March 31, 2012
After the introduction of affirmative action, the perception has become a controversial topic. Many individuals confuse affirmative action with the Equal Employment Opportunity and the Civil Rights Act of 1964, even though each share similar ambitions and motivations, each aspect is slightly different from the other. This paper investigates the essentials of affirmative action as it relates to the private and public sector employers, how Title VII prevents discrimination and creates equality. The paper will also investigate what employers are subject to an affirmative action plan, how the affirmative action plan affects the employer, and the repercussions if the employer fails to meet or comply with the affirmative action plan goals. Affirmative Action Relation to Private and Public Sector Employees The intentions of affirmative action plans are to organization the behavior confidently of both the public and private sector employees. Several laws only pertain to private employers, whereas several others only pertain to employment agencies, public sector employees, and educational institutions. The laws take into consideration the number of employees working at an organization as well as the number of employees in each of the organization’s locations. Organizations should make a conscious decision to prevent discrimination ethically throughout the workplace. “An affirmative action plan (AAP) 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” (Personnel Policy Service, 2012, p. 1). Affirmative action plans are either by court order or voluntary; but the purpose of affirmative action plans are to give minorities the opportunity to not experience discriminations, which took place in the past. Title VII Discrimination Preventions
Title VII makes it illegal for discrimination to take place within the workplace. However, historically discrimination has influenced numerous industries in creating a unintentional discrepancy in the employees of minority. In these circumstances, the affirmative action plans are a tool to balance industry’s that have experienced historical imbalances. This takes place through encouraging employers to demonstrate a preference to employees of minority with equal qualifications until the industry achieves a balance. Organizations that do not adhere to the guidelines may force the organization to implement an affirmative action plan from a court order. If the organization does not correct the imbalance, the organization can be put on trial for breaking the Title VII statutes. “Many, mistakenly, think affirmative action is law that takes qualified whites or males out of their jobs. Giving the jobs to unqualified minorities or females, or that affirmative action is an entitlement program that provides unqualified women or minorities with jobs. At the same time shutting out qualified Whites or males, or both from the workplace” (Bennett-Alexander & Hartman, 2007, p. 181). The actuality is affirmative action plans aid minorities and women with giving opportunities for those individuals to work in numerous fields that have been historically dominating with White males. For example, historically White males have held dominance over the legal profession. Because of this historical dominance, affirmative action plans target educational institutions teaching law through admissions, and practicing legal firms through the promotion and hiring processes to balance the women and minorities with the legal profession. Requirements for Complying with Title VII
Public employers who must comply with affirmative action fall under one of three categories. 1. “A Prime Contractor/subcontractor with 50 plus employees AND $50,000 plus in contract revenue during any 12-month...