Research Paper on "Affirmative Action"

Research Paper 3 pages (1018 words) Sources: 3

[EXCERPT] . . . .

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 are also thought to be associated with many other areas of discrimination, like nationality, age and faith (Affirmative Action, 2010).

Affirmative action is often managed in several different ways. One approach that is often used is that of quotas. These are classified as severe requirements for a quantity or allocation of jobs, financial support, or other situation to go to a particular group. Another way is to set goals. These require organizations to put forth a good-faith attempt in the direction of attaining the allocation or share of the goal but do not necessitate that the quantity be obtained. The causes for affirmative action are countless and often overlap, but in general there are two reasons that have been seen. One cause has to do with a particular group being singled out in the past and has to have affirmative action in order to become equal with the bulk. Another cause is that of the group that is beneath representation in a particular situation needs to be assisted in order to attain some demonstration in the area. Even in these conditions, there is the unspoken admittance that discrimination is often the underlying reason for under representation (Affirmative Action, 2010).

Affirmative action refers to those actions that are needed to right the effects of past or current actions, policies, or other issues that affect equal employment conditions. Affirmative action that relates to Title VII can be order by the court if there has been a determination of discrimination. It can also be set down as a fix in sanction decrees and settlement arrangements, or carried out in accord with government supervision. Employers have the ability to put into place intentional affirmative action programs under the right situations, in order to rid them of an obvious unevenness in a conventionally divided job category. In trying to decide if such a voluntary affirmative action program is legal under Title VII, courts have to deem whether the affirmative action plan contains a quota or rigid goal, whether the program is elastic enough so that each workers can competes with all other qualified persons, whether the plan needlessly douses the interests of other people, and whether the feat is temporary or not intended to go on after the goal has been attained (Section 15: Race & Color Discrimination, 2006).… READ MORE

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