Affirmative Action

Abstract

This paper discusses the legislation of Affirmative Action and how it impacts discrimination in the workplace. Implemented in the 1960s, this legislation has helped curb discrimination against employees on the basis of race, culture, color, creed, nationality, ethnicity, language and even gender. The legislation ensures that employees are given a fair chance to apply for positions for which they are eligible and for existing employees, it is a protection of their rights against discriminatory practices. This paper discusses the Bakke v. Regents case which sets a landmark for the legislation. The paper concludes with the statement that the legislation is a powerful tool to curb discrimination in the labor industry of the USA.

Affirmative Action

Introduction

What is Affirmative Action?

Affirmative Action is a term used commonly in the United States for legal implications of equal employment opportunity measures. These measures are those that Federal contractors as well as subcontractors in the US are required to adopt. The main aim of such measures is to ensure that employees in the workplace do not face any form of discrimination, may it be sexual, racial, cultural or national. Affirmative action in the USA, as offered by the Department of Labor, incorporates campaigns for outreach, employee development, management development, targeted recruitment as well as support programs.

Historically, organizations in the USA have witnessed a lot of discrimination in different forms. Hence, the main objective of Affirmative Action is to reduce the counter the effects of such discrimination. Additionally, it is also a measure adopted by the Department of Labor in the US to ensure that public institutions like colleges, universities, police forces and hospitals are discrimination free. Before the case of Gratz v. Bolliner, Affirmative Action had certain clauses which were considered biased by the people, such as gender quotas and racial quotas. In the result of that case, such quotas and related policies were deemed unconstitutional and ruled out of the Affirmative Action definition.

What was the initial intent of Affirmative-Action legislation?

Historically, the concept of Affirmative Action and its legislation was first used as a tool to consider the discriminatory practices occurring in organizations and to curb such practices. Initially, this tool was used only for African Americans and the main aim was to defend their rights but later on it started being used for the protection of any form of discrimination, regardless of the race or gender. It started being used in the 1960s and was prominently ...