Affirmative Action Essays (1644 words) - Social Inequality

Affirmative Action AFFIRMATIVE ACTION INTRODUCTION Affirmative action is the name of an American social practice through which members of historically disadvantaged racial and/or ethnic groups are given preferential treatment in an effort to compensate for past harm caused to their ancestors. For thirty years, affirmative action was carefully shielded from open, honest evaluation while it simultaneously grew more pervasive along with the federal bureaucracy and welfare state. The recent political upheaval caused by the Republican takeover of Congress in 1994 has opened the door for opponents of affirmative action programs to successfully pursue their gradual elimination. If affirmative action is to continue as an American institution, its supporters must be willing to listen to frank criticisms of affirmative action's shortcomings. Nevertheless, affirmative action programs remain an endangered species. II. HISTORICAL CONCEPT Affirmative action programs were initiated by President Lyndon B. Johnson in 1965 to correct past discrimination. Its purpose was to actively seek out black candidates for jobs, college, or promotions, without treating them differently in the decision to hire, admit, or promote. In the 1970s, however, affirmative action took on a new meaning as good-faith efforts to recruit blacks would not withstand a Title VII challenge of the Civil Rights Act of 1964. Employers and admission committees had to actually hire or admit black applicants to withstand challenges of racial discrimination (Rodrigue, 1995). The strategy most frequently employed was to select the best available black candidate even if the best was not good enough for the position. The rationale most frequently given for affirmative-action programs is ?the principal of compensatory justice? This principle states that whenever an injustice has been committed, just compensation or reparation must be made to the injured party. It is this principle that is the rationale behind the tort law's compensating victims for infers for individual harms. This principle also explains why German paid Jews for the harms caused in World War II and why American Indians should be compensated for the past unjust deprivation of their trivial land. Indeed, affirmative action means taking measures that go beyond merely ceasing or avoiding discrimination; it means taking measures that attempt to undo or compensate for the effects of past discrimination. The principle is encountered in several major categories of discrimination areas-most notably employment and education, but also such areas as housing and government contracting. In this way we can say that affirmative action programs help support the principle of equality of citizens that is a defining feature of democracy. III. THE ROLE OF HR IN AFFIRMATIVE ACTION PROGRAMS Equal Employment Opportunity means that an HR manager will; ? provide equal access to all available jobs, training, and promotional opportunities ? provide similar benefits and services to everyone ? apply all policies and practices consistently to applicants and staff ? do not differentiate among applicants or employees on the basis of race, color, national origin, religion, sex, physical or mental disability, or sexual orientation In other words, EEO forbids employment discrimination. It requires the elimination of any bias in personnel activities. However, if we take a look at the nature of affirmative action policies, they do not promote democracy. Indeed, in n employment, for example, two basic categories of affirmative action can be identified: (1) coercive and (2) voluntary. Coercive plans, in turn, fall into two groups: plans imposed as a condition of government contracts or grants; and court-imposed remedies under Title VII of the Civil Act of 1964 (42 U.S.C.A 2000e et sequ.). Voluntary plans are those adopted by an employer, university, or the like, when under no direct legal compulsion to do so. The earliest affirmative action plans were concerned with race, but plans now frequently extend to sex, national origin, and religion (Rodrigue, 1995). Over the past thirty years, affirmative action programs initiated by the Civil Rights Act of 1964 have grown into ?. . . a web of racial and gender preferences touch[ing] all federal departments, according to a recent congressional report.? When Senator Robert Dole asked for a list of race-related federal policies, ?He got back a 32-page report listing roughly 160 laws, regulations or executive orders.? (Rodrigue, 1995). This issue has been viewed as not being a true champion of democracy, as Democrats use it against Republicans. It does take race