Case Scenario:
Affirmative Action
Describe 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.
Affirmative action enforces equality in the workplace as it relates to hiring, training-apprenticeships, promotion, compensation, transfer, layoff, termination and goals. Affirmative Action enforces equal employment opportunities for disadvantaged group or individuals who are discriminated against due to race, religion, creed, color, disability, national or ethnic origin, sex, age or marital status. Affirmative action programs are designed to improve the workplace environment and free it of discrimination. The Federal Employment Equity Act enforces employment equity. Legislation demands employers to account for their employees who belong to these four groups. Employers are required to establish all groups are represented equally, at all levels within their organizations. According to "Marquita Sykes in the article entitled The Origins of Affirmative Action (2008). The Thirteenth Amendment to the Constitution which made slavery illegal. President John F. Kennedy's 1961 Executive Order 10925, to enforce Affirmative Action." (Affirmative Action, 2008).
Affirmative Action as it applies to public, and private sectors employees, and how it interacts with Title V11 requirement of Equal Employment Opportunity, women, minorities, blacks and Hispanics are represented proportionately in employment, education, and business which has not been the case traditionally. A number of laws can pertain to just private employers, while others pertain to educational institutions, employment agencies and public sector employees. Laws do consider how many employees are working at a company, and how many employees are in each location. "An affirmative action plan consists of statistical analysis of the employer's under utilization of individuals from certain protected classes and includes the steps that will be taken to improve their representation in the employer's workforce" (PPS, 2008). Affirmative action plans may be voluntary or court ordered, and the intention of such plans is to give opportunities to a group that has been traditionally discriminated against. (Labor Relations, 2010)
What employers are subject to affirmative action plans and why?
Businesses are required to comply with Title VII Regulations. Most businesses are required to comply with Title VII, and are eligible to participate in affirmative action programs. "For example, as of 2005, federal laws such as Title VII and the Americans with Disabilities Act apply to private employers, employment agencies, educational institutions, and state and local governments with at least 15 employees. Other federal laws, like the Age Discrimination in Employment Act, apply to private employers with at least 20 employees" (Gross, 2008). Understandably, smaller companies may have a difficult time proving that they have not participated in discrimination practices because percentages can be skewed by the small sample size. Because of this, many federal laws regarding discrimination in hiring do not cover small businesses. Still, state legislation often has a set of rules that encompasses businesses of every size.