University of Phoenix
September 13, 2010
According to the Stanford Encyclopedia of Philosophy, “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” (Fullinwider, 2009). The following paragraphs will discuss what employers are subject to affirmative action plans, what employers are required to do under affirmative action plans, and what happens if employers do not meet the goals of the affirmative action ...view middle of the document...
Throughout the years there has been much controversy regarding affirmative action plans. Some of the myths surrounding affirmative action plans are as follows:
• Affirmative action requires employers to remove qualified whites and males from their jobs and give these jobs to minorities and women whether they are qualified or not.
• Affirmative action prevents employers from hiring white males who are more qualified for the job.
• Under affirmative action, all an employee must be is a female or a minority to be placed in a job.
• Most employees who obtain jobs under affirmative action plans are unqualified for the job.
• Workplace productivity and efficiency always suffer under affirmative action plans.
• There should be no affirmative action because the best person is always the one who gets the job (Bennett-Alexander, & Hartman, 2007, p. 184).
Despite all of these rumors, affirmative action is not a law that requires quotas or hiring persons who are not qualified for the position in question. In reality, affirmative action is a law that requires employers to hire women and other minorities who are fully qualified for the position he or she is applying for.
Executive Order 11246 requires that contractors who are underrepresented by women and other minorities agree to take the necessary steps to ensure that they are more equally represented. If the employer refuses to correct this underrepresentation, he or she will be debarred or prohibited from participating in future government contracts. Although this type of action is rare, Title VII does provide for court ordered affirmative action. Federal contractors and subcontractors providing goods and services of $10,000 or more agree to the following:
• Post in conspicuous places, available to employees and applicants, notices provided by the contracting officer setting forth the provisions of the nondiscrimination clause.
• Include in all the contractor’s solicitations or advertisements for employees a statement that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, or national origin.
• Include a statement of these obligations in all subcontracts or purchase orders, unless exempted, which will be binding on each subcontractor or vendor.
• Furnish all information and reports required by the executive order and the implementing regulations, and permit access to the contractor’s or subcontractor’s books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with the executive order and its regulations (Bennett-Alexander &...