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Affirmative Action
Affirmative action (AA) is a public policy designed to eliminate systemic bias against members of under-represented groups in employment and education. Although the use of AA is not limited to the United States, it can be argued that it is in the United States that AA has its greatest influence on business, education, and the employment practices of federal contractors. As a result, AA is the subject of considerable debate in the U.S. media. AA requires an organization to take proactive steps toward ensuring that the demographic characteristics of its workforce are consistent with the demographic characteristics of the labor markets in which it recruits. The extent of the controversy surrounding AA in employment and education is a direct function of the deeply felt differences of opinions about the policy's usefulness and fairness. The controversial nature of AA raises doubts about its future in the United States and in other countries as well.
In discussing its origins in the United States, many are unaware that AA did not originate through federal legislation approved by congressional vote. Rather, the roots of AA lie primarily in the executive branch of government. AA has evolved through a series of Executive Orders (EO) originating during Franklin Roosevelt's administration in the early 1940s. EOs are documents issued by the president of the United States to manage the federal government and are listed in the Code of Federal Regulations (CFR). Discrimination-related EOs initially targeted racial discrimination in the armed services and in organizations doing business with the federal government.
Perhaps the EO most influential in shaping today's AA is EO 11246. Issued in 1965 by President Lyndon Johnson, EO 11246 requires that federal contractors with 50 or more employees and contracts with the government of $50,000 or more have written AA plans and track progress toward their employment goals throughout the year. It is important to note that while many U.S. business organizations develop voluntary AA plans, only organizations that conduct business with the federal government are required to have a formal AA plan and, as such, are regulated by EO 11246 (which has been amended since 1965).
Enforcement of EO 11246 by Department of Labor Employment Standards
The administration's Office of Federal Contract Compliance Programs (OFCCP) investigates discrimination claims filed against employers and also conducts random compliance reviews of organizations under its jurisdiction. Another discrimination-related enforcement agency in the United States, the Equal Employment Opportunity Commission (EEOC), is charged with enforcing the various civil rights laws (most notably, Title VII of the Civil Rights Acts of 1964 and the Civil Rights Act of 1991) and is usually not involved in AA enforcement.
An AA plan must be completed annually by a federal contractor and is based on data collected from within and outside the organization. The first component of a plan is an organizational profile or work-force analysis. In this component, the organization's jobs are listed, and an inventory is created showing the composition (by gender and race) of the incumbents in these jobs. The workforce analysis lists the incumbents in each job according to gender and the five racial categories that are used for reporting purposes in AA: White (not of Hispanic origin), Black (not of Hispanic origin), Hispanic, Asian or Pacific Islander, and American Indian or Alaskan Native.
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