Understanding the legal context of affirmative action includes discussing the role of the equal employment opportunity commission, laws to prevent discrimination, and protection of individuals with disabilities. However, there are some advantages and disadvantages of affirmative action which impact organizational structures and suggests managers include diversity programs within their departments.© BrainMass Inc. brainmass.com October 2, 2020, 6:01 am ad1c9bdddf
I. Legal Context of Affirmative Action
1. Equal Employment Opportunity - Legislation that prohibits discrimination based on religion, gender, race, or color in hiring, promoting, or firing employees. The Equal Employment Opportunity Commission was established when Congress enacted the Civil Rights Act of 1964. This agency seeks to protect the rights of employees based on race, color, national origin, religion, age, disability, and gender.
Ware, L. (2008). Equal employment opportunity commission (eeoc). In R. T. Schaefer (Ed.), Encyclopedia of race, ethnicity, and society (Vol. 3, pp. 446-448). Thousand Oaks, CA: SAGE Publications Ltd. doi: 10.4135/9781412963879.n184
a. Discrimination - affirmative action began as a government solution against the acts of discrimination against groups of people. This discrimination was primarily against minorities and women. Therefore, in an effort to reverse discrimination, the Supreme Court began to impose restrictions on race-based affirmative action in 1989. The court enacted laws to prevent minority set-aside quotas just in case where prior racial discrimination could not be proved, and placed limits on states for strict racial preferences.
affirmative action. (2016). In Encyclopaedia Britannica. Retrieved from http://academic.eb.com.contentproxy.phoenix.edu/EBchecked/topic/7740/affirmative-action
b. ADA - The Americans with Disabilities Act was established in 1990 and prohibits discrimination and ensures equal opportunity for any persons with disabilities in employment, provides state and local government services, public accommodations, commercial facilities, and transportation. The law also mandates the establishment of the ...
A discussion on the legal and historical context of affirmative action is examined.