...these aspects while pondering the question “is affirmative action still needed in today’s society?” In this paper I will be explaining what affirmative action is.The history behind affirmative action like how it all unfolded, who made it, and the history as to why it is in effect now. I will also list some pros and cons of affirmative action, how the United States could better affirmative action for the future and finally a conclusion, which is my opinion on the topic. But what exactly is affirmative action? Born of the civil rights movement three decades ago, affirmative action calls for minorities and women to be given special consideration in employment and education acceptance decisions. Universities with affirmative action policies generally set goals to increase diversity. Affirmative action decisions are generally not supposed to be based on quotas, nor are they supposed to give any preference to unqualified candidates. And by no means is affirmative action supposed to harm anyone through "reverse discrimination." The purpose was to create equal opportunity for the people who had been unjustly treated in the past. It was set out to correct this wrong, and make it right. But at the same time too often is Affirmative action is looked upon...
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...workforce, as well as why even with federal, state, and local anti-discrimination laws that protect people against sexual harassment and discrimination on the basis of age, disability, race, sex, marital status, pregnancy, breastfeeding, family responsibilities, sexual preference, medical record, criminal record, trade union activity, political opinion, social origin, religion, and nationality or ethnic origin, workplace discrimination still occurs in today's society. This paper will also look into potential pros and cons of diversity management. Keywords: equal employment opportunity, affirmative action, discrimination, diversity In order to see why we still need Affirmative Action and Equal Employment Opportunity in our society today, I believe we need to look back at why we needed them in the first place. The term "affirmative action" was first introduced by President Kennedy in 1961 as a means to addressing discrimination that had persisted despite civil rights laws and constitutional guarantees (Brunner & Rowen, 2007). It was designed to be a temporary remedy to level the playing field for blacks and other minorities on education and jobs. The thought was affirmative action would end once a level playing field existed for all Americans. However, many white Americans did not believe this leveled the playing field but created "reverse discrimination" against them (Brunner & Rowen, 2007). Affirmative action in its...
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...Employment & Legal Issues: Former Employee’s Title VII of the Civil Rights Act of 1964 and Constructive Discharge Claim Western Governors University Internal Memorandum To: CEO, Toy Company From: Student Date: November 3, 2014 Subject: Former Employee’s Title VII of the Civil Rights Act of 1964 and Constructive Discharge Claim Constructive Discharge * A constructive discharge occurs when an employer "deliberately makes an employee's working conditions so intolerable that the employee is forced into an involuntary resignation." (Jenkins V. State of Louisiana Department Of Corrections, 874 F2d 992 (5th Circuit 1989, June 7) bullet point 12) * A constructive discharge generally happens when an employer creates a working environment/conditions that are so unbearable for a reasonable employee that would result for that reasonable employee to resign. * At the start of the year, the company implemented a new production schedule policy that required all production employees to work 4, 12 hour shift with the following 4 days off Sunday through Saturday. The policy was implemented to accommodate the company’s growth and production needs and it was not based on race, color, religions, sex, or national origin etc. A former employee has filed a constructive discharge claim against the Toy Company, claiming that he/she was decimated against based on religion by forcing he/she to work on their religion holy days. The working conditions have not been made unbearable...
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...JDT2 Task 1 Rhonda Bushkin Western Governors University | ABC Toy Company | Memo To: | The CEO | From: | Rhonda Bushkin - Manager, Elementary Division | cc: | Legal Department | Date: | September 28, 2014 | Re: | Employee X’s Constructive Discharge Claim | | | Background: It is Employee X’s claim that their religious rights were violated under the Civil Rights Act of 1964; specifically under Title VII that prohibits employment discrimination on basis of race, color, religion, sex, or national origin. Findings: A. How is constructive discharge as a legal concept relevant to the scenario? "Constructive discharge" occurs when an employer makes the conditions of work so intolerable that the employee "quits." (lawmemo.com, 2005) In other words, the employee feels that if they do not resign, they will be fired. Employee X is claiming their civil rights have been violated under Title VII of the Civil Rights Act of 1964, when the company implemented a new shift policy. The policy that took effect at the beginning of the year, requires all production employees to work four 12-hour shifts in a row and then take four days off. These days can occur any day of the week, Sunday through Saturday. Employee X is stating that this new policy is discriminatory because the policy requires employees to work on a religious holiday. In order for constructive discharge to be used in a court of law there must be a feeling by the employee that their termination...
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... Affirmative Action College Admissions 3 Affirmative action is the practice, usually by institutions, of giving preference to racial minorities or women when hiring employees, giving awards, or deciding whom to admit (So you Wanna, 2003). Affirmative action arose out of a desire to bring minority groups into institutions and professions that had traditionally been dominated by white males. It first appeared after the Civil Rights movement of the 1960s as an attempt to accompany the new legal equality gained for minorities with social and economic equality. This paper I will discuss the history, advantages and disadvantages of affirmative action in college admissions. After explaining these issues I will state and my belief on the issue of affirmative action in college admissions. In 1961, President Kennedy signed Executive Order No. 10925, putting the term “affirmative action” its first use in relation to civil rights (Cable News Network [CNN], 2003). In 1964 President Johnson signed into law the Civil Rights Act of 1964. Included in the Act is Title VI, which prohibits race discrimination in education Racial quotas for public colleges were declared unconstitutional by the Supreme Court in the case of Bakke v. California. Since then, public colleges seeking to increase diversity have used other types of...
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...Affirmative Action By Holly R. Allen 5.29.2010 HRM/240 “Affirmative action” means positive steps taken to increase the representation of women and minorities in areas of employment, education, and business from which they have been historically excluded. When those steps involve preferential selection—selection on the basis of race, gender, or ethnicity—affirmative action generates intense controversy. In 1972, affirmative action became an inflammatory public issue. True enough, the Civil Rights Act of 1964 already had made something called “affirmative action” a remedy federal courts could impose on violators of the Act. Likewise, after 1965 federal contractors had been subject to President Lyndon Johnson's Executive Order 11246, requiring them to take “affirmative action” to make sure they were not discriminating. Your company should hire people based on talent, experience, skill level for the job they are applying for. Your hiring shouldn’t be based on if the man or woman is black, white, mexican, asian or some other race or ethinicity. A person should be able to go apply for a job and not have to worry if they are being discriminated against. If they have all the training and experience to do the job correctly and you say, no we cant hire you at this time and you don’t give them a good answer of why they werent considered for the job, this can cause a load of problems and could even lead to lawsuits. If a minority...
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...3.) Describe the current distribution of power within the United States with regards to civil rights and race. What are the pros and cons of this distribution? Secondly, describe other social events from United States history that show a shift or change in the distribution of economic and/or political power during American history. Introduction Firstly, I will describe the current distribution of power in the United States. I will then weigh the pros and cons of the current distribution. After that, I will describe several events which shifted the power distribution. I will first describe events that disadvantaged black people. I will then talk about events that gave black people more power. Lastly, I will talk about events that shifted power to or away from other minorities besides black people. Current Distribution of Power The current distribution of power within the United States is that white people still have the most power and privilege, although the government has not been as blatantly racist as it has been in the past. The reason that white people have the most power is because in general, they have more money than minorities. In a capitalist society like the United States, whoever has the most money has the most power. White people have benefited...
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...Increased globalization, improved financial results and employee retention are all part of a growing business case for diversity. To me, one of the most persuasive case for diversity is winning the competition for talent. The United States is the most diverse country in the world and no wonder is so economically successful and world super power as compared to other developed nations. I believe this same principle applies to business organization. Take for instance, the U. S, boost of some of the world’s finest or talented physicians due the diverse Nature of its population. Another important case for business diversity is recruitment and retention. When it comes to the workforce, recruitment and retention are two major areas of focus right now. Companies are scrambling...
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...………………………………………………………………...4-6 Legal History of Affirmative Action ………………………………………………………….6-8 The People for Affirmative Action ……………………………………………………………8-9 The People against Affirmative Action ……………………………………………………...10 The Benefits of Affirmative Action ………………………………………………………….10-12 The Cons of Affirmative Action ……………………………………………………………..12-14 Conclusion (My Opinion) ……………………………………………………………………14-15 References ……………………………………………………………………………………16 Abstract Affirmative action has been the topic of some debate because people wonder if it has outlived its usefulness. It is a very controversial topic. This paper will address this issue, is affirmative action still needed in today’s world? This paper will tell what affirmative action is, the history, the legal history of it, the people for it, the people against it, the benefits of affirmative action, the cons of affirmative action, and finally how I feel about affirmative action What is Affirmative Action? Affirmative action is only applied to those who have 15 or more employees, or a government contract of fifty or more employees or a contract over $50,000. The following summary describes affirmative action: Born of the civil rights movement three decades ago, affirmative action calls for minorities and women to be given special consideration in employment, education and contracting decisions. Institutions with affirmative action policies generally set goals and timetables for increased diversity – and use...
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...Ethical Issue: Diversity in The Workplace Delores Andrea Ortiz Marylhurst University Introduction Diversity is defined by Webster dictionary as all characteristics and experiences that define each of us as individuals. A common misconception about diversity is that is only pertains to people. Diversity can include race, ethnicity, gender, age, religion, disability and sexual orientation. A diverse workplace aims to create an inclusive culture that values and uses the talents of all employees. History The face of the American workforce has changed dramatically over the past century. In 1964, the civil rights act made it illegal for organizations to engage in employment practices that discriminated against employees on...
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...Introduction Under the 6th Amendment of the Constitution the right to counsel is applied. The criminal defendants have a constitutional right to an attorney. If you cannot afford one, the government will provide you with a representative appointed by the court who is deemed necessary to handle your case. However, the 6th Amendment does not apply at the moment of arrest unless; the government has already filed former charges. The right to counsel is given at a critical stage of prosecution in which advice of counsel is necessary to ensure the dependence’s rights to a fair trial. This also always the ability for a plea bargaining to be issued if the prosecutor feels that their is overwhelming evidence and a court case should not be needed. Right to Counsel Background Powell v. Alabama (1932), also known as the Scottsboro case, involved several African American boys ranging from the ages of 13-17, whom were accused of raping two white women. The defendants were convicted and sentenced to death in a quick trial without an attorney. This took...
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...Human Resource Management Paper Intro To Business 10/15/12 Harris-Stowe State University Human resource management is the process of acquiring, training, appraising, and compensating employees, and of attending to their labor relations, health and safety, and fairness concerns (Dessler, 2011). Human Resource management is tied into the concept of the management process which includes planning, organizing, staffing, leading, and controlling. Planning is when goals are established, along with standards, developing rules, procedures, plans and forecasts. Organizing is when each subordinate is given a task, authority is delegated, and departments are established. Staffing is the process of when you determine what type of people you need to hire, developing them, and evaluating them. Leading may be the most important because it involves getting other to get the job done while maintaining morale and motivation. The last step is controlling which is when standards are set, performance is checked, and taking corrective actions implemented. This process is very similar to the steps that are involved in Human Resource Management. This process includes conducting job analyses, planning labor needs and recruiting job candidates, selecting job candidates, orienting and training new employees, managing wages and salaries, providing incentives and benefits, appraising performance, communicating, training and developing managers, and building employee...
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...Human Resources/Legal Environment MGMT 634 June 30, 2013 Abstract In every company, the ramifications of conducting unethical workplace standards according the “Equal Employment Opportunity” (EEO) whether there exist a human resource department (HR) or not, there exist a legal environment given people are interacting with one another within the workplace. The majority of companies in existence desire that everyone (employees and non-employees) will work together as a team, providing efficient and productive work ethics that will lead to future profit, lesser loss runs (accidents), and generate a safe workplace environment. Nonetheless, conflict develop between personalities, especially when inappropriate behaviors reminiscent of sexual harassment, gender, sex, and color discrimination develops and/or is present in the workplace. Human Resources personnel have a huge responsibility to address the legal issues as soon as they occur. HR should eliminate any type or forms of discrimination as they are damaging, demeaning and have led to many consequences such as legal lawsuits. Legal lawsuits surrounding an employers failure to provide an “Equal Employment Opportunity ” workplace environment has led to devastating financial losses for companies who refuse to adhere or address their pre-existing legal environment that exist in every company. Human Resources and the Legal Environment The Human Resource Department (HR) within the organization where I serve as...
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...Critique of ADA and Affirmative Action BSHS/422 Critique of ADA and Affirmative Action Paper Discrimination in the workplace has been an issue for as long as I can remember. Although the Civil Rights Act of 1964 forbids employers from discriminating against individuals because of their race, sex, age, and/or disability, many employers still exhibited this type of behavior during the hiring process. President Lyndon B. Johnson enacted an executive order that required government employers to not use hiring practices that exhibited discrimination in 1965. The American Disabilities Act (ADA) was put into place years later to protect those with disabilities. All of these were efforts to promote equality in the workplace, among other places; although the laws may protect certain individuals from discrimination, others may be discriminated against as a result. The paper’s intent is to provide insight regarding my feelings towards the American Disabilities Act (ADA) and Affirmative Action. What is sometimes meant for good can also result in something bad. American Disabilities Act (ADA) President George H.W. Bush signed the American Disabilities Act (also referred to as ADA) in 1990. The ADA intended purpose was to protect those with disabilities from discrimination in transportation, employment, communication, and different cultural opportunities. Under this law, employers are forbid to discriminate in many different areas such as hiring, lay-offs, and job assignments because...
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...Affirmative Action Author’s note This research is being submitted on November 5th, 2013, for Jean Juchnowiccz’s 5000 Human Resources Management Course. Affirmative Action in the Workplace When you think of affirmative action in the workplace do you think of equal rights for all, or just equal rights for minorities. Affirmative action is the extent to which employers make an effort through their personal practices to attract retain, and upgrade members of the protected classes of the 1964 Civil Rights Act, (Bernardin & Russell 2013). In easier terms affirmative action is known to be the equal opportunity measures that Federal contractors and subcontractors are legally required to adopt to prevent discrimination against employees or applicants on the basis of color, religion, sex or national origin (Wikipedia 2013). Below I’ll introduce some ideas of how affirmative action is used in the workplace, through affirmative action plans, promotion within the workplace, and affirmative action with private companies. Affirmative action began in the United States as a tool to address the persistent discrimination against African Americans in 1960 (Wikipedia 2013). During that time most Americans who were not considered in the highest social class, males, and from European decent, where passed over for employment opportunities and advancements in the work place. When President John F. Kennedy mandated affirmative action into the workplace for the Federal Government and sub-contractors...
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