Affirmative ActionPresented by: Sharon Waterson and Dawn Stanton

Statutory Basis Federal contracts or subcontracts worth $10,000 or more OR 50 or more employees and contracts worth $50,000 or

more OR are a construction contractor or subcontractor with a

federal or federally assisted contract valued at more than $10,000.

Contractor will not discriminate against any employee or applicantRaceColorReligionSexNational Origin

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Contractor will take Affirmative Action

Actions may include but are not limited to:EmploymentPromotionDemotionTransferRecruitmentLayoff or terminationRates of paySelection for training

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A federal AAP must include the required provisions for women, minorities, qualified individuals with disabilities, and covered veterans. As of September 2007, covered veterans include disabled veterans, recently separated veterans, other protected veterans as defined by law, and armed forces service medal veterans.

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History The actual phrase "affirmative action" was first used in

President John F. Kennedy's 1961. The first committee is established for Equal Employment Opportunity

Other equal protection laws passed to make discrimination illegal were the 1964 Civil Rights Act, Title II and VII of which forbid racial discrimination in "public accommodations" and race and sex discrimination in employment, respectively

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1965, Executive Order 11246 enforces Affirmative Action for the first time

In 1967, Johnson expanded the Executive Order to include affirmative action requirements to benefit women

1980 – Affirmative Action is hotly debated

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What is it?

Affirmative Action involves the employer taking steps to expand job opportunities in an effort to bring qualified women and minorities (or other underrepresented groups) in a work place from which it has been determined that they are excluded, in order to make the workplace more reflective of their availability in the workforce from which the employees are drawn.

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Specifications of the law

Promote equal opportunityIllegal to discriminateEngage in Affirmative Action

Wisconsin-does not have state-specific affirmative action requirements for private employers.State agencies are required to comply with affirmative action

requirements at WI adm. Code section 296.01

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Requirement of employers

Develop and implement a written Affirmative Action Plan Post in conspicuous places available to employees and

applicants for employment notices setting forth the provisions of the nondiscrimination clauses

Include statements in subcontracts or purchase orders Furnish requested information and open records for

purposes of investigation to ensure compliance

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Reporting

Develop and implement internal auditing systems Internal reporting on a scheduled basis to measure

effectiveness of plan Review report results with all levels of management Advise top management of the program’s effectiveness

and submit recommendations for improvement

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Successful Discrimination Claim

Organize workplace affinity groups Include diverse actors in advertising and commercials Hold workshops Institute formal procedures to handle complaints Closely monitor the progress to handle complaints Tie performance reviews of managers to their

measurable support for diversity inclusion Organize business networking groups Hold management diversity training Provide mentors for diverse employees

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Have a chief diversity officer who reports directly to the chief executive officer

Have various employees in diversity focus on single issues

Have diverse board of directors Take the direct approach Build diversity into everything the employer does Have scholarship and internship programs Make personal phone calls and follow up with diverse

applicationsReview workplace policies and practicesInclusion in affirmative action programs are race, sex,

ethnic origin, religion, disability, and age

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Investigation

Complaints can be made to the OFCCP

Judicial Affirmative Action- Affirmative action ordered by a court as a remedy for discrimination found by the court to have occurred

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Penalties

May include: Requiring changes in the affirmative action plan, company

procedures, or hiring and pay practices Canceling, terminating, or suspending a contract Debarring the contractor from future government contracts

Value and Benefits

Social, economic, and technological benefits Expanding cultural diversity at the work-place Increased emphasis on quality and team-work

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Scenario #1

Yes.  Section 706(g) of Title VII of the Civil Rights Act of 1964 allows for the court order affirmative action and equitable relief as they feel is appropriate.  (Bottom of page 208)

 

Scenario #2 Yes.  The employer should look at their organizational

profile to get a view of their workforce.  They would then need to conduct an availability analysis to research if there are qualified minorities and women in the geographic area that they would recruit from.  If the percentage of the workforce is less than the percentage availability of qualified minorities and women, the employer would need to determine a placement goal.  The employer is not required to hire under qualified employees regardless, but to have the affirmative action plan in place to provide the opportunities to all in a nondiscriminatory manner. (pages 228-229)

 

Scenario #3

The employees win. Plans should not displace nonminority employees or permit employees to hold positions that they are not qualified for.

Sources

Employment Law for Business, sixth edition http://www.now.org/nnt/08-95/affirmhs.html http://www.oeod.uci.edu/aa.html http://www.dol.gov/ofccp/regs/compliance/fs11246.htm http://www.employersassoc.com/HRCompliance/

AffirmativeActionPlans/tabid/197/Default.aspx https://www.prospera.com/Reference/

ViewContent.aspx?topickey+100004&doctype=1%pagekey=540702

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Questions?

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