Custom writing on Affirmative Action
Abstract
Affirmative action is very important and famous process that had the impact on the USA society. It found its reflection in the country legislation. But it should be said that this process was perfect in theory, not in practice.
My goal is to show the affirmative action from different sides and make the conclusion about its effectiveness. To achieve this goal I gave the answers to the following questions:
– What employers are subject to affirmative action plans and why?
– What do the plans require employers to do?
– What happens if employers do not meet the goals of the affirmative action plan?
All the answers helped me to make the conclusion.
To understand the subject of the research work, the definition of the term “affirmative action” should be given. This action will help us to reveal the plot of the questions that should be answered in the paper. Stanford Encyclopedia of Philosophy gives next definition: “Affirmative action” means positive steps taken to increase the representation of women and minorities in areas of employment, education, and business from which they have been historically excluded. When those steps involve preferential selection—selection on the basis of race, gender, or ethnicity—affirmative action generates intense controversy” ( Stanford Encyclopedia of Philosophy, 2001).
It was expected that “Civil Rights Act of 1964” would open a new period in human right’s sphere. It guaranteed the equal rights in education, politic, public, business and other life spheres. The Title VII of “Civil Rights Act of 1964” contains the information about prohibition of discrimination. Including sex-based discrimination by employers that do business with the federal government or that involved in interstate commerce. It prohibits the discrimination from employment’s side. They had no rights to show their bad behavior to people that was based on gender or race feature. This legislation bans the discrimination in firms with more than 15 employees. It was very important to understand that the act was not accepted to give preferable rights to the people because of their sex, skin color etc.It had the aim to make all people equal regardless of their race, sex, kind of disabilities etc.
USA Commission On Civil Rights wrote:“Equal employment opportunity is the practice of nondiscrimination in employment decisions and to ensure proactive efforts that qualified women, people with different kinds of disabilities and minorities are identified and offered opportunities to apply for available employment at all levels of the company” (U.S. Commission On Civil Rights, 2005).
Affirmative action plans required employers to accept the employees no matter what sex or race he is. The work conditions must be the same for all employees that work in the firm or elsewhere. Employers must provide with equal employment opportunity policy, review of physical and mental qualifications, responsibility for implementation, pay wages in time etc.
Such politics as Clifford Case and Joseph Clark accentuated on non-preferential interpretation of affirmative action. They said that: “There is no requirement in Title VII that an employer maintain a racial balance in his workforce. On the contrary, any deliberate attempt to maintain a racial balance, whatever such a balance may be, would involve a violation of Title VII, because maintaining such a balance would require an employer to hire or refuse to hire on the basis of race”( United States Supreme Court, 1971).
The Civil Rights Act was asserted in Albemarle Paper Co. v. Moody (1975). The influence of the theory of the Title VII provided motives for public and private employers that were brought under the influence of Title VII in 1972. Conscious employers were interested in hiring people that used to be discriminated to avoid discrimination charges. Working under the ruling of the Office of Federal Contract Compliance, federal executive agencies, and required employers to give written affirmative action plans. In those plans the employers had to define the timetables and goals to improve ineffective system for elimination unfair discriminations of women and minority groups.
Big firms and authoritative employers that were protected with compliance program and Title VII were involved in elimination unfair discrimination process. After some time white male employees in firms and companies began to file discrimination suits charging illegal operations under the Civil Rights Act it happened after the affirmative action plans came into effect.
Talking about the Civil Rights Act of 1964, it should be said that it did not affected with criminal penalties those employers that discriminate people because of their racial, sex or other features. Moreover, there were no civil remedies by the act include any kind of compensation for retributive damages or suffering and pain that the employer committed according to employees. The idea of the act was to establish a reconciliation process by which discriminated people would be returned to the atmosphere they would have had in the lack of discrimination. To realize this process, the new federal agency as a section of the U.S. Department of Labor was created. It was named the Equal Employment Opportunity Commission (EEOC). It worked as a mediator between the victim of discrimination and employers. The EEOC made a pressure on employers to provide compensation for discriminated individuals. The compensation was in a form of back wages or return to previous workplace. The EEOC represented the victim’s complaints in the court, in other words, it also provided legal support for discriminated people.
Affirmative action was the first positive step made according to the fairness and equal human right’s in the medical, educational, public and employment systems. This step meant the preferential selection on the basis of gender, people’s skin color, and individuals with different kinds of disabilities.
Affirmative action covered all kinds of firm and companies, no matter was it public or private. This legislation bans the discrimination in firms with more than 15 employees. Some politics said that this act had the aim to balance human’s rights not to give preferable treatment to any people group because of race, sex or other features. It had the aim to make all people equal in society.
Affirmative action plan required the equal employers to accept the employees no matter what sex or race they are. The conditions of work must be the same for all workers regardless of their race, sex, disabilities. Employers had no right to pay less or not to pay at all.
Affirmative Action remains disputable point than activity that provides equal rights in all spheres of society. This activity is based on Equal Employment Opportunity laws and other country legislation. But it is very difficult to make the distinction between them in real life, in practice. For example, Title VII of the Civil Rights Act of 1964, that set up EEO – Equal Employment Opportunity as powerful law, allows for affirmative action as a method of correction for past people discrimination. At the time, when the concentration of legislation is the ban of discrimination in employment, the After finding out that the employer was involved in illegal employment actions, the court can order to take the employees to his previous workplace.
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