Affirmative Action: the Sensitive and Controversial Essay

Affirmative action has been a sensitive and controversial topic in the workplace since its existence. People on both sides of this controversial topic have been at each other’s throats for years and it does not seem to be going away anytime soon. A plan created to ease the hiring process of a group of people has in fact created more division in this country more than any other topic. What is affirmative action after all? It is a policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities. (Wordnetweb.com, 2010) In this paper, the writer will describe the elements of affirmative action as it applies to public and private sector employers and how it interacts with Title VII requirements of Employment Opportunity. The paper will also determine what employers are subject to affirmative action plans and why, what do the plans require employers to do and what happens if employers do not mee t the goals of the affirmative action plan. This country has been dealing with the issue of discrimination for a long time. Affirmative action was created in order to reduce discrimination in the workplace and in school. As it applies to the public sector, affirmative action prevents businesses with fifteen or more employees from discriminating on the basis of race, color, sex, religion, national origin and physical capability in practices relating to hiring, compensating, promoting, training and firing employees. (uslegal.com, 2010) It also it allows the state and federal governments to favor women-owned and minority-owned businesses when awarding contracts, and to reject bids from businesses that do not make good faith efforts to include minority-owned businesses among their subcontractors. (uslegal.com, 2010) When it comes to federal contractors and subcontractors, affirmative action must be taken by covered employers to recruit and advance qualified minorities, women, persons with disabilities, and covered veterans. (uslegal.com) this proves that affirmative action affect both private and public emplo yers. The difference between Title VII and affirmative action is simple. As defined by authors Dawn D. Bennett-Alexander and Laura P Hartman, â€Å"affirmative action is the intentional inclusion of women and minorities in the workplace based on finding of their previous exclusion.†(Bennett-Alexander and Hartman, 2007); Whereas Title VII under the Civil Right Act of 1964 simply banned discrimination in employment. In other words, affirmative action requires employers both public and private to hire minorities and women in their establishments or face some consequences but under Title VII of the Civil Rights Act of 1964, it would be considered a crime to discriminate against a certain group based on race, color, religion and so on. â€Å"Title VII prohibits discrimination in employment but it does not impose affirmative duties on the employer. However, as a part of a remedies provided under Title VII, courts may order affirmative action. (Bennett-Alexander and Hartman, 2007) Based on the research conducted, it does not seem that affirmation action was part of the Civil Rights Act of 1964 Not every employer is subject to affirmative action. For example, a private company like Wal-Mart does not have to comply with affirmative action regulations. However this does not mean that they will not be fined for blatantly discriminating against any one person. Affirmative action plans only apply to pubic employers and contracts. According to Dawn D. Bennett-Alexander and Laura P Hartman, â€Å"employers who contract with the federal government to provide goods and services of $10,000 or more must agree must agree to comply with the executive order.† (Bennett-Alexander and Hartman, 2007). Affirmative action plan is defined as a government contractor’s plan containing placement goals for inclusion for women and minorities in the workplace and timetables for accomplishing the goals. (Bennett-Alexander and Hartman, 2007) In other words, the employer set some goals for hiring women and minorities and these goals must be met in a timely manner. In addition, the plan requires employer post in conspicuous places, available to employees and applicants, notices provided by the contracting officer setting forth the provisions of the nondiscrimination clause, include all the contractors’ 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. (Bennett-Alexander and Hartman, 2007) The plan also requires employers to include a statement of these obligations in all subcontracts or purchase orders. (Bennett-Alexander and Hartman, 2007) Although the requirements under the affirmative action plan seems very strict, it is clear and the government does require full and detail explanation on how the plan is being implemented. As with everything else that the government is involved in, there are many consequences an employer can suffer if the plan is not followed properly. If an employer does not meet its target goals, in other words, is not in compliance with the action plan, there are several penalties which the federal government apply. According to Bennett-Alexander and Hartman, these penalties include 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, cancelling, terminating, or suspending the contract or any portion thereof, for failure of the contractor or subcontractor to comply with the discrimination provisions of the contract. In addition, the government may debar the noncom plying contractor from entering into further contracts until the contractor has satisfied the secretary that it will abide by the provisions of the order. (Bennett-Alexander and Hartman, 2007 The question which remain debatable even in today’s society, is is affirmation action necessary? There is no real answer for this question because affirmative action has been such a divisive subjects that no one will really agree on it. There will always be those who are against it and think that it is reverse discrimination against white males and there will always be those who support it because they feel it has not done fully what it was meant to do. Either way, as controversial as it is, affirmative action will not go away any time soon until something else comes along. References Affirmative Action. 2010 Retrieved on June 27, 2010 from http://www.wordnetweb.princeton.edu Affirmative Action Law and Legal Definition. 2010 Retrieved on June 28, 2010 from http://www.uslegal.com Alexande-Bennett D. D. and Hartman P. L 2007 5th ed. The Mcgraw Hills company