...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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...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 government contracting agencies, President John F. Kennedy's Executive Order 10925 mandated "affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin."[11] Four years later, President Lyndon B. Johnson elaborated on the importance of affirmative action to achieving true...
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...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 Bakke v Regents of the University of California, in which the court ruled that these quotas could not be used by the system but that race could be considered a plus in admissions to the medical school. This brings us to preferences. Preferences are when persons from certain groups (usually groups that have been underrepresented or disadvantaged) are given a ‘boost' in admissions. An example of...
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...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 assigned points to applicants of minority races was unconstitutional.2 In 2007, in Parents Involved in Community Schools v. Seattle School District No. 1,3 it held that two public school district plans that used race-based enrollment targets for student assignments failed strict scrutiny because the districts neither proved a compelling interest, nor demonstrated that the plans were...
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...Equality and the Constitution 4 Class 1: Slavery and the Constitution 4 1. The Original Constitution 4 2. State v. Post 4 3. Dred Scott v. Sandford (1857) 4 4. Reconstruction 5 5. Post-Reconstruction Cases 6 Class 2: The Advent of American Constitutional Law: Brown 7 6. RACIAL EQUALITY 7 7. Brown I (1954) The segregation of children in public schools based solely on race violates the Equal Protection Clause. 7 2. Brown II 8 3. What was the constitutional harm in Brown? 8 4. THEORY 8 5. Subsequent School Desegregation 9 Class 3: Local Efforts to Desegregate: Parents Involved 11 6. Parents Involved 11 Class 4: Rational Basis Review: Cleburne, Romer, etc. 13 2. Tiers of Scrutiny 13 3. Beazer (1979) 13 4. Moreno (1973) 14 5. Cleburne (1985) 14 6. Romer (1996) 15 7. Nordlinger (1992) and Allegheny Pittsburgh (1989) 16 8. Lee Optical (1955) 17 Class 5: Racial Classifications and Heightened Scrutiny: Strauder, Korematsu, Loving 17 9. Heightened Scrutiny Analysis 17 10. Strauder (1880) 17 11. Korematsu (1944) 18 12. Loving (1967) 19 13. Theories Supporting Strict Scrutiny of Racial Classifications 20 14. Tiers of Scrutiny 20 15. Tiers of Scrutiny Table 21 Class 6: Facially Neutral Classifications: Washington v. Davis 21 16. Types of Discrimination (from Fall) 21 X. Disparate Impact 21 XI. Purposive Discrimination 22 ...
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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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...European University 2013-2014 Human Resources Management Class Summary Gauthier Steiner European University 2013-2014 Human Resources Management Class Summary Gauthier Steiner Contents What is Human Resource Management? 3 Who Performs the Human Resource Functions? 4 Key Challenges for HR Managers 5 HRM and Strategy 6 Organizational Performance and the Human Resource Manager 7 Communicating Human Resource Programs 8 Equal Employment Opportunity & Diversity 9 Equal Employment Opportunity Laws 9 Landmark Court Cases 11 Compliance Agencies 12 EEO Implementation 12 Key terms of the chapter 13 Job Analysis and Job Design 15 Basic Terminology 15 Job Analysis 17 Job analysis method 19 Disadvantages of job analysis 21 Job Design 21 Advantages of job specialization 21 Job design consideration 22 Human Resources Management: Chapter 1: Strategy What is Human Resource Management? Human resource management (HRM, or simply HR) is the management process of an organization's workforce, or human resources. It is responsible for the attraction, selection, training, assessment, and rewarding of employees, while also overseeing organizational leadership and culture and ensuring compliance with employment and labor laws. Nearing the 21st century, advances in transportation and communications greatly facilitated workforce mobility and collaboration. Corporations began viewing employees as assets rather than as cogs in a machine...
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...antagonistic relationships. The political environment consists of the government and legislative processes that both delimit and enable action in public organizations. Finally, the social environment consists of broader forces that are at work that are often ignored or misunderstood. This course will help students become aware of how others impact them and how they impact others. II. STUDENT LEARNING OUTCOMES: Students completing this course will be able to understand the power and discretion you will have while working in the field of public administration and think about the best ways to use this power to help others. Students will learn to write persuasively through the case study and legislative research papers. Students will also learn to communicate effectively through various in-class negotiation exercises, case study and legislative research presentations, and group presentations. Learning Outcomes 1. Research Paper Extent High...
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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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...Narrow forms of affirmative action have survived, legally and politically, only to the extent that they can be distinguished from quotas. Quotas are so widely regarded as legally, politically, and morally repugnant that they are taboo: The “q-word”[4] is rarely the subject of any serious debate, even by those who favor stronger civil rights protections for women and minorities. The related belief in the illegitimacy of ever pursuing numerically informed demographic balance – especially along lines of race or gender -- is gaining strength in the Supreme Court’s major antidiscrimination cases in the last several years.[5] It is widely accepted – even by civil rights advocates – that pursuing racial or gender balance as a goal, “for its own sake,” would be illegitimate.[6] This principle threatens the constitutionality of race-based affirmative action, which may meet its demise in Fisher v. Texas next Term. Meanwhile, in Europe, quotas have made a definitive comeback, as a way of pursuing gender equality. Legislative and constitutional transformations over the last few years have led to the adoption of various policies requiring gender parity quotas in positions of political and economic power. Gender balance is regarded not only as a justifiable and legitimate goal, but as a permanent and enduring...
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...f- ^ ^ ^ tC^L X Human Resource Management R. WAYNE MONDY, SPHR in collaboration with JUDY BANDY MONDY McNeese State University Prentice Hall Boston Columbus Indianapolis New York San Francisco Upper Saddle River Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo Preface XXII Acknowledgments xxv Strategic Human Resource Management: An Overview 3 Chapter Objectives 2 HRM in Action: Not HR Branding, Employer Branding 3 Human Resource Management 4 Human Resource Management Functions 5 Staffing 5 • Trends if Innovations: Measuring Quality of Hire in Today's Environment 6 Human Resource Development 6 Compensation 7 / Safety and Health 7 Employee and Labor Relations 7 Human Resource Research 8 Interrelationships of HRM Functions 8 Dynamic Human Resource Management Environment 8 Legal Considerations 8 Labor Market 9 Society 9 Unions 10 Shareholders 10 Competition 10 Customers 10 Technology 10 Economy 11 Unanticipated Events 11 How Human Resource Management Is Practiced in the Real World 11 HR's Changing Strategic Role: Who Performs the Human Resource Management Tasks? 11 Human Resource Manager 12 HR Outsourcing 12 HR Shared Service Centers 13 Professional Employer Organizations (Employee Leasing) 13 Line Managers 14 HR as a Strategic Partner 14 A Strategic HR Example 16 A Strategic HR Audit 16 Human Capital Metrics 17 Human Resource Designations 18 Evolution of Human Resource...
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...Berkeley Journal of Gender, Law & Justice Volume 7 | Issue 1 Article 2 September 2013 The Legal Implications of Gender Bias in Standardized Testing Katherine Connor Ellen J. Vargyas Follow this and additional works at: http://scholarship.law.berkeley.edu/bglj Recommended Citation Katherine Connor and Ellen J. Vargyas, The Legal Implications of Gender Bias in Standardized Testing, 7 Berkeley Women's L.J. 13 (1992). Available at: http://scholarship.law.berkeley.edu/bglj/vol7/iss1/2 Link to publisher version (DOI) http://dx.doi.org/ This Article is brought to you for free and open access by the Law Journals and Related Materials at Berkeley Law Scholarship Repository. It has been accepted for inclusion in Berkeley Journal of Gender, Law & Justice by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact jcera@law.berkeley.edu. The Legal Implications of Gender Bias in Standardized Testing Katherine Connort Ellen J. Vargyast TABLE OF CONTENTS I. II. INTRODUCTION ....................................... THE FACTUAL CONTEXT ............................. A. The Scope of the Problem ............................ 1. Post-Secondary Admissions Tests .................. 2. Vocational Aptitude Tests and Interest Inventories. B. Causes of Gender Differences in Test Scores ........... 1. Post-Secondary Admissions Tests .................. 2. Vocational Aptitude Tests and Interest Inventories. C. Validity of the Tests .......................
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...BUSINESS ETHICS BY SHAW TEST BANK A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=business-ethics-by-shaw-test-bank Visit Our website: http://hwsoloutions.com/ Product Description PRODUCT DESCRIPTION Business Ethics by Shaw Test Bank, Business Ethics by Shaw – Test Bank A+ Graded Chapter 1—The Nature of Morality MULTIPLE CHOICE 1. Which of the following characteristics distinguishes moral standards from other sorts of standards? a. moral standards are purely optional b. moral standards take priority over other standards, including self-interest c. moral standards cannot be justified by reasons d. moral standards must be set or validated by some authoritative body 2. Choose the statement that gives the most accurate description of etiquette: a. the rules of etiquette are a fundamental branch of morality b. conformity with the rules of etiquette is sufficient for moral conduct c. etiquette refers to a special code of social behavior or courtesy d. the rules of etiquette are backed by statutory law 3. Our relationship with the law is best described by which of the following? a. To a significant extent, law codifies a society’s customs, norms, and moral values. b. The law is a completely adequate guide to the moral standards that we should follow. c. The law makes all immoral conduct illegal. d. Violating the law is always immoral. 4. Which of the following is not one of the four basic kinds of law? a. statutes b. constitutional...
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...[Enter Document Title] Foundations of the U.S. Legal System Prof. William Ewald Contributors Wim De Vlieger Suvitcha Nativivat Alasdair Henderson Ana Carolina Kliemann Alexey Kruglyakov Rafael A. Rosillo Pasquale Siciliani Paul Lanois Gloria M. Gasso Kamel Ait El Hadj Yuanyuan Zheng Ana L. Marquez Pumthan Chaichantipyuth Wenzhen Dai Penn Law Summer 2006 I. Introduction and Historical Background A. What the course will cover? This is not an introductory course. You are all lawyers; I shall assume a good deal of professional expertise, and that many of you already have a body of knowledge about American law. The task: prepare you for the coming year, give you the basic grounding that you will need for the courses you are going to start taking in September. For this, you need two things: ♥ A great deal of basic factual information about how the courts and the legal system function, and about basic legal concepts (and legal vocabulary); ♥ But more importantly: background information about some of the critical ways in which the American legal system is unique, and differs from legal systems elsewhere in the world. This is hard: often you will find that your professors or fellow‐students will make assumptions or presuppose certain ways of doing things that aren’t explained in class. A large goal of this course is to explain those assumptions...
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...3 Sources of Moral Obligation by Josephson Institute on February 14, 2011 A duty is an obligation to act in a certain way. When the obligation is based on moral and ethical considerations, it is a moral duty. Often we think about moral duties in terms of rules that restrain us, the “don’ts,” as in don’t lie, cheat, or steal. Such rules comprise the so-called negative dimension of moral duty because they tell us what not to do. Since ethics is concerned with the way we ought to be, however, it also includes an affirmative dimension consisting of things we should do — keep promises, judge others fairly, treat people with respect, kindness and compassion. Sources of Moral Obligation Moral obligations can arise from three sources. The first, strangely enough, is law. 1. Law-Based Moral Obligations. Good citizens have a moral as well as a legal obligation to abide by laws; it is part of the assumed social contract of a civilized society. If a law is unjust, however, (such as those that mandated ethnic and religious persecution during the Nazi regime and those that discriminated against a person on the basis of race in South Africa and elsewhere) there may be a moral obligation to disobey it under the specific and demanding doctrine of civil disobedience. Many, but by no means all, of these moral standards of conduct are so fundamental to healthy social relations that they have been codified into laws. For example, most aspects of the moral duty to not endanger or harm others...
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