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Running Head: AFFIRMATIVE ACTION
April 30, 2012
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Affirmative action applies to actual steps that are designed to not only lessen discrimination- whether in education, employment, or contracting- but also to try compensate the effects of past discrimination. The main motive for affirmative action is the Constitutional principle of equal opportunity, which believes that people with equal abilities should have the same opportunities. Affirmative action is a term of prevalent application relating to government policies that directly or indirectly compensate professional schools and admission to universities, jobs, and other social goods and resources to persons on the basis of membership to particular protected groups in order to pay back those groups for past discrimination caused by the society as whole. Affirmative actions are steps taken to amend conditions effecting from past discrimination or violating a law, especially with connection to employment. Gerapetritis (2011,25) writes that it is a program , in which is a management tool is intended to assure equal opportunity in hiring, recruiting, promoting, training, and compensating individuals. Affirmative action programs distinguish broadly in the extent to which they strive to stop discrimination. Some programs might solely associate reviews of the hiring process for minorities, women, and other affected groups. While other affirmative programs even completely prefer members of affected groups. In such programs, they use minimum job requirements to make a pool of qualified applicants so that members of the affected group are given a chance.
Laws Relating to Affirmative Action
Affirmative action concerns small businesses in two main ways. First, it hinders businesses that have 15 or more employees from discriminating on the basis of color, race,
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religion, sex, nationality, and physical capability in practices relating to training, hiring, promoting, compensating, and firing employees. Secondly, it permits the state and federal governments to prefer businesses that are owned by women or by a minority when rewarding contracts, and to outcast bids from businesses that does not make efforts to include minority-owned businesses among their subcontractors. Affirmative action policies were proposed recently began fairly to help black Americans. The policies are derived from these sources: laws, court decisions, and executive orders. These policies have developed over the last 30 years, and it has often been controversial.
The Civil Rights Act of 1964
The Civil Rights Act of 1964 consisted of a section about equal employment opportunity. Title VII, a section where it is made illegal for employers with 25 or more employees to “fail or refuse to hire or to discharge any individual . . . because of such individual's race, color, religion, sex, or nationality. . .” Title VII also expresses that none of its provisions should be explained as needing “preferential treatment” for any person or group because of color, race, religion, sex, or nationality. However, it provided for “affirmative action” in some extents of discrimination.
Executive Order #11246 and the DOL
President Johnson issued Executive Order #11246 in 1965. According to Ballington (2011, 14), the order needed each federal department to acquire a “positive program of equal employment opportunity” regardless of color or race. It also needed federal contractors to have “affirmative action” to make sure there is no discrimination in recruitment, promotion, hiring, and rates of pay.
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The Department of Labor (DOL) made rules and regulations to enforce President Johnson's order. The rules...
References: Ballington, J. (September 01, 2010). Implementing affirmative action: Global trends. Ids Bulletin, 41, 5, 11-16.
Gerapetritis, G. (January 01, 2011). Affirmative Action: a New Challenge for Equality. Values in Global Administrative Law, 17-60.
Sterba, J. P. (January 01, 2010). Affirmative Action for the Future. Contemporary Sociology, 39, 6, 761.
Storey, W. (January 01, 2011). Affirmative action evaluated. Politics Review, 20, 3, 21-23.
Van, W. B. (January 01, 2010). The affirmative action debate: a critical reflection. South African Journal of Higher Education, 24, 2, 358-366.
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