...City of Newark 1. What was the legal issue in this case? What did the court decide? In the case of Lomack v City of Newark, the case was about whether having a diverse workplace was desirable. The legal issue of this case was that there was an alleged pattern of discrimination in the promotion and hiring of firefighters. Many of the fire companies were completely segregated and not integrated in with each other. The court decided that this was not an action that was done by the state but that the state did indeed had to eliminate de facto segregation. The court decided that it cannot “create a rainbow” in terms of being able to racially balance the fire departments. 2. Why was a compelling governmental interest lacking in this...
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...discrimination based on their position in the world economy and built on the ideology of the past. History Brazil’s history is rife with racism and slavery, dating back to its discovery by Pedro Alveres Cabral in 1500. Brazil was originally settled with the intention of harvesting Brazilwood. However, over time the profits from that were supplanted by sugar, which soon became the major export (Phillips 117). Over a short period of time, Brazil became the leading producer of sugar in the Atlantic world. The production of all these exports meant cheap labor was needed. During this time, the Portuguese were sending between 4,000 and 5,000 slaves per year to Brazil from Angola and West Africa; by the 18th century, one million slaves had been imported (117). The continually shifting landscape meant that Brazil’s exports continued to shift. By the time the 19th century came around, Brazil’s major export was coffee as sugar production had shifted to the Caribbean Islands. The continued influx of European slaves and citizens resulted in an uneven population. European labor was generally more skilled and slowly began to overtake slave labor. Around this same time, the abolition of slavery happened in 1888, resulting in a decline in the slave population. By 1888, it was estimated that only a half-million people were slaves, compared to the one-and-a-half million slaves in 1872 (117). This is in part due to the fact that the coffee production process became more and more elaborate,...
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...Is Affirmative Action still necessary? Introduction This topic will explore if Affirmative action is still necessary in the 21st century. Affirmative Action is the encouragement of increased representation of women and minority group members, in employment. It has been commonly referred to as a positive discrimination policy or program designed to counter discrimination against minority groups and women in areas such as employment and education (dictionary.com). “Pro” position There are several reasons to justify Affirmative Action. It was developed to assist society’s less-advantaged members by promoting affirmative action policies is to remedy the effects of past discrimination. Along with the use of the Affirmative Action policy there is the recognition that wrongs have been committed in the past and acknowledgment that there is a moral obligation to set things right (pros and cons). African Americans are not the only, or even the main beneficiaries of affirmative action. There are a wide range of groups that have benefited from Affirmative Action. Some of the groups include women, Native Americans, Arab Americans, Latino/as, Asian Americans, and African Americans. According to the United States Department of Labor, it found that white women are the primary beneficiaries of affirmative action (aapf.org). “Con” position The opposing view point states that it is reverse discrimination. Those opposed of affirmative action do not contest the moral obligation to...
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...EMPLOYEE SELECTION with AFFIRMATIVE ACTION Helen Tewolde May 7, 2007 HRM 6622 Dr. Robert Sauer INTRODUCTION Selection is the process of choosing individuals who have relevant qualifications to file existing or projected job openings (Bohlander & Snell (2007). There are different criteria, themes and laws that are critical for employee selection research and practices. Employee selection is an ongoing process in today’s workplace. In most organizations the managers and human resources specialists are involved in the selection decision. Selection criteria used to evaluate employees consist of categories, education, experience, physical characteristics and personal characteristics. These criteria’s should be stated directly in the job description, which can allow potential candidates to see what is required of the position. Another aspect of employee selection is job analysis. Job analysis is able to obtain information about the jobs and determine what type of individuals to match to the positions. There are many major developments with comparing between a person’s attributes and targeted occupational requirements. Interviewers who participate in selection should maintain a close liaison with the other departments so they can become familiar with the jobs and skills needed to perform them. It is very imperative that all Human Resources Management Department abide by the rules, regulations, and laws...
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...Affirmative Action Marlene S. Smith MGT/434 October 28, 2013 Thomas Affirmative Action Affirmative action is an action that was purposefully designed to provide full and equal opportunities for employment and education for women, minorities, and other individuals belonging to disadvantaged groups. This paper will assess the rudiments of Affirmative Action as it applies to public and private sector employers. The paper will also evaluate what employers are subject to affirmative action plans, what the plans require employers to do, and what happens if employers do not meet the objectives of the affirmative action plan. Affirmative action has been around for many years. Fullinwinder (2009), “Affirmative action means positive steps taken to increase the representation of women and minorities in the areas of employment, education, and business from which they have been historically excluded” (para. 1). When an employer uses preferential treatment to choose a candidate that the company should hire based on race, gender, or ethnicity affirmative action generates disagreement. Most individuals think issues that are mounted by affirmative action derive from the issue of race. Please remember that affirmative action does not apply to all employers. In fact affirmative action applies to organization or companies that employ 50 or more employees who have contracts with the federal government. These companies or organizations have to support the government with goods or services...
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...History of Affirmative Action Human Resources Research Paper BUSI 526 Section D October 30, 2010 Aurelia Mouton Abstract Affirmative action has a relatively short history in the United States. The idea of affirmative action begin to come into play in 1961 when politicians and Presidents alike believed that there needed to be a way to rectify the previous injustices dealt to the minority community in regards to workplace. The text mentions that affirmative action uses “numerical analysis to determine which (if any) target groups the firm is underutilizing relative to the relevant labor market” (Dessler, 2011, 60) and that affirmative action was put into place to eliminate barriers to equal employment. This may be true but from its’ very inception, affirmative action has been met with resistance. History of Affirmative Action Affirmative action has seemed to find its way into the lives of many. It was originally created to make employment opportunities and practices fair for people that were non-white U.S. citizens but has since grown and evolved into much more. The beginning concept of affirmative action was to make right the many years that African Americans were bound because of slavery, discrimination after the abolition of slavery and lack of education that prevented many of them from getting decent jobs. Many positive things can be said about affirmative action when it works; however there are many people that fight against it because of...
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...In the United States, affirmative action refers to equal opportunity employment measures that Federal contractors and subcontractors are legally required to adopt. These measures are intended to prevent discrimination against employees or applicants for employment, on the basis of "color, religion, sex, or national origin".[1][2] Examples of affirmative action offered by the United States Department of Labor include outreach campaigns, targeted recruitment, employee and management development, and employee support programs.[2] The impetus towards affirmative action is to redress the disadvantages[3][4][5][6][7] associated with overt historical discrimination.[8] Further impetus is a desire to ensure public institutions, such as universities, hospitals and police forces, are more representative of the populations they serve.[9] Affirmative action is a subject of controversy. Some policies adopted as affirmative action, such as racial quotas or gender quotas for collegiate admission, have been criticized as a form of reverse discrimination, and such implementation of affirmative action has been ruled unconstitutional by the majority opinion of Gratz v. Bollinger. Affirmative action as a practice was upheld by the court's decision in Grutter v. Bollinger.[10] Affirmative action in the United States began as a tool to address the persisting inequalities for African Americans in the 1960s. This specific term was first used to describe US government policy in 1961. Directed to all...
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...“To what extent are Affirmative Action programs no longer needed in the United States?” Affirmative Action is a policy in the United States that “aims to enhance educational and career opportunities for minorities and women by granting them preferences in college and graduate school admissions, promotions, and contract awards.” (Boxill) Such programs are designed to ensure that qualified individuals in America have equal access to opportunity in areas such as education and employment, and receive a fair chance to contribute all their abilities. As T.H. Andersen points out: “Supporters declare themselves the champions of racial justice, protectors of Martin Lurher King’s Dream, while the opponents see themselves as the defenders of merit, of colorblind equal protection enshrined by the U.S. Constitution.” (Anderson Preface X) Therefore, although at first these programs were considered a huge success, many argue that Affirmative Action has been out dated and is not working anymore. Affirmative Action has served its purpose, and is no longer needed and should be abolished or reformed, as it will no longer be useful in helping eliminate the racial gaps in the United States. Affirmative Action has achieved a great deal since it was first introduced in the 1960s. Politicians have characterized Affirmative Action as a policy “designed to right the wrongs of the past, as a quota system, or a set of remedial programs aimed to compensate for the inadequacies of people of color”(Crosby...
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...GENDER-BASED AFFIRMATIVE ACTION AND REVERSE GENDER BIAS: BEYOND GRATZ, PARENTS INVOLVED, AND RICCI ROSALIE BERGER LEVINSON* I. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II. History Behind the Affirmative Action Race/Gender Anomaly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III. The Circuit Split on the Race/Gender Conundrum . . . . . . . . . IV. Analogy to Race-Based Affirmative Action . . . . . . . . . . . . . . . . . A. Remedial Purpose as a Justification for Affirmative Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. The Diversity Rationale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. The Arguments Against Affirmative Action . . . . . . . . . . . . . V. Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. INTRODUCTION The blockbuster race discrimination cases in recent years have all involved affirmative action and reverse discrimination. The Supreme Court has made it clear that race classifications, whether benign or invidious, will trigger rigid strict scrutiny analysis, which requires that the government prove its program is narrowly tailored to serve a compelling interest. In 2003, the Court, in Gratz v. Bollinger,1 ruled that while student diversity in educational institutions may be a compelling interest, an affirmative action program that...
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...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...
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...The Death of Equal Opportunity in Michigan? An Analysis of Michigan’s Proposal 2 7/20/2007 |Table of Contents | | | | | | | | | |Page | |I. |Nature and Background | | | |A. |Introduction…………………………………………………………. |3 | | |B. |Research Question………………………………………………….. |4 | | |C. |Hypotheses………………………………………………………….. |4 | | | | | | |II. |Methodology | | | |A. |Development of Survey…………………………………………….. ...
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...Does Affirmative Action really reduce discrimination or does it promote discrimination? Affirmative Action is a policy favoring minority groups in education and employment to put an end to discrimination. Does Affirmative Action really accomplish that? No, Affirmative Action doesn’t. In fact, Affirmative Action leads to reverse discrimination. It also rewards people for the wrong reasons. Affirmative Action needs to be put to an end. Affirmative Action doesn’t end discrimination. Instead, it inspires reverse discrimination. In the article, “A Case Against Affirmative Action”, it states, “ The fundamental unfairness and arbitrariness of preferences -- why should the under-qualified son of a black doctor displace the qualified daughter of a Vietnamese boat refugee?” Admissions and employment should not be determined based solely on race. It should be based on their academic and nonacademic achievement. One should look at the qualifications of candidates instead of their race. In addition, an individual from a minority group should not be given slack on the requirements to gain an acceptance just because of their race. “[T]he average SAT disparity between Stanford's African-American and white admittees reached 171 points in 1992, according to data compiled by the Consortium on Financing Higher Education and cited in Richard herrnstein and Charles Murray's book, The Bell Curve.” The African-Americans, in this case, are given an unfair advantage. Why should they be accepted into...
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...AFFIRMATIVE ACTION What is affirmative action? As your advisors, paid handsomely to represent the issue of Affirmative Action in the United States to you, we have gathered and analyzed the core considerations surrounding the issue. We see that there are immense difficulties in reconciling opposing moral views, and that empirical data does not reveal an obvious truth. But there can be much gained in way of a better understanding of the issue in spite of these obstacles if we can take a holistic approach to the problem. Affirmative action is a two-pronged effort that includes “the right of all persons to be accorded full and equal consideration on the basis of merit” (K.U Medical School) and, concurrently, a policy of actively “hiring and promoting qualified individuals in protected groups such as minorities, disabled veterans, Vietnam-era veterans and women” (U. of South Dakota). It was created to focus on education and jobs, and the policies were put in place to take active measures, under the framework of non-discrimination, to ensure that disadvantaged groups that had prevalently suffered discrimination have the same opportunities as whites. The U.S. Department of Labor describes affirmative action as the “ban[ing of] discrimination and requir[ing of] contractors and subcontractors to take… action to ensure that all individuals have an equal opportunity for employment, without regard to race, color, religion, sex, national origin, disability or status as...
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...Exceptions due to merit, seniority Effectiveness of Equal Pay Act Difference was 60 cents on the dollar Currently 80 cents on the dollar Women’s wages have plateaued despite more education, more hours Some argue gap due to “Women’s choices” Civil Rights Act Most comprehensive piece of legislation in terms of diversity (gender, race, religion, ethnicity) Impacts employers of more than 15 employees working 20+ hours a week, unions, employment agencies Constructive Discharge Making the work environment so unpleasant than an employee is forced to quit. Disparate Treatment When an applicant or employee is treated differently because of their membership in a protected class (Intentional discrimination) > Women have poor math skills > People with Hispanic last names don’t speak English Disparate Impact Occurs when an apparently neutral, evenly applied policy or practice has a negative effect on the employment of people belonging to a protected class (Unintentional discrimination) Must demonstrate statistical evidence for lawsuit Examples > Education requirements > Height, weight requirements Bona Fide Occupational Qualifications In a limited number of cases, discrimination on the basis of sex, religion, and age is not illegal Affirmative Action Whereas Civil Rights Act is passive (prohibits discrimination), Affirmative Action Programs require action Affirmative action applies to employment and education of minorities in government subsidized institutions...
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...Race Matters: Book Analysis In the book “Race Matters “Dr. Cornell West positioning himself at the intersection between the academy, the black church and the world at large. Dr. West has the ability to discern synthesis where others see only chaos and inspire hope in the face of seemingly insurmountable odds. On the issue of race, West attempts to address the root cause of the plight that is causing the decay of the Black Community. In his attempt to be a nonpolitical figure, he discusses how the political parties played a major role in the desecration of the morals, ideas and beliefs facing black America. West states, “The Liberal / Conservative discussion conceals the most basic issue now facing black America: the nihilistic threat to its very existence. Dr. West felt that in order to legitimately discuss race relations in America, then the conversation has to go beyond, government, academia and black organizations. West argues that "we need to begin with a frank acknowledgment of the basic humanness and Americanism of each of us . . . If we go down, we go down together." By analyzing social issues through a humanistic and often spiritual lens, West transforms discussions of the fine points of affirmative action or the failings of black leadership into wide-ranging inquiries on the human condition. West's thinking consistently challenges the conventional wisdom. Black leaders should have been honest, he writes, about the fact that Clarence...
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