Vocational Rehabilitation Act of 1973

Requires affirmative action to employ and promote qualified handicapped persons and prohibits discrimination against handicapped persons, similar to the Americans With Disabilities Act.

Applies not only to all entities, programs, and activities that receive federal funds and to government contractors, but also to all programs and activities of any executive agency as well as the U.S. Postal Service.

Vietnam Era Veterans' Readjustment Assistance Act of 1974

Requires affirmative action in employment for veterans of the Vietnam War era.

Sections 501 and 505 of the Rehabilitation Act of 1973

This law makes it illegal to discriminate against a qualified person with a disability in the federal government. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.

United States Equal Employment Opportunity Commission, www.eeoc.gov/laws/statutes

4

characterizations of a quota system

A quota system, in the employment context, is a hiring system that gives preference to protected group members. Quota systems are designed to correct adverse impact, resulting from employment practices that appear neutral but have a discriminatory effect on a protected group. Retrieved from https://definitions.uslegal.com/q/quota-system

characterizations of a goals and timetables

A "goal" is a numerical target, usually expressed as a percentage, for the hiring or promotion of persons of a particular group. "Timetables" are the deadlines for reaching the numerical goals.

which system affirmative action uses

"AFFIRMATIVE ACTION" is a governmentally required positive effort, beyond elimination of discrimination, to seek out and employ persons of groups that have been discriminated against. It is a requirement now imposed on all Federal contractors, which includes almost all employers. Now required as part of a program of affirmative action are "goals" and "timetables“, how many of each protected group the employer hopes to add in a given period of time. The failure to reach a goal in a given time will not necessarily be considered evidence of discrimination if the contractor can show "good faith" efforts to reach the goal.

Goals or targets must be set on the basis of an estimate of the relevant labor pool for each underutilized group. To find out what is an underutilized group means to compare the employed or admitted with some population percentage. It means finding out whether an employer or college is deficient in this percentage. And it means promising to reach some numerical goal on the basis of the tools of affirmative action.

Affirmative Action vs. Quotas www.thecrimson.com

7

(Slide 3) Human Resource Management and Affirmative action plans

Designing a plan and action-oriented programs

Attract, hire, promote, and retain

Monitor the utilization of protected classes

Conducting quantitative analyses

Identify problems

Internal auditing

Providing equal access and opportunities

Open and regular performance reviews and discussions

Prevent harassment and discuss disciplinary actions

The role a Human Resource manager plays in implementing an affirmative action plan is extremely important to the success and effect on creating a workforce that is diverse and ensures equal employment opportunities. As a Human Resource manager, tasks include understanding laws and regulations of equal employment opportunities and the policies, vision, and culture of the company as well. Being knowledgeable in these topics and issues will help with their important duty to design and implement an affirmative action plan and programs. They must use the companies policies, procedures, and vision in order to attract, hire, promote, and retain the candidates best qualified and fit for each specific position and ensure that all employees are maintaining equal opportunities such as promotions and advancements. The HR manager also must monitor the utilization of all employees and protected classes to continue to guarantee they are being utilized in the most productive way. Another task is to conduct quantitative analyses in order to ensure these goals of diversity and equal opportunities are being met and identify any problem areas that come up within these analyses and internal audits. All while implementing these action plans, HR must encourage and foster the idea of inclusion so that all classes are being respected and included. Lastly, some other roles HR management plays in the affirmative action plan is providing equal access to employees and opportunities for growth and training, schedule regular performance reviews and discussions with staff and management, and take proactive steps toward preventing harassment issues and discuss any disciplinary actions that would follow any harassment incidents. (MIT Human Resources, n.d.)

8

(slide 6) Contractor and Subcontractor Responsibilities

Comply with Equal Employment Opportunity requirements and laws

Executive Order 11246

Vietnam Era Veterans' Readjustment Assistance Act of 1974

Section 503 of the Rehabilitation Act of 1973

Prevent discrimination

Present Equal Employment Opportunity translucently

Keep records and provide records and files during audits or investigations U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP)

File annual EEO-1 reports

Verify all employee employment eligibility

Initiate and develop strategies to achieve equal employment opportunities

There are many responsibilities involved with being a contractor or subcontractor in regards to maintaining affirmative action and equal employment opportunities. Laws such as the Executive Order 11246, Vietnam Era Veterans’ Readjustment Assistance Act, and Section 503 of the Rehabilitation Act are among the many laws that must be followed. Contractors and subcontractors must be vigilant in preventing discrimination, keeping EEO posters up for employees to see, include EEO statements within employment advertising, keeping records and files and presenting them to the U.S. Department of Labor’s Office of Federal Contracts Compliance Programs (OFCCP) during audits or investigations, filing annual EEO-1 reports, and verifying all employee employment eligibility (SHRM, 2016). By continuously following these responsibilities and laws, contractors and subcontractors may easily continue to be reconstructed.

9

conclusion

references

Framework for Human Resource Management, Managing Equal Opportunity and Diversity (G. Dessler)

Employment Law for Business, Chapter 5, Affirmative Action, (D. Bennett-Alexander, L. Hartman)

United States Equal Employment Opportunity Commission, www.eeoc.gov/laws/statutes

Quota System Law and Legal Definition, https://definitions.uslegal.com/q/quota-system

Thomas, Clarence (1986) "Affirmative Action Goals and Timetables: To o Tough? Not Tough Enough!," Yale Law & Policy Review: Vol. 5: Iss. 2, Article 8. http://digitalcommons.law.yale.edu/ylpr/vol5/iss2/8

Affirmative Action vs. Quotas http://www.thecrimson.com/article/1973/3/20/affirmative-action-vs-quotas-pbabffirmative-action

MIT Human Resources. (n.d.). Diversity and inclusion. Retrieved from http://hrweb.mit.edu/diversity/affirmative-action-plan-admins/overview

SHRM. (2016). Managing federal contractor affirmative action programs. Retrieved from http://www.shrm.org/resourcesandtools/tools-and-samples/toolkits/pages/managingaffirmativeactionprograms.aspx