Chapter 5 Flashcards
underrepresentation or underutilization 226
significantly fewer minorities or woman in the workplace then relevant statistics indicate are available or their qualifications indicate they should be working at better jobs
1865—The Thirteenth Amendment to the Constitution abolishes slavery. 204
•Shortly thereafter, Slave Codes are replaced by Black Codes. •After federal troops, which came to the South to make sure slavery actually ended, leave 11 years later (the period called Reconstruction), the Ku Klux Klan (KKK) rises and enforces Jim Crow laws keeping blacks in very much the same position they had been in during slavery. •This continues for the next 100 years, except for public school segregation, which is outlawed by the U.S. Supreme Court in 1954. Page 205 •Segregation is so strict that, in 1959, Alabama state librarian Emily Reed is fired for refusing to remove from the library the children’s book A Rabbit’s Wedding, despite demands of state senators who say it (and other books like it) should be removed and burned because the groom was a black bunny and the bride was a white bunny.
affirmative action plans 224
must be developed according to the rules set forth in the Code of Federal Regulations
1979—First workplace affirmative action case decided by the U.S. Supreme Court. 205
•The Court determines that affirmative action is a viable means of effectuating the law and addressing present-day vestiges of the 346-year system that kept African-Americans subjugated. •Perspective: The Village People’s hit single “Y.M.C.A.” sweeps the country.
affirmative action plan should be considered
a management tool—an integral part of the way a corporation conducts its business … to encourage self-evaluation in every aspect of an employment by establishing systems to monitor and examine the contractor’s employment decisions and compensation systems to ensure that they are free of discrimination
Affirmative Action
203
Intentional inclusion of women and minorities in the workplace based on a finding of their previous exclusion and/or to address existing discrimination
Penalties for noncompliance
- publishing the names of nonconforming contractors or labor unions - recommending to the EEO or the DOJ that proceedings be instituted under title VII - requesting that the attorney general bring suit to enforce the executive order in cases of actual or threatened substantial violations of the contractual EEO clause - recommending to the DOJ that criminal proceedings be initiated for furnishing false information to a contracting agency or the secretary of labor - canceling, termination, or suspending the contract, or any portion thereof, for failure of the contractor or subcontractor to comply with the non discrimination provisions of the contract ( this may be done absolutely, or continuance may be conditioned on a program for future compliance approved by the contracting agency). - debarring the noncomplying contractor from entering into further government contracts until the contractor has satisfied the secretary that it will abide by the provisions of the order
corporate management compliance evaluation 229
evaluations of mid and senior level employee advancement for artificial barriers to advancement of women and minorities
job group analysis 226
combines job titles with similar content, wage rates, and opportunities
judicial affirmative action 231
affirmative action ordered by a court as a remedy for discrimination found by the court to have occurred rather than arising from executive order 11246
1865—The Civil War ends. 204
The war had begun four years earlier in 1861 to prevent the South from leaving the Union and establishing its own country in which slavery was permitted.
1965—Civil Rights Act of 1964 205
becomes effective; the Voting Rights Act of 1965 is passed, allowing African-Americans to vote for the first time since Reconstruction. •The country is to go from 346 years of treating African-Americans as separate and inferior to being required by law to treat them as equals. •The Temptations’ “My Girl” is a Billboard chart-topper.
affirmative action plans quantitative aspects
The quantitative part of the plan examines the contractor’s workplace to get a snapshot, of sorts, of who works there and in what capacity, as it relates to minorities and women. Minority categories include African-American, Hispanic, Asian/Pacific Islander, and American Indian/Alaskan Native
organizational profile 226
staffing patterns showing organizational units; their relationship to each other; and gender, race and ethnic composition
The agency (OFCCP) said that “a central premise for affirmative action 225
underlying affirmative action is that, absent discrimination, over time a contractor’s workforce, generally, will reflect the gender, racial and ethnic profile of the labor pools from which the contractor recruits and selects
availability 226
minorities and women in a geographic area who are qualified for a particular position
An affirmative action program includes: 225
those policies, practices, and procedures that the contractor implements to ensure that all qualified applicants and employees are receiving an equal opportunity for recruitment, selection, advancement, and every other term and privilege associated with employment
valuing diversity 240
learning to accept and appreciate those who are different from the majority and value their contributions to the workplace
affirmative action plans qualitative aspects
sets out a course of action for how to address any underrepresentation, underutilization, or other problems found
affirmative action law was designed to
law wanted to ensure, confident that if the opportunities were equal, that would be reflected in the bottom-line figures
who have made the most gains under affirmative action 204
white women
1980s—Affirmative action 205
is hotly debated between the presidents, who are opposed, and federal agencies responsible for enforcement of the laws, some of which oppose the law. (See Exhibit 5.1, “1980s Media Statements Regarding Affirmative Action.”)
1964—Civil Rights Act of 1964 205
is passed, prohibiting discrimination on the basis of race, color, gender, religion, and national origin in employment, education, receipt of federal funds and public accommodations. •The country is in turmoil over African-Americans not being able to vote because of remaining restrictive measures instituted after Reconstruction. •To put this in perspective, 1964 is the year the Beatles burst onto the U.S. music scene
affirmative action plan 224
a government contractor’s plan containing placement goals for inclusion of women and minorities in the workplace and timetables for accomplishing the goals
OFCCP envisions affirmative action plans as a way 225
for contractors to take the opportunity to look at their workforces and see if they are reflective of the relevant population they are drawn from, and if they determine they are not, to make a plan to work toward making that happen.
1971—First important Title VII case decided by the U.S. Supreme Court, Griggs v. Duke Power Co.3 205
•The case is significant because African-Americans had never been equal in the United States, so few know what this picture of equality under Title VII was actually supposed to look like. Is it enough to simply take down the omnipresent “Colored” and “White” signs? •Six years after the law takes effect, Griggs made clear that the new law meant equality in every way. Now the country understands that it must take Title VII seriously. •For perspective, Janis Joplin’s “Me and Bobby McGee” is a top hit for the year.
placement goal 226
percentage of women and/or minorities to be hired to correct underrepresentation, based on availability in the geographic area
reverse discriminate 234
claim brought by a majority member who feels adversely affected by the use of an employer’s affirmative action plan
1619—First slaves arrive in America 204
1619—First slaves arrive in America. As we discussed in the Title VII chapter (Chapter 3), slavery is a way of life for African-Americans who have virtually no other role in American society for the next 246 years. Personnel are not available to constantly watch over slaves every minute of the day, so methods are developed to keep them in line without the need for constant supervision. Slave Codes, policies and actions that make them aware of their subjugation every minute of every day, accomplish this mental and physical enslavement. The harshness of our system is what distinguishes the American system of slavery from others that have occurred all over the world.
debar 223
prohibit a federal contractor from further participation in government contracts
The two factors to be used in determining availability of employees (separately for minorities and women for each job group) are
(1) the percentage of minorities or women with requisite skills in the reasonable recruitment area, defined as the geographic areas from which the contractor usually seeks or reasonably could seek workers to fill the positions in question, and (2) the percentage of minorities or women among those promotable, transferable, and trainable within the contractor’s organization.
According to the EEOC Compliance manual, affirmative action is “
actions appropriate to overcome the effects of past or present practices, policies, or other barriers to equal employment opportunity.”1
