What does affirmative action mean under the guidelines?
Aug 02, 1995 · (Archived document, may contain errors) A Special Report to the Congress No. 17 8/2/95 REFORMING AFFIRMATIVE ACTION IN EMPLOYMENT: HOW TO RESTORE THE LAW OF EQUAL TREATMENT By Nelson Lund Nelson ...
Can employers take reasonable affirmative action?
Section 713 (b) (1) Defenses. 607-9. (a) Affirmative Action Plans That Rely on the Affirmative Action Guidelines. 607-9. (b) Affirmative Action Plans Not Specifically Relying on the Affirmative Action Guidelines. 607-11. (c) Respondent Doesn't Request § …
Do affirmative action plans protect all facets of an employer's operation?
these include use of entrance and promotional examinations, background examinations, minimum height and weight requirements, and some systems for performance ratings. cases in which the courts have required affirmative action programs to relieve the damage caused by discriminatory employment practices are reviewed in the final section.
Does R have a reasonable basis for taking affirmative action?
Affirmative Action Employment Laws, courtesy of Looksmart, with links to several websites. From the 105th Congress: “The Civil Rights Act of 1997” – “A bill to provide for equal protection of the law and to prohibit discrimination and preferential treatment on the basis of race, color, national origin, or sex in Federal actions, and for other purposes.”
What is affirmative action?
Affirmative action under the Guidelines means those actions appropriate to overcome the effects of past or present practices, policies, or other barriers to equal employment opportunity.
Is affirmative action discrimination?
Affirmative action under the Guidelines is not a type of discrimination, but a justification for a policy or practice based on race, sex, or national origin. No affirmative action issue exists unless respondent has acted on the basis of race, sex, or national origin.
What is the conflict between the statutory prohibition against considering race, sex, and national origin in making employment decisions
The Guidelines address what appears to be a conflict between the statutory prohibition against considering race, sex, and national origin in making employment decisions, and the need, often through affirmative action, to eliminate discrimination and to correct the effects of prior discrimination.
Do the guidelines address discrimination?
The Guidelines do not address the question of whether a specific plan or program is sufficient to remedy discrimination. This remains a question of fact to be determined on a case by case basis. (See § 607.3.)
What does "no cause" mean in affirmative action?
A no cause determination in a charge involving an affirmative action plan means that the particular decision, practice, or policy involved in the charge was made pursuant to an affirmative action plan meeting the standards of the Guidelines. It does not mean that all of respondent's operations are free from discrimination, or that the plan is adequate to completely correct any past or present discrimination.
When an affirmative action plan is alleged to violate Title VII or is asserted as a defense to
When an approved affirmative action plan is alleged to violate Title VII or is asserted as a defense to a charge of discrimination, the Commission will investigate and make a determination on the charge in accordance with its usual procedures and pursuant to the standards set forth in the Guidelines as explained in §§ 607.7 through 607.10.
What is a respondent's plan?
A respondent's plan may be couched in general terms, leaving respondent free to achieve the plan's objective as it sees fit; e.g., a plan that is part of a general court order might simply require achievement of a workforce composition with a racial balance equal to that of the civilian labor force without specifying any steps, timetables, or interim goals to reach this objective. The respondent must then provide evidence of how a specifically challenged policy or practice was related to the general provisions of the plan. The EOS should determine whether the action was reasonable; i.e., whether it would have logically fostered the objectives of the plan. (See § 607.15 for a discussion of what types of actions can be considered reasonable.)
Legislation
From the 105th Congress: “The Civil Rights Act of 1997” – “A bill to provide for equal protection of the law and to prohibit discrimination and preferential treatment on the basis of race, color, national origin, or sex in Federal actions, and for other purposes.” The legislation was not approved by Congress.
Litigation
Grutter v. Bollinger (this case pertains to the firing of a white New Jersey teacher)
Abstract
Was affirmative action successful in increasing employment opportunities for blacks? In this paper, affirmative action will refer to the provisions of Lyndon Johnson's Executive Order 11246 in 1965, as amended by Richard Nixon's Executive Order 11375 [3 C.F.R. 169 (1974)].
Citation
Leonard, Jonathan S. 1990. "The Impact of Affirmative Action Regulation and Equal Employment Law on Black Employment." Journal of Economic Perspectives, 4 (4): 47-63. DOI: 10.1257/jep.4.4.47
Published Versions
Leonard, Jonathan S. "The Effectiveness of Equal Employment Law and Affirmative Action Regulation," Research in Labor Economics, Vol. 8, Part B, 1987,pp. 319-350.
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Can you recover punitive damages for age discrimination?
In cases involving intentional age discrimination, or in cases involving intentional sex-based wage discrimination under the Equal Pay Act, victims cannot recover either compensatory or punitive damages, but may be entitled to "liquidated damages."
What is the goal of the law when discrimination is found?
Whenever discrimination is found, the goal of the law is to put the victim of discrimination in the same position (or nearly the same) that he or she would have been if the discrimination had never occurred. The types of relief will depend upon the discriminatory action and the effect it had on the victim.
What happens if you are not selected for a job?
For example, if someone is not selected for a job or a promotion because of discrimination, the remedy may include placement in the job and/or back pay and benefits the person would have received. The employer also will be required to stop any discriminatory practices and take steps to prevent discrimination in the future.
What is compensatory damages?
Compensatory damages pay victims for out-of-pocket expenses caused by the discrimination (such as costs associated with a job search or medical expenses) and compensate them for any emotional harm suffered (such as mental anguish, inconvenience, or loss of enjoyment of life).
How much can you recover from a punitive damages claim?
These limits vary depending on the size of the employer: For employers with 15-100 employees, the limit is $50,000. For employers with 101-200 employees, the limit is $100,000.
What is liquidated damages?
Liquidated damages may be awarded to punish an especially malicious or reckless act of discrimination. The amount of liquidated damages that may be awarded is equal to the amount of back pay awarded the victim.