Affirmative Action And Justice Term paper

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Affirmative Action is a hot issue in the United States, with wide differences of

opinion over the correct way to expand opportunity for people who have

historically been discriminated against. With the philosophical difference

behind the legal and political tensions is deep. One side wants a total rollback

of affirmative action programs, making individual merit the only criterion for

hiring and promotional considerations. While the other extreme wants affirmative

action to be pushed until the racial makeup of all professions mirrors the

racial makeup of US society exactly. While both these sides are to the greatest

ends of the argument there needs to be an approach to come up with a medium.

This could include laws to force companies to vigorously recruit and develop

minorities for professional and managerial jobs. However, there should not be

any outright quotas, which reserve a certain number of slots for particular

minority groups. This will cause resentments and constitutional obstacles down

the road. The objective here is not to do away with affirmative action in one

sweep, rather to seek out strategies to help promising minorities and match them

with opportunities they have rightfully earned and deserve. Now, what does the

law say? Although Title VII has an affirmative action component part of it, most

regulations stem from a requirement imposed by Executive Order 11246. There are

a lot of misconceptions about affirmative action and what laws companies actual

have to follow. One is that all companies are required to adhere to the laws

under affirmative action, this is not the case. Executive Order 11246 states

that once a company enters into a contract with a federal governmental agency

that exceeds $10,000 it must abide by the affirmative action rules and

regulations. These regulations include, but are not limited to, the following:

to post in a conspicuous place, available to all applicants, provisions of the

nondiscrimination clause; include in contractor's advertisements that all

qualified applicants will receive consideration without regard to race, color,

religion, gender, or national origin; include statements of these obligations to

all subcontractors; and furnish all information and reports to the Secretary of

Labor for purposes of investigation to ascertain compliance with the executive

order and its regulations. In addition to the above regulations if a corporation

enters into a contract of $50,000 or more additional requirements are put in

place. A Corporation must develop a written action plan within 120 days of the

beginning of a governmental contract. They must also perform a workforce

analysis, which must indicate how many women and minorities are in job

categories ranging from unskilled workers to managerial employees. These are the

basic rules and regulations companies and corporations must follow in order to

be within the compliance of the law. There have been several major court

decisions that have helped define the application of the statutes and

regulations. One of the biggest and earliest cases was that of Regents of the

University of California v. Bakke. This...

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