Affirmative Action
Lori1
29 Posts
I am involved in a research project regarding affirmative action and leveling the playing field for minorities and I thought this would be a great place to hear some thoughts from the employers forum since it reaches nationwide. Any thoughts would be greatly appreciated. Thank you all
Comments
What kind of information are you looking for?
This is a subject that I love to discuss, but believe me it would take more than a few sentences on the forum to really get an understanding of the many issues involved.
>only needed when disparate impact or disparate treatment has resulted
>in the exclusion or discrimination of a group/class of people
>(minorities, women, handicapped) for no other reason than that they
>belong to the group." >
>
AAP are required if you are a government contractor, regardless of whether disparate impact has occured.
"I think of affirmative action as a management
>tool to be used to make sure equal opportunity is in fact practiced by
>the company so that we will have a "balanced" workforce where everyone
>feels heard. My preference is that it (a plan) be voluntary, however,
>I am not opposed to requiring a structured program if needed."
If you are not a government contractor or otherwise required to have an AAP, my suggestion is don't. It is good to have a diversity program, but AAP are time consuming and labor intensive-you also open your company to scrutiny that wouldn't otherwise exist.
Your followup question about 'what if' we didn't have formal AAPs I would answer this way. If we didn't have The Older Worker Protection Act and the Age Discrimination in Employment Act, would people quit hiring older workers? If we didn't have the Pregnancy Discrimation Act, would employers kick out all the pregnant women? If we didn't have the Equal Pay Act, would employers pay women half what they pay men suddenly? If we didn't have ADA, would employers rip off their access walks and bars? If we didn't have Title VII, would all the minorities be dismissed? If there were no Immigration Reform & Control Act, would people flood across our Southern borders in violation of the law? People who are intent on doing wrong things will continue to do wrong things, perhaps more subversively. People who don't like a law will find a subtle way to do an end run around it. None of these laws ensures that wrong things will not be done. The laws only provide for sanctions when wrong is done. Some employers will never hire someone over 50 and others will never hire a female and will find a way to terminate her if she gets pregnant. Affirmative Action, and we're a government contractor, is a monstrous requirement that, if written and maintained properly, costs an honest employer at least .25 of one staff position. Is that a reasonable expense for an honest employer to slice off his bottom line? Is it reasonable that an honest employer divert bottom line money to the maintenance of an AAP and add that cost to the cost of the items you purchase? We just passed an AAP Formal Audit. Not counting the hours upon hours we spent writing the program, implementing, monitoring and reporting on it, the research, copying time, production time, mailing costs and related expenses really totalled up. You spoke of 'levelled playing fields'. That was once a buzz phrase but has become largely irrelevant. Nothing levels playing fields other than honest people doing right things and that equation does not require government intervention, so the playing field levels itself and needs no manipulation by smoke and mirrors and committees and congressional staffers. I'll quit now.
Having said all that, and with each of you thinking wrongly that you know where old Don D. stands on this; let me also say this: Congress and Courts have determined that it is the will of the people in this country to do certain things related to the demographics and behaviors of the workplace in general. It is probably a fact that the only way for a society to ensure that those desires are achieved is through the establish of sets of rules. The only way to publish the rules, pass out the playbooks and announce the penalties is through the publishing and enactment of laws. That is where we find ourselves.
PS: I never agreed to any rules about not stepping on anyones toes. I don't have the time to try to dance around that. Nor do I find anybody worrying about my own. x:-0
You are correct, there are lots of regulations and honestly I can see why those of us who have to administer these programs get weary. That does not mean, however, that I agree that they are a waste of time, energy or resources. Being a victim of discrimination is a lot more than just a hurting thing. And yes, I feel we can be discriminating in our choices of employees and employers, without sanctioning unlawful discrimination.
I am fully aware of the affirmative action obligations if employers do business with the federal government (Federal Rehabilitation Act of 1973, Vietnam Era Veterans' Readjustment Assistance Act of 1974, Executive Order 11246, etc. And then there are state requirements, as well. Requirements can vary depending on whether the contract is in excess of $10,000 or $50,000, and President Bush last year amended a law increasing the threshold from $25,000 to $100,000 . . .
some contracts require a cursory EOE clause and some a formal written plan with all kinds of documentation, and on and on. I did not go into that in my first post because I thought you just wanted our personal (HR) take on these issues.
Yes, I personally feel that affirmative action plans can be useful in certain circumstances. Currently these targets groups that may be underrepresented or discriminated against (not just racial minorities, which seems to be the sticking point for lots of people). However, I am much more pro-diversity initiatives - as long as the emphasis is on education/understanding/acceptance of ALL.
While I accept the upset of those who may feel some of these programs and laws are no longer useful or needed, I do not agree. Yes they can be onerous. We all have differing experiences which make us think and act the way we do about these issues. No, the degree of discrimination will never return to the days of yesteryear because there are too many people who understand that it taints us all and keeps the country from progressing. That being said I would never agree to leave it up to the individual to "do the right thing" and if they don't so what.
I feel these things deeply and honestly. Others may feel otherwise without any criticism from me. Just don't step on my shoes, please.
My thoughts are: Do what's right, monitor your workplace, keep your eyes open for trouble spots, and deal with them as necessary, and that's applicable for all employment laws.