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108 Cards in this Set
- Front
- Back
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The contractor will take affirmative action to ensure that applicants are... |
employed, and that employees are treated during employment without regard to protected factors. |
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Actions that can count as affirmative action:(11) |
employment upgrading demotion transfer recruitment recruitment advertising layoff termination rates of pay other forms of compensation selection for training |
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intentional inclusion of women and minorities in the workplace based on a finding of their previous exclusion and/or to address existing discrination |
affirmative action |
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Affirmative action is actions appropriate to... |
overcome the effects of past or present practices, policies, or other barriers to equal employment opportunity. |
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1619 |
first slaves arrive in America |
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Slave Codes accomplished... |
mental and physical enslavement |
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1865(2) |
the Civil War ends the Thirteenth Amendment to the Constitution abolishes slavery |
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Slave codes were replaced by..
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black codes |
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The Ku Klux Klan rises and enforces... |
Jim Crow laws keeping blacks in very much the same position they had been in during slavery |
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This continues for the next... |
100 years |
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1964 |
The Civil Rights Act of 1964 is passed |
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The country is in turmoil of African Americans not being able to vote... |
because of remaining restrictive measures instituted after Reconstruction |
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1965(2) |
Civil Rights Act of 1964 goes into effect The Voting Rights Act of 1965 is passed, allowing African Americans to vote for the first time since reconstruction. |
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1971 |
First important Title VII case decided by the US Supreme Court, Griggs v. Duke Power |
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Equality in... |
every way |
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1979 |
First workplace affirmative action case decided by the US Supreme Court |
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1980s |
Affirmative Action is hotly debated |
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Employers often simply did what they thought... |
they needed to do to try to protect themselves from violating the new law |
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Employers often determined... |
how many minorities and women they needed to prevent a disparate impact and hired that number |
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This was not... |
imposed by the government |
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2008 (2) |
Maddie Hopkins, the last Civil War widow dies US House of Representatives apologizes for slavery, Jim Crow, and its aftermath, joining 5 states that had already issued such resolutions |
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Affirmative action has not bee... |
around for nearly as long as we may think
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The 5 years or so it has been on the country's radar screen is not a very long time compared to... |
the 346 year history that created the present day vestiges of racial discrimination that the concept seems to remedy |
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It is illogical to believe that without intervention of some sort by the government, things would not... |
continue to proceed as they were designed to do and always had
I |
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The argument that affirmative action is a bad idea because it... |
undermines the belief that women and minorities are competent is illogical |
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Blacks and women are simply not in the... |
same position as those who benefitted from a 346 year head start in the American workplace |
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Affirmative Action is not a great idea for... |
anyone concerned, but it is the best the country has managed to come up with given what it had to work with. |
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There will be people who... |
feel imposed by it |
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As a society, it is a... |
necessary evil if we are to get to a place of equality |
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Affirmative action was created to address... |
societal, endemic, persistent, systemic discrimination the country had engaged in for centuries. |
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Affirmative Action applies to those with... |
50 or more employees who have contracts with the federal government to provide the government with goods and services worth 50k or more. |
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Quotas are... |
illegal |
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Affirmative action involves the employer taking steps to ensure... |
job opportunities to traditionally excluded groups by bringing qualified women and minorities or other statutorily mandated groups into a workplace from which it has ben determined that they are excluded in order to make the workplace more reflective of their availability in the workforce from which the employees are drawn. |
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The actions an employer can take to make an effort to include those historically underrepresented in the workplace include (4): |
Expanded outreach to groups the employer has not generally made an effort to reach. Recruitment of groups the employer generally has not made an attempt to recruit. Mentoring, management training, and development of traditionally excluded groups. Hiring, training, and other attempts to bring into the workplace groups that have traditionally been left out of the employment process. |
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Affirmative action is about trying to change... |
what has always been done and will continue to be done without intervention |
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Affirmative action is used only when there is... |
demonstrated underrepresentation or a finding of discrimination |
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Affirmative action is about... |
remedying discrimination, not about punishing anyone |
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Those who have studied the subject have been quite surprised to find that... |
their own implicit biases are much more pronounced that they ever would have imagined. |
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Despite anti-discrimination laws, minorities and women still.. |
lag in pay, jobs, and promotions |
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The NLRA allowed for the power of... |
collective bargaining by employees to gain for employees more equitable, stable working wages and conditions. |
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The FLSA guaranteed... |
a minimum wage that could lift employees out of poverty |
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The GI bill provided... |
returning veterans of WWII the right to receive financial assistance to go to college and low interest loans for homes and businesses |
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In return for their votes, they received... |
provisions in the law that guaranteed what they wanted. |
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The Davis-Bacon act of 1931 requiring that... |
prevailing local wage rates be paid to workers on projects receiving federal funds of over $2000 is another important piece of legislation born of racial protectiveness. |
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Efforts to eliminate affirmative action in employment, government contracts, university admissions, and other areas comes primarily from those who feel it has... |
outlived its usefulness and causes only ill will among majority employees and students |
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There are three ways in which affirmative action obligations arise in the workplace: |
Through Executive Order 11246 Judicially as a remedy for finding of discrimination under Title VII Voluntary affirmative action established by an employer |
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Under the executive order, those employees who contract to furnish the federal government with goos and services must agree not to.. |
discriminate in the hiring, termination, promotion, pay, and so on of employees on the basis of race, color, religion, gender, or national origin. |
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In cases where the employee refuses to remedy disparities found, he or she is... |
debarred from further participation in government contracts. |
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The executive order is enforced by the... |
Office of Federal Contract Compliance programs in the Employment Standards Administration Office of the US Department of Labor. |
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The OFCCP issues... |
extensive regulations implementing the executive order. |
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OFCCP's enforcement addresses only the employer's... |
participation in federal governement contracts and contains no provisions for private lawsuits by employees or even penalties for noncompliance by a contractor. |
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Employees seeking redress must do so through their state's... |
fair employment practice laws, Title VII, or similar legislation previously discussed. |
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Contractors and subcontractors agree to post in.. |
conspicuous places notices provided by the contracting officer setting forth the provisions of the non-discrimination clause. |
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Contractors and subcontractors agree to include in all the contractor's solicitations or advertisements for employees a statement that all... |
qualified applicants will receive consideration for employment without regard to race, color, religion, gender, or national origin |
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Contractors and subcontractors agree to include a statement of these obligations in all... |
subcontractors or purchase orders, unless exempted, which will be binding on each subcontractor or vendor. |
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Contractors and subcontractors agree to furnish all information and reports rehired by ... |
the executive order and the implementing regulations and permit access to the contractor's or subcontractor's books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with the executive order and its regulations |
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The employer agrees that it will... |
post notices that it is an equal opportunity employer. |
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A government contractor's plan containing placement goals for inclusion of women and minorities in the workplace and timetables for accomplishing the goals. |
affirmative action plan |
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An affirmative action plan should be considered a... |
management tool
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Affirmative Action plans have both.. |
qualitative and quantitative aspects.
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The quantitative part of the plan examines the... |
contractor's workplace to get a snapshot of who works there and in what capacity, as it relates to minorities and women |
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Minority categories include... |
African-American Hispanic Asian/Pacific Islander American Indian/Alaskan Native |
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The qualifying part of the plan sets out a course of action for how to address... |
any underrepresentation, underutilization, or other problems found |
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significantly fewer minorities or women in the workplace than relevant statistics indicate are available or their qualifications indicate they should be working at better jobs |
underrepresention or underutilization |
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staffing patterns showing organizational units, their relationship to each other, and gender, race, and ethnic composition |
organizational profile |
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combines job titles with similar content, wage rates, and opportunities |
job group anaysis |
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minorities and women in geographic area who are qualified for a particular position |
availability |
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percentage of women and/or minorities to be hired to correct under-representattion, based on availability in the geographic area |
placement goal |
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Simply because women are 35% of the population for a particular geographic area does not mean that they are all.. |
qualified to be doctors, professors, skilled craftworkers, or managers |
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The two factors to be used in determining availability of employees are(2) |
1. the percentage of minorities of women with requisite skills in the reasonable recruitment area 2. the percentage of minorities or women among those promotable, transferable, and trainable within the contractor's organization |
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By regulation, placement goals do not mean that the underrepresentation is...
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an admission or a finding of discrimination |
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Placement Goals are designed to measure progress toward... |
achieving equal employment opportunity and may not be rigid and inflexible quotas which must be met |
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Quotas are... |
expressly forbidden |
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Once this quantitative part of the affirmative action plan is out of place, if an underrepresentation or other problem has been found, the contractor must then... |
develop and execute action-oriented programs designed to correct them. |
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OFFCP may perform audits of contractors to determine if they are... |
complying with the regulations and providing equal employment opportunity. |
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To withstand an OFCCP audit, contractors must show that they have made... |
good-faith efforts to remove any identified barriers to equal employment opportunity, expand employment opportunities and produce measurable result. |
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As part of an action program, contractors must(4) |
Develop and implement internal auditing systems that periodically measure the effectiveness of their affirmative action plans. Require internal reporting on a scheduled basis as to the degree to which equal employment opportunity and organizational objectives are attained. Review report results with all levels of management Advise top management of the program's effectiveness and submit recommendations for improvement, where necessary. |
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evaluations of mid and senior level employee advancement for artificial barriers to advancement of women and minorities |
corporate managemetn compliance evaluation |
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The Glass Ceiling Commission found that it is easier for women and minorities to... |
enter a business at the entry level than to progress up once there. |
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Employers are required to submit data on... |
applicants, hires, promotions, terminations, compensation, and tenure by race and gender |
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Virtually the only time quotas are permitted is when there has been... |
a long-standing violation of the law and there is little other recourse. |
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As long as an employer can show a legitimate, good faith effort to reach affirmative action placement goals, quotas are... |
not required and will not be imposed as a remedy for underrepresentation |
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The secretary of labor or the appropriate contracting agency can impose on the employee the number of penalties for noncompliance, including(6) |
1. Publishing the names of nonconforming contractors or labor unions. 2. Recommending to the EEOC or the Department of Justice that proceedings be instituted under Title VII 3. 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. 4. Canceling, terminating, 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. 5. 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. 6. REommending to the Department of Justice that criminal proceedings be initiated for furnishing false information to a contracting agency or the secretary of labor. |
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An assessment of compliance will be made on both... |
statistical and non statistical information indicating whether employees and applicants are being rested without regard to the prohibited categories of the executive order |
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The affirmative action plan regulations clearly state that they prefer to have contractors perform... |
ongoing monitoring of their workplaces to ensure that their policies and practices are consistent with non-discriminatory hiring, promotions, termination, pay, and other workplace considerations. |
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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 |
Judicial Affirmative Action |
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The next big questions were whether a similar analysis applied...(3) |
if the affirmative action plan involved private rather than state action if the plan involved a workplace rather than a university admissions program whether voluntary affirmative action plans are permissible |
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The answer to all three questions is... |
yes |
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the employer decides to institute an affirmative action plan on his or her own, regardless of whether the employer is required to do so |
voluntary affirmative action |
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Voluntary Affirmative Action is a measure to avoid discrimination claims after...
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making a determination that there is an underrrepresentation of minorities and women in the workplace, generally based on previous exclusionary policies or practices |
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Plans cannot unnecessarily...
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trammel male/nonminority employees' rights or create an absolute bar to their advancement |
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Plans cannot set aside... |
positions for women or minorities |
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Plans can unsettle no... |
legitimate, firmly rooted expectation of employees. |
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It was only temporary in that it was for purposes of... |
attaining, not maintaining a balanced workforce |
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claims brought by a majorirt member who feels adversely affected by the use of an employer's affirmative action plan |
reverse discrimination |
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Reverse discrimination accounts for only about... |
3 percent of the charges filed with the EEOC |
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Keep in mind that affirmative action is not punishment in any way, but rather a... |
remedy for discrimination, or its vestiges that has been found to exist. |
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Anti-discrimination laws have made a significant impact in.. |
bringing women and minorities into the workplace at entry level positions. |
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What is an employer's best protection against discrimination lawsuits? |
fair and consistent rules |
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Contractors are required to take affirmative action demonstrating an active effort to.. |
hire and promote qualified disabled veterans, other protected veterans, armed forces service medal veterans, and recently separated veterans |
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JVA also requires federal contractors to report the... |
total number of all current employees in each job category and at each hiring location, and it is mandatory that contractors immediately list all the job openings with state employment agencies or other employment outlets |
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Under the law, qualified targeted veterans are entitled to... |
priority for referral (but not hiring) to federal contractor job openings |
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Mico-aggression includes things like... |
not making eye contact with minority or female employees or not giving them other obvious signs one would expect in the workplace, not giving them credit for ideas they purpose, but accepting those ideas when they come from someone in the majority, and so forth. |
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D& I |
Diversity and Inclusion |
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D&I is aimed at realizing the.. |
competitive advantage and business opportunity created by a workplace geared to attracting the best talent, increasing creativity, and having a globally competitive workforce |
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While the concept began in response to minorities and women coming into the workplace , it now includes... |
everyone in the workplace and the very different ways that we all exist |
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learning to accept and appreciate those who are different form the majority and value their contributions to the workplace |
valuing diversity |
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What employers can choose to do to bring more people into their workplace who have traditionally been... |
left out is not defined by the llaw |
