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Affirmative Action/Title VII

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Describe the elements of Affirmative Action as it applies to public sector and private sector employers, and how it interacts with Title VII requirements of Equal Employment Opportunity. It should address (but is not limited to) the following:
a. What employers are subject to affirmative action plans and why?
b. What do the plans require employers to do?
c. What happens if employers do not meet the goals of the affirmative action plan?

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Solution Preview

Please see response attached, which is also presented below. Supplemented with two informative articles. I hope this helps and take care.

RESPONSE:

Hi,

Let's take a closer look through discussion and example, which you can draw on for your final copy.

1. Describe the elements of Affirmative Action as it applies to public sector and private sector employers, and how it interacts with Title VII requirements of Equal Employment Opportunity. It should address (but is not limited to) the following:

a. What employers are subject to affirmative action plans and why?
b. What do the plans require employers to do?
c. What happens if employers do not meet the goals of the affirmative action plan?

Affirmative Action refers to policies intended to promote access to education or employment aimed at a historically socio-politically non-dominant group; typically minorities or women. Motivation for Affirmative Action policies is to redress
the effects of past discrimination and to encourage public institutions such as Universities, Hospitals and Police forces to be more representative of the population. This is commonly achieved through targeted recruitment program, by preferential
treatment given to applicants from socio-politically disadvantaged groups and in some cases through the use of quotas (http://en.wikipedia.org/wiki/Affirmative_action).

a. What employers are subject to affirmative action plans and why?

Non-construction (service and supply) contractors with 50 or more employees and government contracts of $50,000 or more are required, under Executive Order 11246, to develop and implement a written affirmative action program (AAP) for each establishment. http://www.dol.gov/esa/regs/compliance/ofccp/aa.htm Affirmative action is necessary to prevent discrimination and to address stereotypical thinking and biases that still impede employment opportunity (http://www.dol.gov/esa/regs/compliance/ofccp/aa.htm).

The regulations define an AAP as a set of specific and result-oriented procedures to which a contractor commits itself to apply every good faith effort. The AAP is developed by the contractor (with technical assistance from OFCCP if requested) to assist the contractor in a self-audit of its workforce. The AAP is kept on file and carried out by the contractor; it is submitted to OFCCP only if the agency requests it for the purpose of conducting a compliance review. The AAP identifies those areas, if any, in the contractor's workforce that reflect utilization of women and minorities (see http://www.dol.gov/esa/regs/compliance/ofccp/aa.htm).

Employers with 25 or more employees, but some laws apply regardless of the number of employees, (or government contractors with 50 or more employees) are subject to affirmative action plans to step past discrimination in the workplace, which hired mostly white male employees and/or advanced the same more often than ...

Solution Summary

This solution describes the elements of Affirmative Action as it applies to public sector and private sector employers, including how these elements interact with Title VII requirements of Equal Employment Opportunity (EEO). The discussion also includes: what employers are subject to affirmative action plans and why, what the plans require employers to do, and what happens to employers if they do not meet the goals of the affirmative action plan. Supplemented with two highly informative articles on Affirmative Action and provides a link for several affirmative action court cases.

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