Affirmative Action in the Private and Public Sector
University of Phoenix
Employment Law
HRM/ 434
CWH09HRM06
Mr. Jemal K. Yarbrough
August 18, 2009
Affirmative Action in the Private and Public Sector Introduction Affirmative Action is constantly seen as an unfair intentional treatment to classes not protected by anti-discrimination laws. This paper will describe the elements of affirmative action and how it applies to employees in the private and public sector. It will also show how affirmative action interacts with Title VII requirements of Equal Employment Opportunity. Why Affirmative Action By Definition affirmative action is the intentional inclusion of women and minorities in the workplace based on a finding of their previous exclusion. (Bennett-Alexander, & Hartman, 2007, p. 2). This means that based on a trending exclusion of minorities a workplace can be in violation of Title VII Equal Employment Opportunity Act. Yet, not all employers are subject to Affirmative Action, and not all minorities are to be given jobs that they do not qualify for. Affirmative Action applies to employers that have 50 or ore employees who have contracts with the federal government of goods or services worth $50,000 or more. These employers are subject to affirmative action under executive order 11246, “which makes federal contractors subject to not discriminate in the hiring, termination, promotion, pay and all other employment terms on the basis of race, color, religion, gender, or national origin”. Pg 9 para. 3 Certain contracts subject to Order 11246 require that under representation of minorities be remedied in order to continue contract with the government. In addition contractors with contracts of $10,000 or more, and subcontractors must also comply with the executive order provisions. For employers that fall on the 50 employee and $50,000 or more contracts, they must develop a
References: Bennett-Alexander, D.D., & Hartman, L. P. (2007). Employment Law for Business (5th ed.). The McGraw-Hill Companies from university of Phoenix, Chapter 4 Week Three, HRM 434.