Key Takeaways
- Affirmative action is a policy to promote equal opportunity in the workplace or in education.
- The rules are intended to level the playing field for groups that have been historically discriminated against or overlooked in the workplace because of race, gender, sexual orientation, disability, and/or other factors.
What groups does affirmative action apply to?
Affirmative action refers to a set of policies and practices within a government or organization seeking to increase the representation of particular groups based on their gender, race, sexuality, creed or nationality in areas in which they are underrepresented such as education and employment
Who really benefits from affirmative action?
White women benefit from affirmative action the most. Programs stemming from affirmative action have been critical in ensuring gender equity and creating opportunities for women in business and in educational institutions that they’ve traditionally been shut out of.
What people get wrong about affirmative action?
One of the biggest misconceptions about affirmative action is that it’s only based on race. This couldn’t be further from the truth.
What does affirmative action really mean?
affirmative action noun. A policy or program providing advantages for people of a minority group who are seen to have traditionally been discriminated against, with the aim of creating a more egalitarian society through preferential access to education, employment, health care, social welfare, etc.
Where is affirmative action applied?
The hiring practices of federal contractors, including public universities, are subject to affirmative action. Few U.S. states require private colleges to use affirmative action in admissions; most of its application in private schools and privately owned businesses is voluntary.
Who is required to use affirmative action?
You must develop an affirmative action program (AAP) if you have 50 or more employees and at least one contract of $50,000 or more, under Executive Order 11246 and Section 503 of the Rehabilitation Act of 1973.
Who is exempt from affirmative action?
In reality, while equal employment opportunity laws prohibit unlawful discrimination against applicants and employees because of their race, gender, age, disability or national origin, they usually do not require formal affirmative action programs.
What are the three types of affirmative action?
Affirmative action focuses on providing equal footing in education (a forward action in college admissions), business, employment policies, and employment opportunities.
Does affirmative action apply to small businesses?
A compliant affirmative action plan enables a small business to compete for lucrative government business, as well as ensuring a diverse workforce. A small business with plans for growth can pursue larger and larger government contracts by implementing affirmative action.
Do companies still use affirmative action?
Businesses that contract with the federal government are required to have affirmative action programs, while other employers can implement them voluntarily. Employers must be aware of these laws and similar rules aimed at equal opportunity and fairness.
What is the current affirmative action policy?
What is Affirmative Action? Affirmative action, also known as “positive discrimination,” is a government policy that is designed to help minorities and disadvantaged groups in finding employment, getting admissions at universities, and obtaining housing.
What are the three basic elements of an affirmative action plan?
An affirmative action plan or program under this section shall contain three elements: a reasonable self analysis; a reasonable basis for concluding action is appropriate; and reasonable action.
What is the policy of affirmative action?
Affirmative action is defined as a set of procedures designed to; eliminate unlawful discrimination among applicants, remedy the results of such prior discrimination, and prevent such discrimination in the future. Applicants may be seeking admission to an educational program or looking for professional employment.
What is the main goal of affirmative action?
What Is the Goal of Affirmative Action? The goal of affirmative action is to increase opportunities for individuals and groups that historically have been underrepresented or, in some cases, barred, from certain areas of academia, the government, and the private sector workforce.
What are the two major problems that affirmative action programs have faced?
What are the two major problems that affirmative action programs have faced? the right to consumer education and the right to courteous service.
Why do we need affirmative action?
Affirmative action helps ensure equal access to opportunities and brings our nation closer to the ideal of giving everyone a fair chance.
Is affirmative action mandatory or voluntary?
Affirmative action policies are enforced by the entities adopting them if they are voluntary, while affirmative action policies required by government mandates can be enforced through the legal system.
What is the law on affirmative action?
For federal contractors and subcontractors, affirmative action must be taken by covered employers to recruit and advance qualified minorities, women, persons with disabilities, and covered veterans. Affirmative actions include training programs, outreach efforts, and other positive steps.
How does affirmative action work in the United States?
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.
What is the current affirmative action policy?
What is Affirmative Action? Affirmative action, also known as “positive discrimination,” is a government policy that is designed to help minorities and disadvantaged groups in finding employment, getting admissions at universities, and obtaining housing.
What is affirmative action?
Affirmative action in the United States is the active effort to improve employment, educational, and other opportunities for members of groups that...
Who does affirmative action protect?
Affirmative action in the United States protects people on the grounds of race, disability, gender identity, sexual orientation, ethnic origin, and...
Where does affirmative action apply?
As a government remedy in the United States, affirmative action has been the subject of numerous legal challenges that have determined where and ho...
When did affirmative action start?
Affirmative action was initiated during U.S. President Lyndon B. Johnson’s administration in the 1960s. The federal government instituted affirmati...
Where does the term affirmative action come from?
The term affirmative action was coined during the administration of U.S. President John F. Kennedy by Hobart Taylor, Jr., a Black attorney. Taylor...
Why do states have to take affirmative action?
The United Nations Human Rights Committee states that "the principle of equality sometimes requires States parties to take affirmative action in order to diminish or eliminate conditions which cause or help to perpetuate discrimination prohibited by the Covenant.
Why is affirmative action important?
Historically and internationally, support for affirmative action has sought to achieve goals such as bridging inequalities in employment and pay, increasing access to education, promoting diversity, and redressing apparent past wrongs, harms, or hindrances.
What is mismatching in affirmative action?
Mismatching is the term given to the supposed negative effect that affirmative action has when it places a student into a college that is too difficult for them. For example, in the absence of affirmative action, a student will be admitted to a college that matches his or her academic ability and has a good chance of graduating. However, according to the mismatching hypothesis, affirmative action often places a student into a college that is too difficult, and this increases the student's chance of dropping out of the college or of their desired major. Thus, affirmative action hurts its intended beneficiaries, because it increases their dropout rates. Mismatching has also been cited as a contributing factor in lowered pursuit and completion of STEM degrees among certain populations.
What was the African National Congress's policy of affirmative action?
Following the transition to democracy in 1994, the African National Congress -led government chose to implement affirmative action legislation to correct previous imbalances (a policy known as employment equity). As such, all employers were compelled by law to employ previously disenfranchised groups (blacks, Indians, and Coloureds ). A related, but distinct concept is Black Economic Empowerment.
What did affirmative action do to South Africa?
Affirmative action created marginalization for coloured and Indian races in South Africa, as well as developing and aiding the middle and elite classes, leaving the lower class behind. This created a bigger gap between the lower and middle class, which led to class struggles and a greater segregation.
How did affirmative action affect women?
During this period, contractors grew their shares of these groups more rapidly than non-contractors because of the implementation of affirmative action. But the positive effect of affirmative action vanished entirely in the late 1980s, which Kurtulus says may be due to the slowdown into advanced occupation for women and minorities because of the political shift of affirmative action that started by President Reagan. Becoming a federal contractor increased white women's share of professional occupations by 0.183 percentage points, or 9.3 percent, on average during these three decades, and increased black women's share by 0.052 percentage points (or by 3.9 percent). Becoming a federal contractor also increased Hispanic women's and black men's share of technical occupations on average by 0.058 percent and 0.109 percentage points respectively (or by 7.7 and 4.2 percent). These represent a substantial contribution of affirmative action to overall trends in the occupational advancement of women and minorities over the three decades under the study. A reanalysis of multiple scholarly studies, especially in Asia, considered the impact of four primary factors on support for affirmative action programs for women: gender; political factors; psychological factors; and social structure. Kim and Kim (2014) found that, "Affirmative action both corrects existing unfair treatment and gives women equal opportunity in the future."
What is positive action?
In such countries, the focus tends to be on ensuring equal opportunity and, for example, targeted advertising campaigns to encourage ethnic minority candidates to join the police force. This is sometimes called positive action .
Who Does Affirmative Action apply to?
Affirmative action refers to the set of policies of the Governments to support members of disadvantaged groups that have historically faced discrimination in the areas of education, employment, housing and respect in the society. The main goals of affirmative action are to bridge inequalities in access to education, employment, equal pay, better standards of living.
What is an Example of Affirmative Actions?
In the Government-run education institutions, the Indian government provides reservations for SC, ST and OBC students. To give them better political representation, constituencies are reserved for SC and ST’s in proportion to their population. Reservation is provided in Public Sector Undertakings (PSU’s), civil services, statutory bodies. Reservation is not provided in defence and judiciary.
What is affirmative action?
Affirmative action, also known as “positive discrimination,” is a government policy that is designed to help minorities and disadvantaged groups in finding employment. Labor Force KPIs How can we monitor the labor force?
When was affirmative action introduced?
Affirmative Action Policy – History. The policy was introduced in one of John F. Kennedy’s presidential executive orders in 1961 and stated that applicants and employees must be treated fairly regardless of their race, color, or national origin. By 1967, the list included gender and religion, and the policy aimed to promote anti-discrimination ...
How does affirmative action help disadvantaged families?
Disadvantaged families often fall into development and poverty traps if they do not have access to higher education and/or if they cannot afford it. By providing grants and scholarships that are meant for students from disadvantaged groups (e.g., scholarships meant for students of indigenous origin in Canada), affirmative action boosts the education of the students – which has potentially positive future outcomes related to income, health, and socioeconomic status#N#Demographics Demographics refer to the socio-economic characteristics of a population that businesses use to identify the product preferences and#N#.
What are the disadvantages of affirmative action?
Affirmative Action – Disadvantages. 1. Reverse discrimination. Reverse discrimination is the notion that instead of promoting anti-discrimination, affirmative action leads to discrimination against individuals and groups that come from non-disadvantaged backgrounds. Talented individuals may not be given equal opportunities simply ...
How does affirmative action promote education?
Affirmative action promotes education in society by encouraging women and other previously oppressed groups to attend university and offering them equal opportunities and pay, regardless of gender or race.
What are the three levels of socioeconomic status?
1. Climbing the socioeconomic ladder. An individual’s or a family’s socioeconomic status is typically divided into three levels: high, middle, and low, and is determined by their income. Income Income refers to the money that is earned by an individual for providing a service or as an exchange for providing a product.
What are the three key performance indicators?
Governments and economists usually refer to three main key performance indicators (KPIs) to assess the strength of a nation's labor force. , getting admissions at universities, and obtaining housing. The policy was originally created to offer disadvantaged groups a boost and increase diversity in communities, the workplace, ...
What is affirmative action?
The purpose of affirmative action is to ensure equal employment opportunities for applicants and employees. It is based on the premise that, absent discrimination, over time a contractor’s workforce generally will reflect the demographics of the qualified available workforce in the relevant job market. Affirmative action requirements are intended ...
What types of affirmative action obligations are covered by written AAPs?
The components of a written AAP address both nondiscrimination and affirmative action obligations. Written AAP components include the following
What if a contractor does not meet its affirmative action obligations?
The OFCCP compliance evaluation, investigation, and conciliation processes are designed to identify and correct violations. Under OFCCP’s resolution procedures, the agency will seek to conciliate, correct, and remedy any noncompliance with Executive Order 11246, Section 503, VEVRAA, and their implementing regulations. As a part of the conciliation process, OFCCP generally proposes a conciliation agreement that requires specific steps to be taken by the contractor to ensure the violations are corrected and remedied, as appropriate. For more information about OFCCP’s resolution procedures, please review Chapter 8 of the Federal Contract Compliance Manual.
What is Section 503?
Section 503: Assessing personnel processes and standards; using effective recruitment and outreach efforts designed to recruit qualified individuals with disabilities; assessing recruitment and outreach efforts; developing and executing action-oriented programs to address identified problems; and using the OFCCP utilization goal as a benchmark to measure representation of individuals with disabilities in its job groups and/or workforce. See 41 CFR part 60-741, subpart C. Although not required, OFCCP regulations expressly permit contractors to develop and implement training and employment programs for employees with disabilities. See 41 CFR 60-741.46 (a) and the Section 503 Focused Reviews FAQs for more information.
Why do employers post EEO?
Posting the “EEO is the Law” poster and other notices to inform applicants and employees of the employer’s nondiscrimination and equal opportunity obligations.
What is Executive Order 11246?
Executive Order 11246: Comparing the utilization of women and minorities to their availability; setting placement goals if women or minorities are underutilized; assessing recruitment and outreach efforts; and developing and executing action-oriented programs to address identified problems. See 41 CFR part 60-2.
Do contractors have to take affirmative action?
Yes, certain affirmative action obligations apply even if the contractor does not meet the thresholds requiring written AAPs. All covered contractors have the obligation to take affirmative action and ensure nondiscrimination in all of their employment practices. See 41 CFR 60-1.4, 60-300.5, and 60-741.5. Covered contractors are those that have any number of employees and have contracts valued in aggregate at more than $10,000 (Executive Order 11246), a contract valued at more than $15,000 (Section 503), or a contract valued at $150,000 or more (VEVRAA). Examples of affirmative action requirements that apply to all covered contractors include the following:
What are the guidelines for affirmative action?
(1) Unapproved Plans - The Guidelines provide a method that enables an employer, labor organization, or other person to develop an affirmative action plan. The decision to develop and implement such a plan can be entirely voluntary on the employer's or labor organization's part, without any finding or admission of a Title VII violation. Such plans are referred to as "voluntary" or "unapproved" plans. (See § 607.11.) The Guidelines instruct the employer or labor organization on what steps to take to determine if voluntary affirmative action is appropriate and what types of action it can take (for the three step process, see § 607.1 (e)). If the Commission determines that the action complained of in a charge was taken pursuant to a plan developed according to and/or meeting these standards, a no cause determination will be made.
How to invoke affirmative action?
In order to invoke affirmative action as a justification for a challenged policy or practice, a respondent must demonstrate that the policy or practice that is the subject of the charge was based on the approved affirmative action plan. This can be done in one of two ways.
What are the EEOC affirmative action guidelines?
On January 19, 1979 the EEOC published its final Affirmative Action Guidelines (hereinafter referred to as "Guidelines"). [1] The Guidelines constitute the Commission's interpretation of Title VII with respect to affirmative action and give guidance to employers and others who want to take affirmative action. This interpretation has been supported by the Supreme Court in United States Steel Workers of America AFL-CIO-CLC v. Weber, et al., 433 U.S. 193, 20 EPD ¶ 30,026 (1979). The Guidelines address what appears to be a conflict between the statutory prohibition against considering race, sex, and national origin in making employment decisions, and the need, often through affirmative action, to eliminate discrimination and to correct the effects of prior discrimination. The Guidelines and the Weber decision make it clear that there is no conflict, that affirmative action is not prohibited by Title VII.
What is an affirmative action plan?
An approved affirmative action plan is one undertaken pursuant to the Commission's own enforcement efforts or other laws or proceedings, that receives prior explicit approval from an agency, court, or other appropriate body. In order to avoid subjecting a respondent to conflicting legal requirements and to give maximum effect to anti-discrimination efforts of various governmental bodies, the Commission has determined that action taken pursuant to such a plan does not give rise to liability under Title VII. The following procedures will be followed for charges where a respondent claims that an alleged discriminatory action was taken pursuant to such an approved plan.
What is the conflict between the statutory prohibition against considering race, sex, and national origin in making employment decisions?
The Guidelines address what appears to be a conflict between the statutory prohibition against considering race, sex, and national origin in making employment decisions, and the need, often through affirmative action, to eliminate discrimination and to correct the effects of prior discrimination.
When an affirmative action plan is alleged to violate Title VII or is asserted as a defense to?
When an approved affirmative action plan is alleged to violate Title VII or is asserted as a defense to a charge of discrimination, the Commission will investigate and make a determination on the charge in accordance with its usual procedures and pursuant to the standards set forth in the Guidelines as explained in §§ 607.7 through 607.10.
Is affirmative action discrimination?
Affirmative action under the Guidelines is not a type of discrimination, but a justification for a policy or practice based on race, sex, or national origin. No affirmative action issue exists unless respondent has acted on the basis of race, sex, or national origin.
Overview
National approaches
In some countries that have laws on racial equality, affirmative action is rendered illegal because it does not treat all races equally. This approach of equal treatment is sometimes described as being "color blind", in hopes that it is effective against discrimination without engaging in reverse discrimination.
In such countries, the focus tends to be on ensuring equal opportunity and, for example, targete…
Origins
The term "affirmative action" was first used in the United States in "Executive Order No. 10925", signed by President John F. Kennedy on 6 March 1961, which included a provision that government contractors "take affirmative action to ensure that applicants are employed, and employees are treated [fairly] during employment, without regard to their race, creed, color, or national origin". It was used to promote actions that achieve non-discrimination. In 1965, President Lyndon B. John…
Women
Several different studies investigated the effect of affirmative action on women. Kurtulus (2012) in her review of affirmative action and the occupational advancement of minorities and women during 1973–2003 showed that the effect of affirmative action on advancing black, Hispanic, and white women into management, professional, and technical occupations occurred primarily during the 1970s and early 1980s. During this period, contractors grew their shares of these gro…
Quotas
Law regarding quotas and affirmative action varies widely from nation to nation.
Caste-based and other group-based quotas are used in the reservation system.
In 2012, the European Union Commission approved a plan for women to constitute 40% of non-executive board directorships in large listed companies in Europe by 2020.
In Sweden, the Supreme Court has ruled that "affirmative action" ethnic quotas in universities ar…
International organizations
The International Convention on the Elimination of All Forms of Racial Discrimination stipulates (in Article 2.2) that affirmative action programs may be required of countries that ratified the convention, in order to rectify systematic discrimination. It states, however, that such programs "shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved".
Support
The principle of affirmative action is to promote societal equality through the preferential treatment of socioeconomically disadvantaged people. Often, these people are disadvantaged for historical reasons, such as oppression or slavery. Historically and internationally, support for affirmative action has sought to achieve a range of goals: bridging inequalities in employment and pay; increasing access to education; enriching state, institutional, and professional leadership wi…
Criticism
Critics of affirmative action offer a variety of arguments as to why it is counterproductive or should be discontinued. For example, critics may argue that affirmative action hinders reconciliation, replaces old wrongs with new wrongs, undermines the achievements of minorities, and encourages individuals to identify themselves as disadvantaged, even if they are not. It may increase racial tension and benefit the more privileged people within minority groups at the expe…
Affirmative Action Policy – History
- The policy was introduced in one of John F. Kennedy’s presidential executive orders in 1961 and stated that applicants and employees must be treated fairly regardless of their race, color, or national origin. By 1967, the list included gender and religion, and the policy aimed to promote anti-discrimination and equal opportunities for people who were previously oppressed, exploite…
Affirmative Action – Advantages
- 1. Climbing the socioeconomic ladder
An individual’s or a family’s socioeconomic status is typically divided into three levels: high, middle, and low, and is determined by their income, education, and occupational status. By giving minorities and disadvantaged groups an equal opportunity to attain education and employment, … - 2. Boosting the education of disadvantaged students
Disadvantaged families often fall into development and poverty traps if they do not have access to higher education and/or if they cannot afford it. By providing grants and scholarships that are meant for students from disadvantaged groups (e.g., scholarships meant for students of indige…
Affirmative Action – Disadvantages
- 1. Reverse discrimination
Reverse discrimination is the notion that instead of promoting anti-discrimination, affirmative action leads to discrimination against individuals and groups that come from non-disadvantaged backgrounds. Talented individuals may not be given equal opportunities simply because they ar… - 2. Lack of meritocracy
Meritocracy is an important system that aims to push more capable individuals to places of higher education so that they may have the resources and knowledge required to make important changes in the world. By encouraging universities to admit more students of a particular race, n…
Ways to Take Affirmative Action
- 1. Employment
In the workplace, affirmative action may include creating diversity and inclusion clauses that promote anti-discrimination. Candidates are usually exposed to a message that promotes diversity and inclusion in the workplace during the employment application process. Companies … - 2. Education
Affirmative action at universities can take the form of grants, scholarships, and other types of financial aid that help provide financially distressed students with support to complete their education. Some governments impose quotas on the minimum number of minority students req…
More Resources
- Thank you for reading CFI’s guide to Affirmative Action. To keep advancing your career, the additional CFI resources below will be useful: 1. Corporate Social Responsibility 2. Diversity Management 3. Employee Morale 4. Ethical Decision-Making