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Affirmative Action Essentials
- 2. INTRODUCTION Affirmative action • Legal aspects • Importance • Consequences of failure to comply
- 3. AFFIRMATIVE ACTION (DEFINITION) • Affirmative action basically refers to the various policies, designed effectively to promote equal opportunities at the workplace (Coetzee & Bezuidenhout, 2011). • Important to prevent discriminatory treatment towards the employees
- 4. HISTORY OF AFFIRMATIVE ACTION • The affirmative action was mentioned for the first time by John F Kennedy in 1961. • Four years later president Lyndon Johnson had signed the civil rights act of 1964. • This was adapted with time, and is currently one of the essential aspect.
- 5. SOME IMPORTANT LEGAL REQUIREMENTS OF AFFIRMATIVE ACTION • For the federal contractors it is important that affirmative action be taken • This is to protect the interests of the following: • Minorities, • Covered veterans, • Women, • Persons with disabilities
- 6. WHO NEEDS AN AFFIRMATIVE ACTION PLAN? • All the companies are required to comply with the EEOC. • Some of the companies are often required to develop a written and up to date AAP (Arcidiacono & Lovenheim, 2016). • The companies which require a written document are the ones having a contract of $5000 or more. • Have government bills of lading in 12-month period total of $50000 or greater.
- 7. WHO NEEDS AN AFFIRMATIVE ACTION PLAN? (CONTD.) • The companies serving as a depository for the government funds. • Financial institution which is basically a paying agent or an issuing agent for the US savings bonds or the saving notes in any amount.
- 8. CONSEQUENCES OF VIOLATION • OFCCP will try to ensure resolution as compliance evaluation closure letters (Pincus, 2019). • conciliation agreements are also used to provide time to the employer for rectification
- 9. CONSEQUENCES OF VIOLATION (CONTD.) • In case the company fails to comply even after the initial action taken by the OFCCP. • It is possible that the company lose the contract. • The company may also be banned from future contracting with the government. • There may be fines and other forms of penalties which would add to the liabilities of the company.
- 10. REFERENCES • Arcidiacono, P., & Lovenheim, M. (2016). Affirmative action and the quality-fit trade- off. Journal of Economic Literature, 54(1), 3-51. • Coetzee, M., & Bezuidenhout, M. (2011). The fairness of affirmative action: In the eye of the beholder. Southern African Business Review, 15(2), 75-96. • Pincus, F. L. (2019). The case for affirmative action. In Race and Ethnic Conflict (pp. 205- 222). Routledge.
Editor's Notes
- Hello and welcome to this presentation presented by myself, Shradha Khanal.Today the topic that we will discuss is about Affirmative action.
- This presentation mainly entails a comprehensive discussion pertaining to affirmative action. The presentation shall include a discussion into its origin and how it has evolved over time. The legal aspects related to the same shall also be elucidated through the presentation.
- Affirmative action basically refers to the various policies, and different programs which are undertaken and designed effectively to promote equal opportunities at the workplace. These are important for the employers to develop as these are of great importance during audits. These are important to prevent discriminatory treatment towards the employees irrespective of race, gender, sexual orientation, national origin, and various other factors.
- The affirmative action was mentioned for the first time by John F Kennedy in 1961, and four years later president Lyndon Johnson had signed the civil rights act of 1964, which basically aimed at ending discrimination. Various new aspects were included and this was adapted with time, and is currently one of the essential aspects.
- For the federal contractors it is important that affirmative action be taken in order to ensure that minorities, covered veterans, women, persons with disabilities are advanced and they progress. The equal opportunities law prevents any discrimination against the various applicants of a job, because of their gender, race, age.
- All the companies are required to comply with the Equal Employment Opportunity Commission (EEOC); however, the companies are often required to develop a written and up to date AAP. The companies which require a written document are the ones having a contract of $5000 or more, or have government bills of lading in 12-month period total of $50000 or greater.
- The companies serving as a depository for the government funds for any amount must also have this written document. In addition, it is also required by the law that a financial institution which is basically a paying agent or an issuing agent for the US savings bonds or the saving notes in any amount.
- In case any violation is detected, and the Office of Federal Contract Compliance Program (OFCCP) will try to ensure resolution as compliance evaluation closure letters. In some cases, conciliation agreements are also used and the employers are provided with a set amount of time to rectify.
- In case the company fails to comply even after the initial action taken by the OFCCP, it is possible that the company lose the contract. The company may also be banned from future contracting with the government. In addition, there may be fines and other forms of penalties which would add to the liabilities of the company.