...AFFIRMATIVE ACTION “Affirmative action has become a moral and political question which seems to divide Americans rather than unite them.” Those in favor of affirmative action support the idea of correcting racism and reversing the lasting effects of discrimination; those opposed to affirmative action feel that no group should be favored over another group based on sex or color of skin. Over the course of time, the development, defense, and contesting of affirmative action has been (1) legal and administrative as courts, legislatures, and executive departments of government have made and applied rules requiring affirmative action and (2) a public debate, where the practice of preferential treatment has produced controversy for and against. The United States affirmative action policies have helped to increase possibilities for minorities the ability to enter the work force, be admitted into colleges, and be awarded by government contracts. The underlying motive for affirmative action is the Constitutional principle of equal opportunity, which holds that all persons have the right to equal access to self-development. In other words, persons with equal abilities should have equal opportunities. The legal status of affirmative action was set by the Civil Rights Act of 1964 which became the landmark of legislation prohibiting discrimination in voting, public education, accommodations, and employment in firms with more than fifteen employees. There are numerous reasons...
Words: 553 - Pages: 3
...Employment and Reemployment Rights Act Genetic Information Nondiscrimination Act of 2008 State and Local EEO Laws Religious and Other Types of Discrimination Sexual Harassment Defenses against Discrimination Allegations The Central Role of Adverse Impact Bona Fide Occupational Qualification Business Necessity Recruitment Word of Mouth Misleading Information Help Wanted Ads Selection Standards Educational Requirements Tests Preference to Relatives Height, Weight, and Physical Characteristics Arrest Records Application Forms Discharge Due to Garnishment Sample Discriminatory Promotion, Transfer, & Layoff Practices Personal Appearance Regulations and Title VII The EEOC Enforcement Process Voluntary Mediation Mandatory Arbitration of Discrimination Claims Diversity Management Potential Threats to Diversity Some Diversity Benefits Managing Diversity Implementing the Affirmative Action Program Reverse Discrimination In Brief: This chapter gives a history of equal opportunity legislation, outlines defenses against discrimination allegations, gives examples of discriminatory practices, describes the EEOC enforcement process, and suggests proactive programs. Interesting Issues: Affirmative action...
Words: 6926 - Pages: 28
...Introduction Affirmative action is the act of promoting equal opportunities for al ("Diversity & Inclusion", n.d.). This paper will examine the components of Affirmative action as it relates to the public and private sector employers, and the many ways that it interacts with Title VII requirements of Equal Employment Opportunity. This paper will address the following questions: (1) what employers are subject to affirmative action plans and why? (2) What do the plans require employers to do? (3) What happens if employers do not meet the goals of the affirmative action plan? In 1941, the federal government tried to remove any and all forms of discrimination in the hiring process within the defense industry and ultimately within the whole federal employment. After President John F. Kennedy signed the 1961 Executive Order number 10925, it required federal contractors to take affirmative action to certify that applicants are employed and that employees are taken care of, without regard to one’s race, faith, color, or national origins. While Lyndon B. Johnson’s was the president back in 1967, 1965 Executive Order 11246 was lengthened to include women. Title VII of the 1964 Civil Rights Act does not permit discrimination in any way based on color, faith, race, sex, or gender in employment, relocation, or advancement decisions but did not comprise employers compliance with affirmative action plans. Law court may order an employer...
Words: 876 - Pages: 4
...Affirmative Action in Education As President Roosevelt was rebuilding the country after the Great Depression, he was also trying to solve the problems of discrimination and segregation. After multiple unsuccessful programs to solve this problem, Roosevelt released an executive order in 1941 that declared “there ‘shall be no discrimination in the employment of workers in defense industries or government because of race, creed, color, or national origins’” (qtd. in Rojas). Later, in the 1960’s, President John F. Kennedy introduced “affirmative action” while issuing “Executive Order 10925, which included a provision that government contractors take affirmative action to ensure that applicants are employed, and employees are treated during employment, without regard to their race, creed, color, or national origin" (qtd. in Rojas). Once President Carter was in office, he released Executive Order 12138 that included women in affirmative action cases (“Executive...
Words: 890 - Pages: 4
...Managing Diversity with Organizational Behavior Managing Diversity with Organizational Behavior I believe the president of the United States Barack Obama and many of the 2010 Congressmen and Senators could have learned a lot from this Organizational Behavior class. I believe that their lack of managing diversity training is the root cause of some major turmoil both in and out of the military, and will continue to be for many years to come. In this analysis I would like to focus on some issues with the legislations repeal act of president Bill Clinton and his 1993 legislation’s “Don’t Ask, Don’t Tell” policy and discuss how the 2010 legislation could have managed diversity with less complications. The following analysis is not meant to voice the military nor my personal opinion of the “Don’t Ask, Don’t Tell” policy nor its repeal. This analysis will focus purely on how the 2010 legislation could have managed diversity with less complications (Kreitner & Kinicki, 2010, p. 35) in regards to: the repeal act of the “Don’t Ask, Don’t Tell” policy (Wikipedia, 2012), the Defense of Marriage Act (Beutler, 2011), and the Uniform Code of Military Justice (UCMJ) Article 125: Sodomy (SLDN, 2012), and how these policies are currently not working well together (Beutler, 2011). Diversity represents the multitude of individual differences and similarities that exist among people. Diversity is not an issue of age, race, or gender. Diversity is not an issue of being heterosexual, gay...
Words: 2623 - Pages: 11
...Affirmative Action is a set of laws, policies, guidelines, and administrative practices to terminate and right the effects of discrimination. Many people on whether affirmative action is necessary, supporters say it makes up for years of discrimination. While critics say it causes more discrimination because administrators might choose minorities over those who are more qualified The focus of this paper is why people do or do not agree with affirmative action The purpose of this paper is to tell about affmative action and what people think of it. s research is important because affirmative action programs help a lot of minorities get into college. In 1941. President Franklin D. Roosevelt forbid defense contractors from using racially diseriminatorv...
Words: 1105 - Pages: 5
...the Federal Affirmative Action Program be abandoned? Should the Federal Affirmative Action Program be abandoned? Yes, the federal affirmative action program should be abandoned. Affirmative action is controversial because many people believe it encourages special treatment of certain groups and encourages so-called reverse discrimination. When we became citizens of this nation we received a warranty. We were guaranteed the right to vote; the right to due process; the right to be free, not to be enslaved, as long as we conduct ourselves in agreement with the laws of our nation; and the right to equal treatment under the law, regardless of our race, color, sex, religion, or national origin(Connerly, 1996). These rights were given to us as individuals, not as members of a group. Our nation has not always been a nation of fairness. We have evolved from times when certain racial groups were not afforded those same rights and were treated lesser than what the constitution states. Because of the color of our skin and the place we were born, some of us were denied these basic rights as Americans. When President Lyndon Johnson explained affirmative action to the nation, it is significant that he said, "You can't bring a man to the starting line who has been hobbled by chains and expect him to run the race competitively." Fairness dictated that the nation pursue affirmative action to compensate black Americans for the wrong that had been done. Affirmative action was a technique...
Words: 675 - Pages: 3
...Promote the Best Qualified, or Consider Diversity? Eric B. Olsen Excelsior College LA498M: LA Capstone-(Military Focus) Mr. Larry Fegans 4 June 2015 Abstract The Army, as part of the Department of Defense (DOD), is the premier military organization in the world. Part of what makes the Army an outstanding organization is the diverse backgrounds that their soldiers are come from. There are African-Americans, Hispanics, Asian-Americans, Native-Americans, Pacific Islanders, and more that help balance out its demographic profile. Soldiers who are Caucasian make up the majority of the Army demographic (Army G1, 2014). What is most impressive is the ability for everyone to work together to accomplish the Army’s mission with so few cases of equal opportunity violations per capita. While the Army celebrates diversity by recognizing different women and minorities during certain months, does the Army sacrifice the best-qualified person for diversity? Surprisingly, there have been times where the Army has gone against its own policies and training to enhance diversity; failing to recognize the best-qualified soldiers for promotion. Promote the Best Qualified, or Consider Diversity? One of the strengths of the Army is its soldiers come from a wide background with unique talents and abilities. This diversity helps the Army accomplish its goals and soldiers have successful careers based on their performance and potential for increased responsibility. However, can an organization...
Words: 2597 - Pages: 11
...Affirmative action is discriminatory and can result in someone not accomplishing their aspiration or dream. With the use of affirmative action, or preferential treatment, one race or gender may have more of an advantage then someone else because of their skin color. Jack Kemp once said, “Affirmative action based on quotas is wrong - wrong because it is antithetical to the genius of the American idea: individual liberty”. Everyone should be treated equal in all scenarios and the most qualified should be chosen. Affirmative action and preferential treatment limit the educational opportunities and social progression in aspects of life such as jobs. All people in consideration, “should be treated as equals unless there are morally relevant reasons for treating them different” (Andre). Factors should be based on the person’s skill and qualifications for the job or acceptance into a school. But, research has shown that minorities have had increases of up to 310 points in their SAT score just because of the race or gender of that person (Affirmative). In these places, race should not be brought up. It should just be based on what they have done and what attributes they will bring. Since the scores might be inflated, it leads to an increase in the inability of them to succeed which then leads to a higher dropout rate. African Americans had a dropout percentage of forty-five percent compared to seventy-three percent by white students in the same year (Andre, Claire). It also was designed...
Words: 1066 - Pages: 5
...Unit 6: Diversity and Affirmative Action Lecture Reading: (1) “Diversity,” by George Sher; “A defense of Diversity Affirmative Action,” by James Sterba; Barbara Grutter, Petition, v. Lee Bollinger, et al. (including dissent and amici briefs)(U.S. Supreme Court); Local 28 Sheet Metal Workers’ Intl. Ass. V. EEOC (U.S. Supreme Court); Unit # 6 Lecture. Case #2 Mr. Sing’s idea of hiring only Asian people for the waiting positions made sense. The whole idea around the authenticity of the Chinese restaurant was the environment. People go to eat Chinese food at a Chinese restaurant want to bona fide Chinese experience. This reminds me of the Hooters case that was all over the news several years ago. A man applied for the food serving job in Texas and was turned away for obvious reasons. I believe he ended up settling. The judge should have thrown out that case to begin with. Let me expand on this a little. I was in India a couple of years ago on a business trip. During that trip, I became very close to a few customers. One evening during dinner and some drinks, someone mentioned something about “female” belly dancers in India and that I should check them out. I was not sure what to think at that moment, but reluctantly said, “Sure, we should go some time before I go home.” About two days before the planned excursion, I read an article in the newspaper that some 20% of the belly dancers were actually male dancers, and not women. I immediately went to the customers and...
Words: 778 - Pages: 4
...According to the Miriam-Webster dictionary, affirmative action is defined as “an active effort to improve the employment or educational opportunities of members of minority groups and women” (Miriam). Many people feel that affirmative action is necessary to either counteract injustices or ensure the advancement of certain minorities. There are four justifications generally pointed out by affirmative action exponents. These are racism, poverty, diversity, and the problem of underrepresentation. Supporters point out that many blacks, Hispanics and Native Americans live in substandard housing, go to substandard schools, and live in crime ridden neighborhoods. They also claim that they are targets of daily racism, hindering their chances for advancement. Proponents point to small numbers of these minorities in certain desirable jobs (i.e. CEOs of corporations and high elected office) as evidence of underrepresentation of minorities and a need for diversity both in the workplace and in higher education. There are a number of different levels of affirmative action, including quotas, preferences, and outreach, in lessening order of severity. Quotas, also called “set asides”, deal with having a definite amount of jobs or college spots reserved for a particular group. For example, if a university admits 1000 students every year and sets aside 150 seats that are open to blacks only, this is considered a quota. A perfect illustration of a quota would be the 1977 Supreme Court case...
Words: 6948 - Pages: 28
...The Benefits of Diversity in Higher Education Vanessa David de Campos June 30, 2014 Outline I. Introduction a. Thesis: Diversity in higher education, which is the inclusion and integration of minorities and marginalized groups, is important because it brings a variety of knowledge through the exposure of students to different perspectives, makes students prepared for working environments, and improves the country’s development. II. The Problems with the Lack of Diversity on Higher Education in the United States a. Comparison between the National Population Number of Minorities and the Number of People that Access Higher Education- Is it representative? b. Problems When the Minorities and Marginalized Groups are Misrepresented in Higher Education III. Higher education and Society a. Responsibility of Universities to Influence and Make Changes in the Society b. Affirmative Actions in the U.S Universities i. Historic ii. Controversial Points- a Defense of Affirmative Action as a tool to guarantee Diversity iii. Issues IV. Diversity a. What is Diversity? i. Defining Diversity in this Research Paper ii. Nomenclature b. Benefits to Society i. Collective and Individual Benefits ii. Numerical Representation and Informal Interactional Diversity iii. Interaction and Educational Benefits V. Preparing to Work a. Corporations, Global Trade Market and their necessities i. Amicus brief General Motors VI....
Words: 3696 - Pages: 15
...ADA and Affirmative Action 1 Affirmative Action and the A.D.A.: Equality Or Patronizing Hector H. Estrada, II University of Phoenix BSHS 421: Cultural Diversity and Special Populations Group SB07BHS02 Bridgette Hernandez, MSW September 17, 2008 ADA and Affirmative Action 2 There has been discrimination in our society for centuries and as a result many with disabilities or those of color were passed over for employment and not given a fair opportunity due to physical appearance. Fortunately there was the executive order to pass affirmative action which guaranteed the hiring of those of color. However many feel that it is a “quota” system that gives jobs to under qualified minorities over qualified Caucasians. This undertone of resentment and judgment has lead to the repeal of the law in California particularly with the University of California system. But does it really benefit those of color to have affirmative action when many employers felt that they only need to hire the minimum number of minorities and still denying many qualified ones. On the same token the American Disabilities Act was passed to guarantee fair hiring of those with physical and mental disabilities due to many years of gross neglect in hiring practices by employers. This too, like affirmative action, assured the hiring of disabled individuals who were more than qualified for positions but were passed over due to physical or mental limitations. This was a positive change from the past...
Words: 813 - Pages: 4
...How Affirmative Action Ban Affect College Admission? Abstract: In this research paper I examined the effects of affirmative action ban on the university enrollment stage. The importance of this topic is that it is very contentious social issue today. In this paper I mentioned some of the experiences of African American activist Ward Connerly, examples of his movement and his opponent approach towards affirmative action. The research finds that affirmative action bans decrease the enrollment in selective universities. However, affirmative action debate will continue in the United States. From research discussions I find that affirmative action carries out emotional reaction, because the concern is the inequality in education. However throughout the research I found some confusions and mixed proofs for that concern. Affirmative action in college admission is one of today’s most argumentative social policy issues. The supporters of affirmative action view it as a just response to past or present discrimination, stress the social benefits of producing minority role models and leaders, and claim that there are educational benefits to diversity. At the same time its opponents contend that it is an impediment to achieving a race-blind society and may even be harmful to those it is intended to directly benefit. The issue has been in headlines as affirmative action in college admissions has been limited in recent years by court decisions...
Words: 1102 - Pages: 5
...Sheel Patel Composition II Professor Stashenko July 2, 2016 Does Affirmative Action Benefit or Penalize You? “You must fail in order to succeed.” This is something that is repeatedly said to students as they prepare to begin their college careers. We encourage failure to remind everyone that no one is perfect and not everything in life will work out exactly the way it is planned. Unfortunately, this may not be having the effect on students that it’s supposed to. In fact, what if the idea of failing is setting up students to just be mediocre rather than be as appealing to a future employer as possible? It is now overwhelmingly common for a student to graduate with their Bachelor’s degree, only to not be able to find a job in their field of study. Affirmative Action is a well known policy in the world, especially as these high school students begin their college application and admissions process. It assures them that regardless of religion, gender, or race, they are all being held at the same standard. But if we tell these students that even when they fail, they can succeed, we’re setting them up for subpar work, only for them to be handed a job over someone who truly deserves it. Affirmative Action policies have a negative impact in the academic world and workplace because while everyone does in fact deserve equal rights, the policy creates an environment that caters to discrimination when it is supposed to eliminate it. During the 1960’s The Civil Rights Movement created...
Words: 2135 - Pages: 9
