Affirmative Action Paper Milton Solorzano University of Phoenix EMPLOYMENT LAW MGT 434 Nera Berry 6/7/09 Affirmative

Action Today A call to do the right thing, to level the playing field, institute fairness and equal opportunity Affirmative Action, the answer? A topic of debates, and of interest, and to others, nothing more than reverse discrimination. The following will examine the elements of Affirmative action as it applies to public sector and private sector employers, and how it interacts with Title VII requirements of Equal Employment Opportunity. This paper will answer three 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? Affirmative Action? For Whom? The debates are many with regard to just how fair affirmative action is. On the surface the arguments appear valid and compelling. That an employer must, by law, put aside a perfectly qualified white male and give the job to an unqualified African-American male. Reverse discrimination, thats what this truly is, some say. And in some cases, it is true. Reverse discrimination is defined as Lawsuit or claim brought by majority member who feels adversely affected by the use of an affirmative action plan benefiting a minority on female (BennetAlexander & Hartman, 2007). Turn the table around for a moment, become the minority. Busting your butt through High School getting straight As and near perfect SATs while working long hours and saving the money you know youre going to need. You submit your application for admittance to an Ivory League University. You wait impatiently for the response which can open wide the doors of opportunity as a young, full of potential, black male. Please Lord, you pray as you wait for the mailman every afternoon. The mailman arrives, your hearts pumping out of your chest, you tear open the envelope, you begin to read, and as you do, your heart slows down as your eyes become watery the answer is No. You were denied because of the color of your skin and for no other reason. It is unfair, it is detrimental, it is simply wrong. Such actions existed, such actions exist, a counter action is needed, and that action is affirmative action. Elements of Affirmative Action Private and Public Sectors Though people tend to think of affirmative action as a part of Title VII, and, in fact, Title VII has an affirmative action component as part of its statutory remedies, affirmative action actually stems from a requirement imposed by Executive Order 11246 and its amendments (Bennet-Alexander & Hartman, 2007). It was president Lyndon B. Johnsons executive order 11246 that set affirmative action in motion. Affirmative action and Title VII requirements of

Equal Employment Opportunity exist for the same purpose and objective. Both interact in favor of fair labor opportunities for all. Discrimination in the workplace is illegal under Title VII and affirmative action forcefully encourages certain employers to play an active role in leveling the playing field. Now, affirmative action does not apply to all employers. For the most part it applies to those with 50 or more employees who have contracts with the federal government to provide the government with goods or services worth $50,000 or more (Bennet-Alexander & Hartman, 2007). However, many corporations are embracing the concept as a moral contract. For example In May 1995, Edwin L. Artzt, then chairman of the board and CEO of Proctor & Gamble, received the Private Sector Leadership Award from the Leadership Conference on Civil Rights. In accepting this prestigious award, he said, "Affirmative action has been a positive force in our company. What's more, we have always thought of affirmative action as a starting point. We have never limited our standards for providing opportunities to women and minorities to levels mandated by law.... Regardless of what government may do, we believe we have a moral contract with all of the women and minorities in our company--a moral contract to provide equal opportunity for employment, equal opportunity for advancement, and equal opportunity for financial reward" (American Council on Education, 2002). According to Bennett-Alexander and Hartman (2007), contractors working with the federal government must comply with the following in accordance to the executive order. Post in conspicuous places, available to employees and applicants, notices provided by the contracting officer setting forth the provisions of the nondiscrimination clause. Include in all the contractor's solicitations or advertisements for employees a statement that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, or national origin. Include a statement of these obligations in all subcontracts or purchase orders, unless exempted, which will be binding on each subcontractor or vendor. Furnish all information and reports required by the executive order and the implementing regulations, and permit access to the contractor's or subcontractor's books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with the executive order and its regulations. What If Employers Do Not Meet The Goals? There are consequences for employers that do not meet the goals of an affirmative action plan. The following are penalties outlined by Bennett-Alexander and Hartman (2007): Publishing the names of nonconforming contractors or labor unions. Recommending to the EEOC or the Department of Justice that proceedings be instituted under Title VII. Requesting that the Attorney General bring suit to enforce the executive order in cases of actual or threatened substantial violations of the contractual EEO clause. Recommending to the Department of Justice that criminal proceedings be initiated for furnishing false information to a contracting agency or the Secretary of Labor. Canceling, terminating, or suspending the contract, or any portion thereof, for failure of the contractor or subcontractor to comply with the nondiscrimination provisions of the contract. Debarring the noncomplying contractor from entering into further government contracts until the contractor has satisfied the secretary that it will abide by the provisions of the order. Conclusion In general, laws are enacted to prohibit actions from people that are found to cause harm in some way, shape, or form. Affirmative action is not one of these laws. Instead, affirmative action

takes a different approach. It is a proactive approach to make up for the wrongful actions of so many in the last 200 years. One cannot undo the past, but one can learn from it and take actions to prevent history from repeating itself. Regardless of what side of the table one may be, one thing is clear, the spirit of affirmative action is noble and its intent is fair. References Bennet-Alexander, Dawn D., & Hartman, Laura P. (2007). Employment Law for Business (5th ed.). New York: The McGraw-Hill Companies. American Council on Education. (2002). Affirmative Action Works - Business Sector. Retrieved June 7, 2009, from http://www.acenet.edu/bookstore/descriptions/making_the_case/works/business.cfm Bennet-Alexander, Dawn D., & Hartman, Laura P. (2007). Employment Law for Business (5th ed.). New York: The McGraw-Hill Companies.