Affirmative Action

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Affirmative Action

• Presented By
• Aldo Cantellano, Chris Handrahan,
• Elliot Lauber, Jon Lyga
• Provided to the Pompton Lakes Public School Staff
  Inservice Day

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Objectives of Presentation

• To understand the definition of affirmative
  action,
• The history of affirmative action,
• Arguments for affirmative action,
• Arguments against affirmative action,
• A Famous Quotation often misinterpreted,
• Federal State Laws

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Definition of Affirmative Action

• A policy or a program that seeks to redress past
  discrimination through active measures to ensure
  equal opportunity, as in education and
  employment.
• Source www.dictionary.com

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Timeline of Affirmative Action Events

• March 6th 1961 Executive Order 10925
• John F. Kennedy issued the first executive order,
  which makes reference to affirmative action.
• Created the Committee on Equal Employment
  Opportunity, which says that any projects
  financed with federal funds take affirmative
  action to ensure that hiring and employment
  actions are free from racial bias.

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Timeline continued

• July 2nd 1964 Civil Rights Act
• Prohibits discrimination based on race, color,
  religion, or national origin.
• Signed by President Lyndon B. Johnson

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Timeline continued

• September 24th 1965 Executive Order 11246
• Requires government contractors to consider
  perspective minority employees while hiring for
  jobs.
• This order also requires documentation of these
  efforts.
• On October 13th 1967, this order was amended to
  include gender discrimination.

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Timeline continued

• June 28th 1978 Regents of the University of
  California vs. Bakke
• A Supreme Court decision that set a precedent
  that affirmative action should not lead to
  reverse discrimination.
• A majority group will not be discriminated due to
  providing greater opportunities to minorities.

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Timeline continued

• February 25th 1987 United States vs. Paradise
• A federal court found that the State of Alabama
  Department of Public Safety systematically
  discriminated against blacks in their hiring
  practices.
• In 37 years, the department never hired a black
  trooper.
• The court ruled for every white hired or
  promoted, one black should also be hired or
  promoted until at least 25 of the upper ranks of
  the department were composed of blacks.

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Timeline continued

• November 3rd 1997 Proposition 209 (California)
• The state shall not discriminate against, or
  grant preferential treatment to, any individual
  or group on the basis of race, sex, color,
  ethnicity, or national origin in the operation of
  public employment, public education, or public
  contracting.

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Timeline continued

• December 13th 2000 University of Michigan
  affirmative action policy upheld
• In Gratz vs. Bollinger, a federal judge ruled
  using race as a factor in admissions was
  constitutional.
• The University of Michigans argument was that by
  providing minorities with preferences, it
  enhanced the universitys diversity and student
  body.

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Arguments For Affirmative Action

• There has been discrimination in the past and
  affirmative action levels the playing field
• Affirmative action would increase minority
  representation in the workforce

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Pros for Affirmative Action cont

• Past discrimination has created an unequal
  society. Therefore, some minority classes have
  less income and fewer opportunities. Affirmative
  action would increase the number of opportunities
  available for minorities.
• Discrimination still exists! Our society is not
  yet totally colorblind.

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Pros of Affirmative Action cont

• Hiring different cultures would contribute to a
  diverse workforce
• Example Hiring a black police officer in a black
  neighborhood would be a great idea. Since the
  much of the population is black, a black officer
  would be able to easily relate to a black
  population.
• Wouldnt a black teen feel more comfortable
  talking to a black police officer?
• A diverse University would help students better
  learn by exposing them to different cultures and
  views.

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Arguments Against Affirmative Action

• Opponents of affirmative action say that
  affirmative action and its preferences have
  become a crippling crutch
• Some minorities may try to take advantage of
  their minority status. They may obtain a job,
  but not have the ability to do the job as well as
  a non-minority would because of affirmative
  action.

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Cons of Affirmative Action cont

• There is often a social stigma attached to
  affirmative action.
• Non-minorities may think a minority was hired
  just because the color of their skin or their
  gender.
• Affirmative action leads to increased color
  consciousness and racial hostility between
  groups.
• Affirmative action may create tension in the
  workplace and people may not be judged on merit.

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Cons of Affirmative Action cont

• Affirmative action and its race and gender
  classifications can harm those they intended to
  help by stigmatizing them, destroying their
  self-confidence while leading everyone to believe
  they cannot compete on their own merit.

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Cons of Affirmative Action cont

• The best, or most qualified person may not obtain
  a job, admission into a university, etc. because
  of affirmative action.
• Therefore, someone may score higher on an ACT or
  SAT test, but still lose admission to a higher
  education school of their choice because of
  affirmative action policies.

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Cons of Affirmative Action cont

• Some people argue that affirmative action may not
  be necessary because the trajectory of U.S.
  history shows that previously excluded persons
  are being increasingly included, so
  discrimination is not enough to require policies
  such as affirmative action, which have serious
  side effects.

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What Do You Think?

• Are there any arguments for or against
  affirmative action that you feel were left out?
• Are there side effects to affirmative action
  policies?
• If you have an argument for, or against,
  affirmative action please feel free to share your
  viewpoint.

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An extremely famous quotation

• I look to a day when people will not be judged
  by the color of their skin, but by the content of
  their character.
• Dr. Martin Luther King Jr.

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The King also states in some of his other
speeches.

• Morality cannot be legislated, but behavior can
  be regulated. Judicial decrees may not change
  the heart, but they can restrain the heartless.
  The law cannot make an employer love an employee,
  but it can prevent him from refusing to hire me
  because of the color of my skin.

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King Quotes cont

• A society that has done something special
  against the Negro for hundreds of years must now
  do something for the Negro
• Whenever the issue of compensatory treatment for
  the Negro is raised, some of our friends recoil
  in horror. The Negro should be granted equality,
  they agree but he should ask for nothing more.
  On the surface this appears reasonable, but it is
  not realistic.

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What Do you Think?

• After reading these quotes how would you
  interpret Martin Luther King Jr.s I have a
  Dream speech?
• Does he oppose affirmative action?
• Is affirmative action necessary?
• What is your opinion?

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Federal and State Laws and Policies

• Employment at Will
• In Wisconsin, an employer may discharge an
  employee for good reason, no reason, or even a
  reason that is morally wrong, without committing
  a legal wrong.

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Federal and State Laws Policies

• Employment at Will
• Applies when there is no collective bargaining
  agreement
• No individual employee contract
• No public policy exemption to the rule
• Example Does not break a law
• No legal or discriminatory reason

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1964 Civil Rights Act

• Forbids discrimination in all acts of employment
  on the basis of race, color, religion, sex or
  national origin.
• The law states, It shall be an unlawful
  employment practice for an employer to hire or
  discharge any individual with respect to his
  compensation, terms, conditions, or privileges of
  employment because of an individuals race, color,
  religion, sex, or national origin.
• Note This federal law only applies to employers
  with 15 or more employees.

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Disparate treatment or intentionaldiscriminati
on must be established by the employee.
Employees have to prove several things

• -The employee has to be a member of a protected
  class.
• -The employee must demonstrate that he or she is
  qualified for the job.
• -They must also show job rejection, and that
  their employer continued to seek applications
  from others.

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Age Discrimination (1967)

• The Age Discrimination Employment Act promotes
  the retention of older employees on their
  ability, rather than their age. It begins at the
  age of 40.
• For example Someone cannot be forced into
  retirement because of old age or require an older
  employee to pass a physical exam that is not
  related to the job.
• Note This law only applies to organizations with
  20 or more employees.

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Exceptions to Age Discrimination

• There can be many defenses to an age
  discrimination suit. There are mandatory
  retirement policies for police, prison guards,
  and firefighters.
• Please note
• Seniority layoffs do not violate the law.
• Voluntary early retirement programs are legal

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Religion or Creed Discrimination

• Title VII of the Civil Rights Act of 1964 states
  an employer must reasonably accommodate the
  religious practices of their employees unless
  this would create an undue hardship.
• For example It may be an undue hardship for a
  Bar, which is very busy on weekends, to hire
  someone whos religion does not allow them to
  work on weekends.

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Same Religion Exemption

• It is not employment discrimination because of
  creed for a religious organization to give
  preference to an applicant or employee who is a
  member of the same or similar religious
  denomination
• Example Marquette University (Catholic) may
  give preference to hire teachers who are Catholic.

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Some Defenses to Claims of Illegal Discrimination

• Business Necessity
• -A certain level of experience or skill may be
  necessary for some jobs.
• -Education achievement may be necessary for
  some jobs
• -If tests are given, they must relate to the job.
• Example A janitor should not be required to pass
  a physics test as a condition of employment.

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Defenses cont

• Bona Fide Seniority
• A layoff based on seniority could be a legitimate
  defense.
• Also when considering layoffs, recall,
  promotions, sick leave, and vacation time,
  seniority may be considered.

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Defenses cont

• Bona Fide Occupational Qualification
• Certain genders may be better qualified for
  certain jobs.
• Example This defense would allow a movie
  producer to hire a male to play the part of the
  leading man in an upcoming movie.
• Example This defense would also allow a female
  topless bar to solicit applications from only
  females.

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BE EXTREMELY CAREFUL!

• Our group felt that we needed to provide
  information on state and federal laws regarding
  affirmative action. None of the members of our
  group are lawyers so we do not wish to be
  responsible for any information that may be
  incorrect. However, we feel the information we
  provided is accurate and will help you better
  understand some of the legal aspects associated
  with affirmative action policies.

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In Conclusion

• This presentation is not an argument for or
  against affirmative action. Our hope is to make
  you aware, as future managers and supervisors,
  the issues and legislations surrounding the
  issue. The best way to deal with a potential
  issue is to first be educated about it!

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PLPS AA Policies
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PLPS AA Policies
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PLPS AA Policies
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