What were affirmative action programs originally designed to encourage

Video What were affirmative action programs originally designed to encourage

WHAT IS AFFIRMATIVE ACTION?

Read more: What is a group of chickens calledRead more: What zodiac sign is october 28thIn its Last Report back to President Eisenhower, the President’s Committee on Authorities Contracts, headed by Vice President Richard Nixon, concluded:Reading: What were affirmative action programs originally designed to encourageOvert discrimination, within the sense that an employer really refuses to rent solely due to race, faith, shade, or nationwide origin shouldn’t be as prevalent as is mostly believed. To a better diploma, the indifference of employers to establishing a constructive coverage of nondiscrimination hinders certified candidates and workers from being employed and promoted on the premise of equality.President Kennedy integrated the idea of “affirmative action” into Govt Order 10925, which he issued in 1961. Govt Order 10925 imposed on all lined contractors a normal obligation requiring constructive steps designed to beat obstacles to equal employment alternative.In 1965, President Lyndon Baines Johnson signed Govt Order 11246, which gave the Secretary of Labor duty for administration and enforcement of the Order mandating that contractors not discriminate towards any workers or certified candidates due to race, shade, faith, intercourse or nationwide origin. Contractors have been to take affirmative motion to make sure nondiscrimination in employment, upgrading, demotion or switch, recruitment or recruitment promoting, layoff or termination, charges of pay or different types of compensation, and choice for coaching, together with apprenticeship.Read more: What is a group of chickens calledRead more: What zodiac sign is october 28thEarlier than signing the order in September 1965, President Johnson uttered the phrases that proceed to resonate at this time throughout his speech at Howard College’s Graduation, June 4, 1965: Freedom shouldn’t be sufficient. … You don’t take an individual who, for years, has been hobbled by chains and liberate him, carry him as much as the beginning line of a race after which say, “You are free to compete with all the others,” and nonetheless justly imagine that you’ve got been utterly truthful.The hunt for equality without any consideration and consequently has taken greater than 50 years. It has confronted a lot success, as evidenced within the marked will increase of ladies and individuals of shade in non-public business, in authorities, and within the Academy. It has additionally confronted appreciable challenges, rhetorical and authorized, waxing in sure presidential administrations, waning in others.Affirmative motion itself has been outlined as “any measure, beyond simple termination of a discriminatory practice, adopted to correct or compensate for past or present discrimination or to prevent discrimination from recurring in the future.” (U.S. Fee on Civil Rights, Assertion on Affirmative Motion, October 1977.) Affirmative motion has various definitions relying upon the sector during which it’s discovered, e.g., training, authorities contracting and employment. Govt Order 11246 and its rules seek advice from a course of that requires a authorities contractor to look at and consider the full scope of its personnel practices for the aim of figuring out and correcting any obstacles to equal employment alternative. The place issues are recognized, the contractor is required to develop a program that’s exactly tailor-made to right the deficiencies. The place applicable, the contractor is required to determine affordable targets to measure success towards reaching that outcome. The affirmative motion program integrated within the rules has its origins within the non-public sector, the place contractor “Plans for Progress” have been reportedly designed to take constructive motion and forestall discrimination lawsuits.Affirmative motion applications embody greater than outreach and recruitment, nevertheless, and embrace efforts to stop discrimination by eliminating obstacles to equal employment alternative. The inverse relationship between affirmative motion and discrimination is mirrored within the Govt Order itself, which begins with a prohibition towards discrimination. In essence, affirmative motion creates an setting the place equal employment alternative can prevail. Affirmative motion, particularly as it’s mandated in employment discrimination litigation, can be compensatory and serves to treatment the results of previous discrimination.Affirmative motion subsequently means taking constructive steps to finish discrimination, to stop its recurrence, and to create new alternatives that have been beforehand denied minorities and girls.Affirmative motion has been criticized as constituting reverse discrimination, preferential remedy, stigmatizing to beneficiaries and contravening ideas of benefit. Spearheaded by these organizations voters within the states of California, Washington, Michigan, Nebraska and Arizona have handed initiatives to ban affirmative motion.What Affirmative Motion Isn’t:Quotas Preferential Remedy Assured Outcomes Presidents Johnson and Kennedy meet with enterprise leaders

Q’s & A’s ON AFFIRMATIVE ACTION

WHAT ARE THE PRIMARY COMPONENTS OF A WRITTEN AFFIRMATIVE ACTION PROGRAM? Downside identification, Self-Evaluation and Motion-Oriented Packages. Below Govt Order 11246, contractors ($50K in contracts/50 workers) are required to determine obstacles to equal employment alternative and get rid of them by means of action-oriented applications. The place there are fewer girls or minorities than could be moderately anticipated, the employer has to determine targets. ARE GOALS INTENDED TO ACHIEVE PROPORTIONAL REPRESENTATION OR EQUAL RESULTS? Under no circumstances. Numerical targets don’t create ensures for particular teams or preferences, nor are they designed to attain proportional illustration or equal outcomes. DOES AFFIRMATIVE ACTION UNDER EXECUTIVE ORDER 11246 REQUIRE EMPLOYERS TO HIRE OR PROMOTE WOMEN OR MINORITIES ON THE BASIS OF RACE OR SEX? Completely not. No requirement exists that any particular place be crammed by an individual of a selected race, gender or ethnicity. By casting a wider internet and recruiting a various pool of certified people, an affirmative motion employer eliminates preferences and ranges the taking part in subject for all. The essence of affirmative motion is alternative. DOES AFFIRMATIVE ACTION UNDER EXECUTIVE ORDER 11246 CONFLICT WITH THE PRINCIPLES OF MERIT? No. In searching for to attain its targets, an employer isn’t required to rent an individual who doesn’t have the {qualifications} wanted to carry out the job efficiently. Affirmative motion prevents discrimination; it doesn’t trigger it. SHOULD GOALS BE TREATED AS A CEILING OR A FLOOR? Neither. The Govt Order doesn’t require that contractors deal with targets as both a ceiling or a ground for the employment of explicit teams. WHAT IS THE STANDARD FOR COMPLIANCE UNDER THE EXECUTIVE ORDER? The usual is and has at all times been “good faith effort.” ISN’T AFFIRMATIVE ACTION ONLY A RACE ISSUE? No. Affirmative Motion Packages profit girls, individuals with disabilities and veterans as properly.

BACKGROUND

President Johnson’s speech eloquently articulated the rationale behind the modern use of affirmative motion applications to attain equal alternative, particularly within the fields of employment and better training.The emphasis is on alternative: affirmative motion applications are supposed to break down obstacles, each seen and invisible, to degree the taking part in subject, and to ensure everyone seems to be given an equal break. They aren’t meant to ensure equal outcomes – however as a substitute proceed on the commonsense notion that if equality of alternative have been a actuality, African Individuals, girls, individuals with disabilities and different teams dealing with discrimination could be pretty represented within the nation’s work pressure and academic establishments.The controversy over affirmative motion demarcates a philosophical divide, separating these with sharply totally different views of the “American dilemma” – how the nation ought to deal with African Individuals, different individuals of shade and girls. This division facilities on a lot of questions: to what extent discrimination and bias persist, particularly in a systemic manner; to what diploma affirmative motion applications have been efficient in offering in any other case unavailable alternatives in training, employment, and enterprise; and to what extent affirmative motion applications seem to unduly profit African Individuals and different individuals of shade on the expense of the white majority.The persevering with want for affirmative motion is demonstrated by the information. For instance, the Nationwide Asian and Pacific American Authorized Consortium reported that though white males make up solely 48% of the college-educated workforce, they maintain over 90% of the highest jobs within the information media, 96% of CEO positions, 86% of legislation agency partnerships, and 85% of tenured faculty school positions. In Fiscal 12 months 2014 there have been 88,778 expenses of discrimination filed with the Equal Employment Alternative Fee: race expenses have been 35.0% of the full filed; intercourse, 29.3%; nationwide origin, 10.8%; faith, 4.0%; shade, 3.1%; retaliation, all statutes, 42.8%; age, 23.2%; and incapacity, 28.6%.In response to Variety in Greater topqa.data: Minority illustration in school, directors, and governing boards don’t match minority illustration within the pupil physique:• Pupil inhabitants: 35% minority • Establishment presidents: 14% minority • Govt and administrative employees: 19% minority • Full-time school: 22% minority • Half-time school: 25% minority • Governing board of public establishments: 22% minority • Governing board of impartial establishments: 12% minorityAffirmative motion shouldn’t be, as some cost, a uniquely trendy idea usual by modern liberals in defiance of historical past or custom. Though the strategies that we now name “affirmative action” are of pretty latest design, the conceptual recognition of the necessity to take affirmative, or constructive authorized motion to redress discrimination’s impression, fairly than merely ending discrimination, has been round because the Civil Battle.Throughout Reconstruction (the interval instantly after the Civil Battle), the Structure was amended and different federal initiatives, such because the creation of the Freedman’s Bureau, have been undertaken to determine equal alternative for the previous slaves. These initiatives have been at the least modestly profitable, bringing about African-American participation in elections for the primary time.Sporadic efforts to treatment the outcomes of a whole bunch of years of slavery, segregation and denial of alternative have been made because the finish of the Civil Battle. A major variety of African Individuals held public workplace, together with two U.S. senators and 20 members of the Home, between 1870 and 1900. However when the federal authorities withdrew its help for Reconstruction within the late 1800s, the positive factors made by African Individuals have been shortly stripped away and changed by a patchwork system of authorized segregation (together with, in some cases, authorized segregation of Latinos, Asians, and Native Individuals as properly). By 1896, in Plessy v. Ferguson, the Supreme Courtroom upheld the cornerstone segregationist doctrine of “separate but equal” – i.e., ruling that the Structure permitted governments to require separation of the races in faculties, public transportation, and elsewhere, as long as the alternatives supplied the separate races have been characterised as equal.Within the trendy period, the idea of affirmative motion was reborn on June 25, 1941, when President Franklin Roosevelt – searching for to avert a march on Washington organized by civil rights pioneer A. Philip Randolph – issued Govt Order 8802 requiring protection contractors to pledge nondiscrimination in employment in government-funded tasks. Two years later, President Roosevelt prolonged protection of the chief order to all federal contractors and subcontractors. In a 1947 report, the President’s Committee on Honest Employment Practices discovered that, whereas African Individuals comprised solely three % of the employees in protection industries in 1942, their quantity had elevated to eight % in 1945. However it additionally discovered “the wartime gains of Negro, Mexican-American and Jewish workers . . . began to disappear as soon as wartime controls were relaxed.”Successive presidents, below strain from the African American neighborhood and civil rights advocates, continued the hassle to extend minority employment alternatives and finish job discrimination. It was not till President Kennedy issued Govt Order No. 10925, requiring not solely that federal contractors pledge non-discrimination however that they “take affirmative action to ensure” equal alternative, that the in the end controversial phrase got here into fashionable discourse.Kennedy’s order additionally included penalties – together with suspension of a contract – for non-compliance. This was succeeded by one other government order (Govt Order 11246) issued by President Lyndon Johnson, together with the creation of the Workplace of Federal Contract Compliance within the Division of Labor to implement its non-discrimination and affirmative motion necessities. The Govt Order was amended in 1967 to incorporate prohibitions on intercourse discrimination by federal contractors, together with a requirement that they have interaction in good religion efforts to increase job alternatives for ladies. Govt Order 11246 stays among the many simplest and far-reaching federal applications for increasing equal alternative.Implementation of affirmative motion began slowly, with the development business the location of one of many first exams. In 1965, the Workplace of Federal Contract Compliance created government-wide applications to redress the years of discrimination within the development business. The collection of affirmative motion applications was designed to spice up minority employment by emphasizing hiring leads to federally funded development jobs. In 1973 the Rehabilitation Act required federal companies and contractors to take affirmative motion in employment and promotion for individuals with disabilities. The Vietnam Period Veterans Readjustment Help Act of 1974 referred to as for “the preferential employment of disabled veterans and veterans of the Vietnam era … who are otherwise qualified.” These modifications underscored the usage of affirmative motion as a balancing of aggressive pursuits. Affirmative motion was understood to be the creation of alternatives to compete and never an assurance of success.The assorted applications culminated within the “Philadelphia Plan,” carried out below President Nixon. This plan required contractors doing enterprise with the federal authorities to commit themselves to self-determined numerical targets for minorities. By withstanding challenges each in Congress and the courts, the Philadelphia Plan helped set up affirmative motion as a lifestyle for American employers. Certainly, employers usually embraced affirmative motion as a great enterprise observe, enabling them to faucet into bigger, extra various, and extra certified swimming pools of expertise.A key instance of enterprise help for affirmative motion got here early in Ronald Reagan’s second time period and from what could be thought-about a impossible supply – the conservative Nationwide Affiliation of Producers (NAM), which represented 13,500 firms. At subject was a cut up within the administration over proposals by President Reagan’s most conservative appointees, together with Legal professional Basic Edwin Meese, to revise and weaken Govt Order 11246 by eliminating the usage of affirmative motion targets and timetables for minorities and girls within the work pressure.Read more: What is your ts22 virtual goalNAM, a lot to the shock of the administration’s conservatives, weighed in on behalf of retaining the chief order intact. In a letter to President Reagan, the enterprise group mentioned it “believes the current executive order provides the framework for an affirmative action policy” and argued that “the business community is concerned that the elimination of goals and timetables could result in confusing compliance standards on federal, state and municipal levels and a proliferation of reverse discrimination suits.”President Johnson meets with girls’s teams

SUCCESSIVE EXECUTIVE ORDERS ON CIVIL RIGHTS

E.O. 8802: President Franklin Roosevelt points Govt Order 8802, which bans racial discrimination in any protection business receiving federal contracts and established the Honest Employment Practices Committee to research such complaints. EO 9346: In 1943, President Roosevelt broadened the protection of Govt Order 8802 by making it relevant to all authorities contractors. EO 10308: Almost a decade later, on December 3, 1951, President Harry S. Truman’s Govt Order 10308 superior the achievements initiated throughout WWII by creating the Committee on Authorities Contract Compliance. The committee, as its identify implies, was tasked with overseeing compliance by federal contractors with the non-discrimination provisions of Govt Order 8802. EO 10479: President Dwight D. Eisenhower took an additional step on August 13, 1953, by creating the President’s Committee on Authorities Contracts below Govt Order 10479. This reorganization furthered the precept that “…it is the obligation of the contracting agencies of the United States Government and government contractors to insure compliance with, and successful execution of, the equal employment opportunity program of the United States Government.” This Govt Order made the pinnacle of every contracting company of the federal authorities liable for acquiring compliance by their contractors and subcontractors with the nondiscrimination provisions of the contracts into which they entered. Coordination could be offered by the President’s Committee on Authorities Contracts, housed within the Division of Labor, and comprised of representatives of main contracting companies, the Labor and Justice Departments, and the Basic Companies Administration in addition to eight Presidential appointees. The President designated the Committee’s chair and vice chair. President Kennedy meets with civil rights leaders.Govt Order 10925: By the point John F. Kennedy was elected President, it was evident that to advance equal employment alternative federal involvement wanted to be broader and extra proactive. On March 6, 1961, shortly after JFK took workplace, he signed Govt Order 10925, opening a brand new chapter in reaching entry to good jobs by requiring authorities contractors to “take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color or national origin.” Govt Order 10925 gave federal contracting companies authority to institute procedures towards federal contractors who violated their EEO obligations-including contract cancellation, debarment from future contracts and different sanctions. It additionally created the President’s Committee on Equal Employment Alternative, which upon passage of the Civil Rights Act in 1964 turned the Equal Employment Alternative Committee. The President’s Committee was chaired by Vice President Lyndon Johnson and later by Vice President Hubert Humphrey. The Committee’s vice chair was Secretary of Labor Willard Wirtz. Govt Order 11246: President Johnson’s imaginative and prescient of making a “Great Society” led to a number of endeavors that sought to vary the political, social and financial panorama of the U.S. In his 1965 graduation deal with to graduates of Howard College, LBJ gave voice to his imaginative and prescient, declaring, “We seek not just freedom but opportunity. We seek not just legal equity but human ability, not just equality as a right and a theory but equality as a fact and equality as a result. “ On September 24, 1965, President Johnson signed Executive Order 11246, making the Secretary of Labor responsible for administering the order’s non-discrimination and affirmative action provisions. Soon thereafter, Secretary of Labor Wirtz established the Office of Federal Contract Compliance. Edward C. Sylvester, Jr. was appointed as the agency’s first director. Today, Executive Order 11246, as amended and further strengthened over the years, remains a major safeguard, protecting the rights of workers employed by federal contractors-approximately one-fifth of the entire U.S. labor force-to remain free from discrimination on the basis of their gender, race, religion, color or national origin…and opening the doors of opportunity through its affirmative action provisions.President Kennedy addresses organizations.In 1967, President Johnson added “sex” to the list of prohibited bases. In 1969, the Nixon administration picked up a plan that the Johnson administration had put forth for the construction industry in the city of Philadelphia, referred to as the Philadelphia Plan. The Johnson administration plan was faulted for not having definite minimum standards for the required affirmative action programs. The Nixon plan did issue minimum standards—specific targets for minority employees in several trades. It did not require these minimum standards be met, simply that contractors submitting bids make a “good faith” effort to achieve these targets. This allowed the administration to argue it was not setting quotas, though critics of the plan suggested the administration was in fact doing so.Read more: What is a group of chickens calledRead more: What zodiac sign is october 28thAssistant Labor Secretary Arthur FletcherThe Philadelphia Plan, developed by Assistant Labor Secretary Arthur Fletcher during the Nixon Administration, survived several challenges, both legal and Congressional, before being accepted as legitimate. The Plan set the tone for affirmative action plans that followed. Soon, the standards put forth in the Philadelphia Plan were incorporated into Executive Order 11246 which affected all federal government contractors, who were required for the first time to put forth written affirmative action plans with numerical targets.After the implementation of the Philadelphia Plan, legislation was passed at the federal, state, and municipal levels implementing affirmative action plans using the Philadelphia Plan as a model. Today, almost all government affirmative action plans are offshoots of the Philadelphia Plan. Its mixture of numerical targets and requirements of “good faith” effort was a milestone in the history of affirmative action. – See more at: topqa.info/affirmative-action/history-of-affirmative-action/#sthash.cdKmonbX.dpuf

TERMS IN THE DEBATE

An often-used – and misused – term in the lexicon of affirmative action is “quotas.” President George Bush, for example, in vetoing the Civil Rights Bill of 1991, labeled it “a quota invoice,” and opponents of affirmative action use the word as a general pejorative to taint all race-conscious remedies for discrimination and efforts to prevent discrimination to promote equal opportunity. The courts, however, have provided a more accurate and precise definition: an absolute requirement that an employer hire a certain number of or percentage of employees from a specified group, without regard to the availability of qualified candidates or the presence of more qualified members of other groups. Such quotas are legally impermissible and are not a component of lawful affirmative action programs.What affirmative action does sometimes involve is the establishment of a numerically expressed hiring goal, often in connection with a timetable. Indeed, as mentioned above, the Executive Order 11246 program covering federal contractors relies on the use of goals. Having established a goal, which is tied to the availability of qualified minority and women workers in the labor market, the employer pledges a “good religion” effort to achieve the goal. Failure to achieve the goal, however, does not, in and of itself, subject the employer to sanctions unless the affirmative action has been judicially ordered as a remedy to illegal discrimination. “Objectives,” the Citizens’ Commission on Civil Rights has observed, “function one measure of nondiscrimination and of the effectiveness of affirmation motion efforts, not as a mandate for minority or feminine employment.” – See more at: topqa.info/affirmative-action/history-of-affirmative-action/#sthash.cdKmonbX.dpufThe word “preferences” is also used to unfairly characterize affirmative action as a form of quotas. Ironically, affirmative action is used to eliminate the effects of preferences enjoyed by some for more than three centuries.The state initiatives propounded by right-leaning organizations including the American Civil Rights Institute, led by California businessman Ward Connerly and formed as “a national civil rights organization created to educate the public on the harms of racial and gender preferences,” have peppered their ballot initiatives with the word “preferences.” Proposition 209, enacted in 1996 by a ballot initiative in California is titled:PROHIBITION AGAINST DISCRIMINATION OR PREFERENTIAL TREATMENT BY STATE AND OTHER PUBLIC ENTITIES. INITIATIVE CONSTITUTIONAL AMENDMENT.In a news release of the Leadership Conference on Civil Rights regarding the language used by the proponents of the Michigan Civil Rights Initiative in 2006, executive director Wade Henderson stated: “We oppose this misleading initiative. We’re disenchanted that Connerly’s phrase video games are mirrored within the poll language, nevertheless, we’re assured that Michigan voters, upon studying the intent of MCRI, will come out in droves to oppose the initiative.” topqa.info/press/2006/michigan-board-of-state-canvassers-approves-language-for-anti-affirmative-action-ballot-initiative.htmlIn 2000 the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) amended its regulations to make clear that affirmative action goals were not quotas or any form of preferential treatment:§60-2.16 Placement goals.(a) Purpose: Placement goals serve as objectives or targets reasonably attainable by means of applying every good faith effort to make all aspects of the entire affirmative action program work. Placement goals also are used to measure progress toward achieving equal employment opportunity. (b) A contractor’s determination under §60-2.15 that a placement goal is required constitutes neither a finding nor an admission of discrimination. (c) Where, pursuant to §60-2.15, a contractor is required to establish a placement goal for a particular job group, the contractor must establish a percentage annual placement goal at least equal to the availability figure derived for women or minorities, as appropriate, for that job group. (d) The placement goal-setting process described above contemplates that contractors will, where required, establish a single goal for all minorities. In the event of a substantial disparity in the utilization of a particular minority group or in the utilization of men or women of a particular minority group, a contractor may be required to establish separate goals for those groups. (e) In establishing placement goals, the following principles also apply: (1) Placement goals may not be rigid and inflexible quotas, which must be met, nor are they to be considered as either a ceiling or a floor for the employment of particular groups. Quotas are expressly forbidden. (2) In all employment decisions, the contractor must make selections in a nondiscriminatory manner. Placement goals do not provide the contractor with a justification to extend a preference to any individual, select an individual, or adversely affect an individual’s employment status, on the basis of that person’s race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) Placement goals do not create set-asides for specific groups, nor are they intended to achieve proportional representation or equal results. (4) Placement goals may not be used to supersede merit selection principles. Affirmative action programs prescribed by the regulations in this part do not require a contractor to hire a person who lacks qualifications to perform the job successfully, or hire a less qualified person in preference to a more qualified one.Read more: What is a group of chickens calledRead more: What zodiac sign is october 28th

THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS: U.S. DEPARTMENT OF LABOR

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) enforces the Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended and the affirmative action provisions (Section 4212) of the Vietnam Era Veterans’ Readjustment Assistance Act, as amended. Taken together, these laws ban discrimination and require Federal contractors and subcontractors to take affirmative action to ensure that all individuals have an equal opportunity for employment, without regard to race, color, religion, sex, national origin, disability or status as a Vietnam era or special disabled veteran. OFCCP’s jurisdiction covers approximately 26 million or nearly 22% of the total civilian workforce (92,500 non-construction establishments and 100,000 construction establishments). The Federal Government awarded more than $400 billion tax-payer dollars in prime contracts in Fiscal Year 2015.OFCCP requires a contractor, as a condition of having a federal contract, to engage in a self-analysis for the purpose of discovering any barriers to equal employment opportunity. No other Government agency conducts comparable systemic reviews of employers’ employment practices to ferret out discrimination. OFCCP also investigates complaints of discrimination. In Fiscal Year 2013, OFCCP conducted approximately 4000 supply and service and construction contractor compliance evaluations. Moreover, OFCCP programs prevent discrimination. Further information about the OFCCP programs may be obtained from the agency’s website at topqa.info/ofccp.

OPERATION OF THE EXECUTIVE ORDER PROGRAM – THE EEO CLAUSE

Each contracting agency in the Executive Branch of government must include the equal opportunity clause in each of its nonexempt government contracts. The equal opportunity clause requires that the contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. American Indian or Alaskan Native, Asian or Pacific Islander, Black, and Hispanic individuals are considered minorities for purposes of the Executive Order. This clause makes equal employment opportunity and affirmative action integral elements of a contractor’s agreement with the government. Failure to comply with the non-discrimination or affirmative action provisions is a violation of the contract.A contractor in violation of E.O. 11246 may have its contracts canceled, terminated, or suspended in whole or in part, and the contractor may be debarred, i.e., declared ineligible for future government contracts. However, a contractor cannot be debarred without being afforded the opportunity for a full evidentiary hearing. Debarments may be for an indefinite term or for a fixed term. When an indefinite term debarment is imposed, the contractor may be reinstated as soon as it has demonstrated that the violations have been remedied. A fixed-term debarment establishes a trial period during which a contractor can demonstrate its commitment and ability to establish personnel practices that are in compliance with the Executive Order.If a matter is not resolved through conciliation, OFCCP may refer the matter to the Office of the Solicitor of Labor, which is authorized to institute administrative enforcement proceedings. After a full evidentiary hearing, a Department of Labor Administrative Law Judge issues recommended findings of fact, conclusions of law, and a recommended order. On the basis of the entire record, the Secretary of Labor issues a final Administrative Order. Cases also may be referred to the Department of Justice for judicial enforcement of E.O. 11246, primarily when use of the sanctions authorized by the Order is impracticable, such as a case involving a sole source supplier.The regulations implementing the Executive Order establish different affirmative action provision for non-construction (i.e., service and supply) contractors and for construction contractors.

EXECUTIVE ORDER AFFIRMATIVE ACTION REQUIREMENTS

41 CFR §60-2.10 General purpose and contents of affirmative action programs. (a) Purpose. (1) An affirmative action program is a management tool designed to ensure equal employment opportunity. A central premise underlying affirmative action is that, absent discrimination, over time a contractor’s workforce, generally, will reflect the gender, racial and ethnic profile of the labor pools from which the contractor recruits and selects. Affirmative action programs contain a diagnostic component which includes a number of quantitative analyses designed to evaluate the composition of the workforce of the contractor and compare it to the composition of the relevant labor pools. Affirmative action programs also include action-oriented programs. If women and minorities are not being employed at a rate to be expected given their availability in the relevant labor pool, the contractor’s affirmative action program includes specific practical steps designed to address this underutilization. Effective affirmative action programs also include internal auditing and reporting systems as a means of measuring the contractor’s progress toward achieving the workforce that would be expected in the absence of discrimination. (2) An affirmative action program also ensures equal employment opportunity by institutionalizing the contractor’s commitment to equality in every aspect of the employment process. Therefore, as part of its affirmative action program, a contractor monitors and examines its employment decisions and compensation systems to evaluate the impact of those systems on women and minorities. (3) An affirmative action program is, thus, more than a paperwork exercise. An affirmative action program includes those policies, practices, and procedures that the contractor implements to ensure that all qualified applicants and employees are receiving an equal opportunity for recruitment, selection, advancement, and every other term and privilege associated with employment. Affirmative action, ideally, is a part of the way the contractor regularly conducts its business. OFCCP has found that when an affirmative action program is approached from this perspective, as a powerful management tool, there is a positive correlation between the presence of affirmative action and the absence of discrimination. topqa.info/ofccp/regs/compliance/aa.htmIn July 2014, President Barack Obama amended Executive Order 11246 to add prohibitions against discrimination on the basis of sexual orientation and gender identity. This is the first such amendment since gender (sex) was added in 1967:Remarks by the President at Signing of Executive Order on LGBT Workplace DiscriminationRead more: What is a group of chickens calledRead more: What zodiac sign is october 28th

AFFIRMATIVE ACTION AND DIVERSITY

“Diversity,” as a term of art used in the context of affirmative action law and policy, gained prominence in the Supreme Court case decision of “Regents of the College of California v. Bakke. ” In Bakke, the Court ruled that the attainment of diversity in university admissions was a constitutionally permissible goal. Diversity as one factor among many in higher education admissions was later upheld in the Supreme Court’s 2003 decision of Grutter v. Bollinger.In employment, “diversity management” gained prominence in the 1990s as a voluntary effort by corporate America, unrelated to the mandatory compliance embodied in the law. Unlike the Executive Order regulations, there is no standardized method for attaining diversity. Diversity programs have different definitions and appear to vary from organization to organization.Dr. Roosevelt Thomas, founder of the American Institute for Managing Diversity and author of Beyond Race and Gender: Unleashing the Power of your Total Workforce by Managing Diversity, argues that diversity is “any collective mixture characterized by similarities (ties that bind) and differences (differences that distinguish).” Thomas views diversity management as an evolution beyond affirmative action and its focus on race and gender.A United Nations study on Best Practices in Diversity Management defines affirmative action as the “framework for a diversity management program.” Diversity Management means looking at: “1) the mindset of an organization; 2) the climate of an organization; and 3) the different perspectives people bring to an organization due to race, workplace styles, disabilities, and other differences.”There are many similarities between methods used for affirmative action programs and diversity management programs. Affirmative action programs require policy statements from senior management, workforce analyses, measures of underutilization of protected groups, placement goals where necessary and action oriented programs.CEO commitment is essential to a successful affirmative action program and senior management is required to sign the affirmative action plan for the contractor. In the 2000 amendments to the Executive Order 11246 regulations, the Department of Labor emphasized that the affirmative action program is a management tool, a diagnostic process used to promote equal opportunity, not simply a paper exercise.The diversity management profession has grown in recent years. The position of Chief Diversity Officer (CDO) has emerged and many CDOs report to the CEOs of their corporations. Diversity managers have attained a status that most often exceeds that of the affirmative action officer. In many cases, the affirmative action officer now reports to the diversity manager.Stony Brook University’s discussion of the relationship between affirmative action and diversity addresses the results sought by both approaches: Affirmative action is numbers oriented, aimed at changing the demographics within the organization. Managing diversity is behavioral, aimed at changing the organizational culture, and developing skills and policies that get the best from everyone. Affirmative action opens doors in the organization while managing diversity opens the culture and the system. Managing diversity does not replace affirmative action; rather, it builds on the critical foundation laid by workplace equity programs.Affirmative action and managing diversity go hand-in-hand, each reinforcing the gains of the other. Without affirmative action’s commitment to hiring and promoting diverse employees, organizations would rarely have the diversity of staff to reach a stage where differences are valued and diversity is effectively managed

WHY IS DIVERSITY IMPORTANT ON COLLEGE CAMPUSES?

Student bodies are no longer composed of primarily male, White students. Some estimates show that half of America’s current workforce now passes through college first and 75 percent of students in high school spend at least some time studying in a higher education setting. That number is up from an elite 4 percent in 1900. What’s more—the number of college students from low-income and minority families continues to rise. More Americans from every color and creed are now earning college educations so college faculty should reflect that. While students can certainly learn from people outside their own sex, ethnicity and belief system, faculty with similar backgrounds provide stronger role models. – Dr. Matthew LynchDiversity in faculty should not only be sought out for the students’ advantage though; the college faculty as a whole benefits when many different perspectives are represented. It is important to have diversity in student populations but those groups are temporary college residents. Faculty members have the long-term ability to shape the campus culture and make it more in sync with the rest of the world.Read more: What is a group of chickens calledRead more: What zodiac sign is october 28thAs AAAED’s Distinguished Scholar William B. Harvey wrote:“The prospect of the court dismantling a policy that works should disturb and compel action among all higher education leaders. They’ve seen as well as I, as the former chief diversity officer at a leading university and founding president of the national professional association of diversity officers, how diversity enhances the learning environments for all students and improves the quality of education at institutions where affirmative action policies have been embraced.” Case Currents, July/August 2012While nearly 30 percent of undergraduate students around the nation are considered minorities, just over 12 percent of full-time faculty are minorities. That number drops to around 9 percent for full-time professors of color. Though half of all undergraduate students are women, roughly one-third of full-time professors are women. In 1940, the number of women faculty was at 25 percent, showing just how slowly this particular minority group is climbing. The numbers are going in the right direction, but not quickly enough.Read more: What is a group of chickens calledRead more: What zodiac sign is october 28thPresident Kennedy and Robert Kennedy meet with civil rights leadersRead more: What is a group of chickens calledRead more: What zodiac sign is october 28th

AFFIRMATIVE ACTION AND INCLUSION

Never has it been more critical to understand the engine that “compliance” is for the diversity bus we collectively drive. Affirmative Action has many meanings to many people, but stripped of words heavy with hidden meaning and agenda on all sides of the issue, it is about action. It’s about taking positive action steps, reaching out action steps-affirmative, positive action steps. It is a call to use some “elbow grease” to achieve, first, the representational diversity in the workforce (and our student body) we all seek. Using that “elbow grease” entails attending to multiple details, to look at all the trees as well as the whole forest to help bring in people from all different backgrounds-and it requires action,- active thinking and then action,- to “take care of”; “to handle”-plan for, build planning and strategies around-the very diversity we bring in.These multiple details include reviewing policies and procedures-actively-to see where they help or where they hinder our representational diversity. .-this kind of review, if affirmative, if action oriented, can be one foundational element to rooting out systemic issues of discrimination and is part of “range” in action.These multiple details include reviewing what we do when problems arise that will drive people away, reduce perhaps our representational diversity-we are not defined by what happens, we are defined by how we handle it.: and never has this been made clearer to us since April of 2011 when all of us, every institution of higher education were told we were NOT dealing with sexual violence, with rape, against women correctly or effectively. It is active and it is affirmative of our communities to take action, do investigations, and speak up quickly, etc., when “dangerous issues” happen. AND MOST IMPORTANT, to take action to identify the areas of culture and climate that need attention-need elbow grease-need action to change. We use the outcomes of investigations actively to analyze what some of the framing is, systemic issues perhaps, etc., and then determine best practices to address what we learn so that our diverse communities can be one in which all thrive, feel included, listened to, attended to when bad things happen.Affirmative Action is a key element of the “inclusion” framework: positive, affirming action is required to make sure all feel included-welcome, wanted, accepted, respected, partnered with for success and present at all input and decision making tables. It is active and it is affirmative-it takes action, elbow grease and the will and the commitment to have diversity dialogues-diversity dialogues themselves are a type of program, an affirmative action program. -Dr. Carmen Suarez

WHY DO WE NEED AFFIRMATIVE ACTION?

Affirmative action is the responsibility of all managers, not only the human resources or multicultural departments. Managers should actively recruit, even when there are no vacancies or when someone is not in the job market. Identify the “stars.”Affirmative Action is consistent with the principles of merit. Affirmative Action and Excellence are not mutually exclusive terms. Excellence comes in all colors and genders.As President Clinton stated: “Affirmative action is an effort to develop a systematic approach to open the doors of education, employment and business development opportunities to qualified individuals who happen to be members of groups that have experienced longstanding and persistent discrimination.” Where there is more affirmative action, there is less discrimination.The Nation’s Demographics are changing. On Could 17, 2012, the US Census Bureau reported that “Most Children Younger than Age 1 Are Minorities.” The New York Occasions put it extra merely: White births are not a majority in the US.” “ Non-Hispanic whites accounted for 49.6 percent of all births in the 12-month period that ended last July, according to Census Bureau data made public on Thursday, while minorities — including Hispanics, blacks, Asians and those of mixed race — reached 50.4 percent, representing a majority for the first time in the country’s history”, wrote the Occasions.This can be a vital occasion, lengthy predicted by demographers – a milestone on this nation’s historical past. General, whites will stay the most important inhabitants for a while, accounting for 63 % of the inhabitants. The beginning information augur a longer-term future that might be fairly totally different from the nation based by Europeans. Within the phrases of 1 demographer, the US is turning into a extra “globalized, multiethnic country.” Whites are not the bulk in 4 states and the District of Columbia and are lower than half of the inhabitants in main cities together with New York, Las Vegas and Memphis.Hispanics are the fastest-growing minority group, numbering 52 million in 2011. They represent 16.7 % of the inhabitants and grew by 3.1 % since 2010. African Individuals are the second-largest inhabitants of shade, numbering 43.9 million in 2011 (up 1.6 % from 2010). Asians are the second-fastest rising group, rising by 3.0 % since 2010. Asians numbered 18.2 million in 2011. The U.S. Census Bureau tasks that by 2043 the minority inhabitants is projected to turn into the bulk. The company bases its projections on the 2010 census. Within the report the company tasks that the inhabitants will develop extra slowly, proceed growing older and turn into extra various. In 2032 the online worldwide migration will overtake its pure improve as the motive force of our inhabitants progress.“In order to get beyond racism, we must first take account of race. There is no other way,” wrote Justice Harry Blackmun in Bakke. A constructive program of nondiscrimination might be wanted so long as there are racial, gender and different disparities in contracting, greater training admissions and employment. The tent has widened because the Sixties and now consists of successive actions for ladies, ethnic minorities, people with disabilities and the LGBT neighborhood.Why do we’d like Affirmative Motion? As a result of easy equity calls for it. The nation’s future requires it.Read more: What is a group of chickens calledRead more: What zodiac sign is october 28th

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