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Affirmative Action Paper

Essay by   •  August 16, 2012  •  Essay  •  674 Words (3 Pages)  •  1,826 Views

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Affirmative Action is steps taken to level the equality of minorities and women. The areas of representation include education, employment, and businesses from which minorities and women were historically removed from. However, Affirmative Action has not gone without controversy. The premise of this paper will discuss and depict the employers subject to affirmative action plans, what the plan requires of employers and the end result if employers do not meet the goals of affirmative action. The conclusion of this paper will wrap up the details of the paper's central theme.

What Employer Subject to Affirmative Action Plans

Affirmative action's purpose was to influence the structure of private and public sector employers (Fullenwinder, 2009, para. 1). According to the American Bar Association (ABA), Title VII, and the American Disabilities Act does not require affirmative action plans for all organizations (ABA, 2004, para. 1). The ABA emphasizes that Execute Order 11246 does require federal contractors whom contracts exceed over 50, 000 to develop affirmative action plans (ABA, 2004, para. 1). Several states have adopted their own plan that mandates affirmative action plans if an organization possesses a contract as well.

Some statutes under Title VII of the Civil Rights Act may imply to some private employers who receive federal funding however, affirmative action plans are focused mainly on federal or public organizations such as universities and United States government positions. A affirmative action plan by defintion is an organization's goal-oriented management policy and procedures to eradicate the barriers that prevents equal employment opportunities for women, minorities, and qualified disabled individuals that does not relate to specific position requirements (MN Dept of Human Rights, 2011). For some cases, plans could be voluntary or ordered by a court of law.

Title VII Application

By law under the Civil Right Act of 1964, Title VII prohibits any form of discrimination in the working environment. For situations where discrepancies still exist, affirmative action programs help develop balances to the organizations with these imbalances. The controversy of the program points to the issue of where affirmative action programs encourage employers to "possibly" give some preference to minorities with equal qualifications until the discrepancy is balanced. The affirmative action program according to Title VII is only a temporary measure, not permanent and this is the confusion of controversy. However, employers should find mechanisms to equalize their diversity for employment. If employers are subject to Title VII of the written law, there are steps they should keep to provide proof of complying with statute of the Civil Rights Act of 1964.

Requirement of Employers

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