Affirmative Action of employers is to be sure that all employees and applicants are being treated without regard to race, color, religion, sex or national origin. Examples of affirmative actions that employers may take or need to consider include, but are not limited to, this list.
If a court find that an employer intentionally engaged in unlawful activity, they can order affirmative actions as appropriate such as reinstating or hiring employees that they feel is appropriate.
There was a hot debate between Presidents and the federal agencies that were to enforce the provisions. This confused employers who then hired the number of minorities/women to avoid disparate impact and protect themselves. Many employees saw the program as filling “quotas”.
This is the definition from the book on page 215. I like it the best because it is referring to employment, points out that the group must be disadvantaged to begin with, and the outcome should reflective the availability from the geographic area that they are drawn from. Includes expanding outreach, recruitment, mentoring, training, management development and other programs.
The employer will agree not to discriminate and to engage in affirmative action if it is found to be needed. The OFCCP is under the Department of Labor and monitors this requirement for federal contractors. Compensatory and punitive damages are available remedies for companies who illegally discriminate.
When making decision, managers are not required to hire a person who lacks the qualifications but to make the decision in a non-discriminatory manner. Plans include policies, practices and procedures to be sure that all qualified applicants and employees are receiving equal opportunities. A written plan is defined as a set of specific and results-oriented procedures to which a contractor commits itself to apply every good faith effort.
Companies must develop a written affirmative action plan within 120 days of beginning a contract. These plans monitor underutilization in the workforce. These plans include an organizational profile which shows the staffing patterns, a job group analysis which combines job titles based on similar content, wage rates and opportunities. The analysis is compared to minorities within the job groups to “qualified” minorities available. If a group is found to be underutilized, a placement goal is set to correct. Under-utilization is having fewer minorities or women in a particular job group than would reasonably be expected by their availability. Audits are conducted by the Office of Federal Contract Compliance Programs (OFCCP) to determine compliance with regulations and providing equal employment opportunities.
Employers need to take action to outreach to groups for recruitment, mentoring, management, training, development and hiring. These programs in addition your written plan with statistics, identified problem areas if any and placement goals to protect issues will give much needed to support to show the employer had good faith in preventing discrimination in the workplace.
Complaints must be filed within 180 days from the date of the alleged discrimination, although filing time can be extended for a good reason. OFCCP attempts to work with the contractor, often entering into a conciliation agreement. A conciliation agreement may include back pay, job offers, seniority credit, promotions or other forms of relief for victims of discrimination. It may also involve new training programs, special recruitment efforts or other affirmative action measures. When conciliation efforts are unsuccessful, OFCCP refers the case to the Office of the Solicitor for enforcement through administrative enforcement proceedings. A contractor cited for violating EEO and affirmative action requirements may have a formal hearing before an administrative law judge. If conciliation is not reached before or after the hearing, sanctions may be imposed. For example, a contractor could lose its government contracts or subcontracts or be debarred, i.e., declared ineligible for any future government contracts.
Valuing diversity- As stated on page 241, Learn to accept and appreciate those who are different from the majority and value their contributions to the workplace. Train managers the importance and impact discrimination has on a company.
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