Affirmative Action Plans

1
Affirmative Action Plans

• Private Sector Key Court Case Steelworkers v.
  Weber voluntary plan
• Public Sector Johnson v. Santa Clara County
  Transportation Agency Consideration of sex in
  AAPs
• Executive Order 11246 AAPs Government
  Administration Requirements

2
Steelworkers v. Weber

• Permissible affirmative action plans
• 1. The affirmative action must be in connection
  with a plan.
• Must be a showing that it is justified as a
  remedial measure self-analysis necessary to
  identify imbalances.
• Must be voluntary.
• Must not unnecessarily trammel the interests of
  whites.
• The plan must be temporary.

3
Executive Order 11246

• Charged the Secretary of Labor with supervision
  coordinating the compliance activities of federal
  agencies established OFCCP
• Each contract the federal govt. awards amounting
  to 10,000 or more must contain an equal
  employment clause binding on the contractor or
  subcontractor.
• Service and supply contractors and subcontractors
  having 50 or more employees a contract
  exceeding 50,000 must develop a written
  affirmative action plan for increased utilization
  of women and minorities.

4
OFCCP Affirmative Action Requirements

• Contractors must develop an organizational
  profile job group analysis.
• Must use current and discrete statistical
  information available to compare the
  representation of minorities women in the
  workforce with the estimated availability of
  minorities women qualified to be employed in a
  reasonable recruitment area.

5

• Underutilization difference between
  availability incumbency used to establish
  placement goals.
• Underutilization rules any difference rule
  80 rule.
• Placement goals may not be used to supersede
  merit selection principles and no contractor is
  required to hire a less qualified person in
  preference to a more qualified person.

6

• Construction Contracts uses SMSA data to set
  minority goals and timetables for covered
  geographic areas.
• Sanctions contractors are required to make a
  good faith effort to comply OFCCP authorized
  to debar a firm from participating in
  government contracts.

7
Other Remedy Options

• District Court action under the CRA of 1866
• Private grievance and arbitration proceedings
• NLRA unfair labor practice proceedings.

8
Reverse Discrimination Affirmative Action Plans

• Court Cases
• Jurgens v. Thomas at the EEOC preferences of
  this plan were not temporary unnecessarily
  trammeled the interests of the plaintiffs
• San Francisco Police Officers Assn v. City
  County of San Francisco re-scoring promotional
  tests unnecessarily trammeled the interest of
  white male police officers
• Hopp v. Pittsburgh -