Balancing the Staffing

joyce

We have a diviserified work force albeit causasions outnumber the minorities. When a minority's position is vacation for whatever the reason, are we required to hired another minority for that position? And further, what is, if any, the required or desired "balance" of minorities vs non-minorities for a company with over 50 employees that receives federal funding?

Down_the_Middle

At the risk of trying to tell you how to build an airplane.....the proper "balance" is to ensure that the diversity of your workforce is at least equal to the diversity of your local/recruitment population. You'll seldom be criticized for having a more diverse workforce than the general population in your area, but will likely see criticism if you do not. This is what an affirmative action plan is all about. You might do a little reading on this topic to raise your comfort level and give you assurance of what a reasonable "target" might be.

Gillian

No, you don't have to hire one on one according to race. You should hire the best qualified person regardless of race. As an affirmative action employer (federal funds and more than 50 employees) you are expected to take measures to ensure the inclusion of minorities and females in a way which matches the labor market that you are in. If you do hire a caucasion in place of a minority employee who leaves you should be prepared to justify your decision based upon better qualifications. This is the expectation you would face if you were audited by the Office of Federal Contracts Compliance Agency - the affirmative action agency.

System

I agree with Gillian and Down-the-Middle that your workforce should be at least as diverse as the general population in your area. But be careful how you do it.

Under Title VII, it's illegal to hire one applicant over another because of their race, even if your motive is good. Some call it "reverse discrimination" or quotas. I wouldn't try it without a lawyer.

Instead, you can try to diversity your pool of job applicants. Advertise in newspapers that target minorities, recruit at historically black colleges, etc.

For info, use the search tool at the left side of this page. Do a search for the word diversity. And do another search for the words affirmative action. I think you'll find some usefularticles.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

CuriousG

Joyce-Where is your Affirmative Action Plan? It should contain an Availability and Utilization Analysis that would define for you what your "diveristy" goals are. That is the basic purpose of the analytical side of the AAP.

If you have not prepared an AAP, you need to get started right away. It sounds like you need to educate yourself on this very important obligation of every federal contractor.

Theresa Gegen TX

Anytime your company makes an employment decision based on a person's race or gender, your company is unlawfully discriminating. And guess what, the caucasion and male employees are just as likely to sue for discrimination if they find out. (I've handled several of these cases, and if the manager thinks that he or she has to make the decision on race or gender, it is not unusual for the manager to tell the applicant "I would have selected you, but I was told I had to hire a minority or woman, etc."

Your company should always hire the best qualified employee. The company also needs to make sure that it recruits from a variety of sources, so that the company has applicants that reflect the true job pool.

Good Luck!!

Margaret Morford

CuriousG is right. If you are a government contractor, you need an Affirmative Action Plan(s). If you don't know how to do this or don't have time, I can refer you to someone who can do it for you. Call me if you want a referral.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]