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Affirmative Action Essay

… In terms of the education institutions, t least, worthy students are at risk of being turned away due to these universities and colleges have to meet the quota of accepting certain minority students. These however may be problematic to the university (in terms of behavior or skills) or may not qualify. Accepting them will mean turning away better qualified (and possibly equally needy) White students. This also is unconstitutional since each individual should be judged on the basis of merit alone. In this way, affirmative action should be hedged with conditions and should probably apply more in some circumstances than others. Certainly, academic institutions should accept individuals of minority race, but they should not do so at the detriment of other more worthy students nor…. [read more]


Affirmative Action Essay

… Thus, compliance with affirmative action requirements does not mean attempting to maintain some imaginary golden ratio of diversity, but rather ensuring that policies are in place to preclude unintentional or systemic discrimination based on race, color, religion, gender, and national origin. For example, "such antidiscrimination measures as grievance procedures, formal hiring and promotion systems, and systemic recruitment schemes" are all methods of ensuring compliance with affirmative action, because they eliminate much of ambiguity and human preference that may lead to discrimination in the first place (Kelly & Dobbin, p. 88). The point of affirmative action is not to pretend that someone is deserving of employment regardless of qualification due to his or her existence as part of a historically maligned group, but rather to ensure…. [read more]


Affirmative Action Is an Initiative Essay

… 3. Arguments based on social value

Affirmative action is said to encourage diversity and enables the disadvantaged population to have an easier access to services that are professional as well as correct bias criteria of merit and allow those who have talents yet are marginalized still get the recognized and get equal opportunities.

Rosenfield Michael argues that affirmative action is constitutionally and morally justified as it ensures equal opportunities for all.

Arguments against affirmative action

Arguments that seem not to agree with the policies of affirmative action can be divided into two categories:

1. Those that oppose based on certain moral principles

2. Those that oppose with regards to negative outcomes that could either mean they cause harm or inefficiency.

Arguments based on moral principles…. [read more]


Affirmative Action Has a Long Term Paper

… Business necessity can be justified if it can be shown that safety and operational efficiency will suffer without the selection process in question, and if no viable alternatives are available. Professions that have traditionally justified a selection process, which results in an adverse impact, include law enforcement and military personnel. These professions tend to select for young candidates able to demonstrate physical fitness.

The Impact of Affirmative Action

Although the American workforce still has a long ways to go before it equals the diversity of the populace (Schultz and Schultz 69-75), substantial strides have been made in a few areas. For example, the percentage of women in the workforce has reached 47% (Bureau of Labor Statistics), which is almost equal to the percent of adult…. [read more]


Affirmative Action Essay

… Affirmative action is reverse discrimination, because preferential treatment is given to women and non-whites. Affirmative action enables those who are less qualified to receive admissions or promotions than those who are truly deserving of the positions. Affirmative action creates resentment, and affirmative action prevents non-whites and women from the satisfaction of overcoming adversity.

Many who might benefit from affirmative action, such as non-whites and women, oppose affirmative action policies and therefore support the rebuttal. Froomkin (1998) points out, "while many minorities and women support affirmative action, a growing number say its benefits are no longer worth its side effect: the perception that their success is unearned." Another reason why the rebuttal is a strong one was epitomized by the Bakke case of 1978, in which…. [read more]


Affirmative Action Cornel West Essay

… However, when one considers the institution of chattel slavery that the U.S. was founded upon -- and which was instrumental in the actual building of this country -- one realizes that the slaves of African descent were never compensated for their labor or the wrongful murdering and raping that took place while they in servitude. Slave traders, however, did compensate the rulers in Africa from whom they procured slaves. Yet aside from a brief period of Reconstruction when only cursory attempts were made to assist freedmen, affirmative action was one of the only attempts made in the U.S. To actually restitute the descendants of the slaves who America benefitted from, and who were never compensated in any other way.

In conclusion then, no one, not…. [read more]


Affirmative Action Lit Review Annotated Bibliography

… This can be explained in part according to Riccucci & Moon (2007) by the contention that those making decisions regarding AA and Equal Opportunity (EO) hiring and promotions are still doing so with the application of their own moral judgments rather than again evaluating equally qualified candidates and then choosing the minority to fill the position. The implications of this are also significant t in that the federal government should set the benchmark for how effective AA policy is, as it was the first entity to adopt policy standards associated with civil rights legislation, AA and EO. In an academic example of the same type of investigation, i.e. The effectiveness and/or ineffectiveness of AA policy standards Owens (2010) looks at how minority students are represented…. [read more]


Discrimination and Affirmative Action Essay

… This plan is an integral part of the Selective Placement Program for Persons with Disabilities. All bureau-wide DVAAP plans are due to the Department's EEO Staff a month in advance of OPM's due date." (United States Department of Justice, 2003)

In all of the Affirmative Action programs, women and children as well as minorities are given the same treatment as are disabled individuals and disabled veterans. In other words, the Affirmative Action laws treat women and children as well as minorities as being at the same disadvantage and likely to receive discrimination as if they were indeed disabled. Therefore, women, children and minorities are assigned a type of 'handicap' based on their gender, age or racial or ethnic origin. Therefore, women, children and minorities are…. [read more]


Affirmative Action Essay

… When the management notices that the minority group is not pure in that it does include other people who are not members of the minority group, it ends up stalling reconciliation on this basis. This increases tension between the workers and the management and this tension further hinders reconciliation. This was also well stated by Dr. Thomas Sowell (2004)

who did an empirical study on affirmative action and found that it encourages people who are not members of the minority group to designate themselves as members of the group in order to take advantage of the policies of the group and to benefit from the advantages that will be granted to the minority group. This in turn reduces the incentives given to both the majority…. [read more]


Affirmative Action Research Paper

… Affirmative Action

Over the last 30 years, Affirmative Action has appeared to be one of the most controversial concepts of Civil Rights law. In spite of numerous decisions handed down by the Supreme Court, several Executive Orders, and many laws passed by legislators at the state and federal levels, it continues to be an unsettled area of the law. Even though the expression affirmative action can apply to a number of circumstances, the arena in which it is most often seen is in that of civil rights. Affirmative action has been seen to offer a unique enhancement to eligible minorities, women, and people who are disabled in order to atone for past prejudice or for their under representation in a particular environment. Affirmative action agendas…. [read more]


Is Affirmative Action Necessary in the 21st Century? Term Paper

… Affirmative Action in the 21st Century:

Affirmative action is one of the most divisive and controversial issue in the United States as it has continued to raise numerous debates between proponents and opponents. The proponents of affirmative action assert that it's necessary for equality while the opponents argue that its programs are completely opposed to the American ideals of individual rights based on its definition. However, much of the controversy surrounding affirmative action is attributed to the failure to differentiate between fair share and fair play. Consequently, the United States is caught up with justice since fairness contributes to many questions in the minds of several people who are not familiar with the original aims and objectives of affirmative action that focused mainly on justice…. [read more]


Affirmative Action/Equal Opportunity the Policies Term Paper

… The affirmative action is considered to be socially disruptive as it supports the social divisions. "The affirmative action strives to divide citizens into different groups rather than emphasizing on equal treatments and granting the deserving respect on the basis of merit" (Ezorsky, 1991) This has a gloomy consequence of predicting an intimidating atmosphere with each of the groups accusing others and throwing abuses. (Ezorsky, 1991)

Again simply identifying a group as a beneficiary for special privileges does not entail a particular member of that group the necessary right to have special treatment. The process also involves a cyclical process whereby the positions evacuated by moving up of a specially benefited member of the group through affirmative action, is again to be filled in by another…. [read more]


Affirmative Action: Elements, Features, and Controversies Essay

… All the same, states usually have rules governing these small organizations, and it is therefore favorable for one to simply avoid employment discrimination, or any perception of the same (Bennett-Alexander & Hartman, 2012).

The Elements of Affirmative Action

Affirmative action, whether voluntary or mandatory, comprises of four main elements; commitment, record-keeping, analysis, and outreach (Nebraska Advisory Committee, 1979). Any organization that meets the threshold for engaging in affirmative action, be it in the private or the public sector, has to develop a written affirmative action plan, also referred to as AAP, and present the same to the relevant enforcement agency (Nebraska Advisory Committee, 1979). Moreover, organizations should review their AAPs whenever questions or complaints arise regarding the same. This is referred to as mandatory affirmative…. [read more]


Equal Employment Opportunity Affirmative Action Thesis

… Equal Employment Opportunity, Affirmative Action

Affirmative Action

This brief study examines the issue of the policies of Affirmative Action and the policies of the Equal Employment Opportunity Commission. Findings in this brief study demonstrate that Affirmative Action policies are outdated and are in a need of review due to the unforeseen and reverse discrimination perpetrated by these policies which were intended to mitigate and eradicate discriminatory practices.

EQUAL EMPLOYMENT OPPORTUNITY, AFFIRMATIVE ACTION and

HUMAN RESOURCE ManagementS ROLE

Human Resource Management's role is critically important in terms of the equal opportunity for employment and specifically in regards to affirmative action in the hiring process as well as in other areas of relations with employees of the organization. Affirmative Action was very important and greatly needed at…. [read more]


Affirmative Action in the Public and Private Term Paper

… Affirmative Action in the Public and Private Sector

Affirmative action has taken on many meanings for different people over the course of time. It can be defined as a proactive approach to removing barriers that prevent any person from having an equal opportunity based on discriminatory practices (Soni, 1999). This approach is aimed at overcoming lingering barriers and disadvantages that exist due to past discrimination (Lee, 1999). Discrimination has been defined as treating persons differently based on classifications that are outside of their individual qualifications and merit (Soni, 1999). In contrast to equal employment opportunity (EE0), which takes a reactive nondiscrimination approach, affirmative action is aimed at finding ways to increase the presence of a diverse workforce (Soni, 1999).

The goal of affirmative action programs…. [read more]


Affirmative Action and Race Relations Research Proposal

… Affirmative Action and Race Relations

Affirmative action, in higher education and elsewhere has been a hotly debated issue, since its inception, among a group of minority faculty and faculty organization from U.S. law schools conceived of the need for forcing social change through guided plans and procedures that would make up for missing opportunities for racial minorities, a year prior to Martin Luther King Jr.'s assassination. (Sander, 2004, p. 367) Since then there have been many legal challenges to affirmative action, the moniker given to the general guide of the plan, which was tailored significantly by nearly every university and many other institutions independently. The specific and individual affirmative action plans, of many institutions have been challenged, supported, challenged and struck down in several supreme…. [read more]


Affirmative Action - Historical Review Research Proposal

… Affirmative Action - Historical Review

Affirmative Action is defined as the "set of public policies and initiative designed to help eliminate past and present discrimination based on race, color, religion, sex, or national origin." (National Organization for Women, 1995) the Civil Rights programs were enacted originally to enable African-Americans to become full citizens of the United States. The phrase 'affirmative action' was first used by President John F. Kennedy in his 1961 executive Order 10925 which made it a requirement that federal contractors "take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color or national origin. Institutions and organizations with affirmative action policies "set goals and timetables for increased diversity - and…. [read more]


Pros and Cons of Affirmative Action and Why it Is Misunderstood Term Paper

… ¶ … Affirmative Action, and Why it Is Misunderstood

Affirmative Action

Affirmative Action (U.S. English), or positive discrimination (British English), is a policy or a program providing advantages for people of a minority group who are seen to have traditionally been discriminated against, with the aim of creating a more egalitarian society. This consists of preferential access to education, employment, health care, or social welfare.

In employment, affirmative action may also be known as employment equity. In this context affirmative action requires that institutions increase hiring and promotion of candidates of mandated groups.

Affirmative action is controversial, and critics often regard affirmative action as racialism and reverse discrimination, arguing that it takes a situational stand against racial/gender preference (supporting it in some situations but not…. [read more]


Affirmative Action in Hiring Affrimative Research Paper

… Affirmative Action in Hiring

Affrimative Action In Hiring

An Analysis of Affirmative Action in the Hiring Process

The human resources department of an organization/agency can be one of the most challenging to run in the organization. Decisions will constantly be made this department that will affect the character and composition of the company. Among those decisions is whether to implement an Affirmative Action Plan. Affirmative action was approved by the United States Supreme Court in 1978 in the case of the University of California Regents v. Bakke. Since then and throughout the years, it has remained the center of heated debates and discussions. While cases on affirmative action have come before the Supreme Court numerous times since the Bakke, the Supreme Court has ultimately failed…. [read more]


Affirmative Action Research Proposal

… Affirmative Action

The impact of Affirmative Action on the Professional Success of African-American MBA Graduates

BASE THEORY:

Affirmative action as it stands in the professional and business sphere has generated a wide spectrum of controversy. Antipathetic views have flourished over the years arguing that African-American MBA graduates should receive similar treatment and meet the standard criteria for admission into business organizations. The inimical perspective is that affirmative action in a sense gradually introduces reverse discrimination against the majority. "Those who believe Affirmative Action's time is limited are of three minds. Some believe that discontinuing affirmative action would be a mistake-whenever that might be. Others see discontinuation is long overdue. Still others see affirmative action as a current necessity whose life expectancy is limited." (Roosevelt, 2004,…. [read more]


Affirmative Action: Why We Need Essay

… 18-9). Since then affirmative action has been intensely debated in other Court decisions, by government officials, media commentators, and ordinary people, each group insisting on the righteousness of their positions.

According to Rosenfeld (1991), the intensity of the debate stems from the fact that all participants believe that "they are engaged in an important moral debate concerning fundamental notions of justice and equality" and both foes and advocates of affirmative action "loudly proclaim their allegiance to the ideal of equality" (p. 2). Foes of affirmative action argue that all members of the society, including white males, should be treated equally. They argue that preferential treatment of minorities and women is as unjust as the preferential treatment of white males. Advocates of affirmative action counter this…. [read more]


Affirmative Action Is an Issue Thesis

… Affirmative action is an issue that has garnered a great deal of discussion in recent years. Ever since the inception of affirmative action in America, affiliated policies have been embroiled in controversy. In recent years one of the primary complaints about affirmative action policies is that they are no longer needed because segregation and other factors that made such policies necessary no longer exist. As such in some states and at some institutions affirmative action policies have been abandoned.

The purpose of this discussion is to explore the issue of affirmative action. The research will focus on the various opinions associated with affirmative action policies. The research will expose the advantages and disadvantages associated with affirmative action. The investigation will also focus on the ways…. [read more]


Affirmative Action Recommendation Term Paper

… Affirmative Action Recommendation for Affirmative Action

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin, and further legislative acts have also prohibited discrimination based upon gender, age, and disability status. To remain in strict compliance with these laws, it would behoove this organization to instate a policy of affirmative action, to create both the appearance and the reality of a diverse organization. It is also worth remembering that the Civil Rights Act of 1991 provides monetary damages to wronged defendants in cases of intentional employment discrimination ("Federal Equal Opportunity Laws," 2007, the U.S. Equal Employment Opportunity). An organization even perceived to be discriminatory can be the subject of damaging lawsuits, and the organization…. [read more]


Employment Law Policies Thesis

… Employment Law Policies

Employee Policy

Employment Relationship: At will-employment and termination

This company hires employees on an at-will basis, which means that the company or the employee may terminate the employment relationship at any time and for any reason not prohibited by law, without penalties to either party. Employees will be subject to a tiered disciplinary system and subject to termination for violation of company policies. Acknowledgment of receipt of this employee handbook means that the employee agrees to the at-will terms of the employment policy.

Testing

This workplace engages in random drug testing for its employees at an off-site testing facility and screens all applicants before hiring. Refusal to submit to random drug testing is grounds for immediate termination. If an employee fails a…. [read more]


Affirmative Action Term Paper

… e. access to resources for everyone regardless of his color, race or creed. The author explains why despite the apparent similarities, he feels there exist some deep differences between the two and proves with the help of sound arguments that affirmative action is a better law than equal employment opportunity initiative. I personally believe that while other laws that seek to reward merit regardless of color and race are passive in nature and require more or less no active measures from those adopt them, affirmative action is an active initiative. The fact that it is active and requires concrete actions from all concerned parties is what makes affirmative action a more powerful and effective policy. When people are forced to participate in the creation of…. [read more]


Affirmative Action Has Been a Contentious Issue Term Paper

… Affirmative Action has been a contentious issue in the United States ever since its inception. Although the main aim of the institution has always been to redress the inequalities and unfairness towards African-Americans and other groups in the past, its opponents have increasingly begun to claim that affirmative action is no less than reverse racism. The basis of this claim is that affirmative action programs are seen to provide advantages to certain groups of people, primarily based upon race. As the constitution expressly forbids such discrimination, affirmative action has been said to be unconstitutional. Specifically, affirmative action programs in educational institutions have been under the spotlight in this regard. Authors such as Richard Bernstein and Ronald Dworkin advocate the widely divergent viewpoints currently prevailing on…. [read more]


Affirmative Action at Disney Company the Walt Thesis

… Affirmative Action at Disney Company

The Walt Disney Company has struggled with and often been involved with litigation over a lack of diversity in hiring practices, both in its theme parks and throughout its many entertainment businesses. Claims that the company ignores Affirmative Action (AA) initiatives at its theme parks (Van Maanen, 1991) has led to the company being required to perform Equal Employment Opportunity Commission (EEOC) audits periodically to ensure compliance to AA initiatives. The intent of this paper is to evaluate how The Disney Company has managed the litigation surrounding their AA violations and the steps they have taken to ensure EEOC audit compliance.

Disney Diversity Initiatives Defined As A Result of EEOC Audits

In addition to the reported violations throughout their theme…. [read more]


Equal Pay Act (EPA) No Employer Thesis

… Equal Pay Act (EPA)

No employer having employees subject to any provisions of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance of which requires equal skill, effort, and responsibility..."

Equal Pay Act of 1963 (Pub. L. 88-38)

The right of employees to be free from discrimination in their compensation is protected under several federal laws, including the following enforced by the U.S. Equal Employment Opportunity Commission (EEOC): the Equal Pay Act of 1963,

Title VII of the…. [read more]


Employment Law Part a In Gilmer v Term Paper

… Employment Law

Part a in Gilmer v. Interstate/Johnson 500 U.S. 20 (1991), Petitioner Robert Gilmer, a securities representative with the New York Stock Exchange, was required to register as a securities representative by his employer. Mr. Gilmer's application contained a clause that stated his agreement to arbitrate any and all controversies "arising out of a registered representative's employment or termination of employment." At the age of sixty-two, Employer terminated Gilmer and Gilmer subsequently filed a charge with the Equal Employment Opportunity Commission alleging he was terminated in violation of the Age Discrimination in Employment Act. According to the registration agreement, Employer moved to have the court compel that the matter be heard in mandatory arbitration. The Supreme Court ultimately ruled that arbitration was mandatory.

In…. [read more]


Affirmative Action in Hiring Term Paper

… It does not matter what the audience ratings for the station are. This has reduced the income of these stations by an average of 63%. The practice is very widespread as 91% of the broadcasters targeted to these segments had experienced NUD according to the results of the survey. (Advertisers avoid Black Media) Thus it is clear that there are some practical difficulties for the advertising industry to give opportunities to the deserving candidates from the minority communities. For some people, at sometime, the truth may be unpalatable.

There is confirmation through the FCC report that some advertising decisions are still being influenced by old stereotyped thinking like "prospects not suspects." The study was authored by Ofori who said that the client was presented with…. [read more]

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