Q&A On Affirmative Action

WHAT ARE THE PRIMARY COMPONENTS OF A WRITTEN AFFIRMATIVE ACTION PROGRAM?

Problem identification, Self-Analysis and Action-Oriented Programs. Under Executive Order 11246, contractors ($50K in contracts/50 employees) are required to identify barriers to equal employment opportunity and eliminate them through action-oriented programs. Where there are fewer women or minorities than would be reasonably expected, the employer has to establish goals.

ARE GOALS INTENDED TO ACHIEVE PROPORTIONAL REPRESENTATION OR EQUAL RESULTS? 


Not at all. Numerical goals do not create guarantees for specific groups or preferences, nor are they designed to achieve proportional representation or equal results.


DOES AFFIRMATIVE ACTION UNDER EXECUTIVE ORDER 11246 REQUIRE EMPLOYERS TO HIRE OR PROMOTE WOMEN OR MINORITIES ON THE BASIS OF RACE OR SEX?


Absolutely not. No requirement exists that any specific position be filled by a person of a particular race, gender or ethnicity. By casting a wider net and recruiting a diverse pool of qualified individuals, an affirmative action employer eliminates preferences and levels the playing field for all. The essence of affirmative action is opportunity.


DOES AFFIRMATIVE ACTION UNDER EXECUTIVE ORDER 11246 CONFLICT WITH THE PRINCIPLES OF MERIT? 


No. In seeking to achieve its goals, an employer is never required to hire a person who does not have the qualifications needed to perform the job successfully. Affirmative action prevents discrimination; it does not cause it.

SHOULD GOALS BE TREATED AS A CEILING OR A FLOOR? 


Neither. The Executive Order does not require that contractors treat goals as either a ceiling or a floor for the employment of particular groups.

WHAT IS THE STANDARD FOR COMPLIANCE UNDER THE EXECUTIVE ORDER?T


he standard is and has always been "good faith effort."

ISN'T AFFIRMATIVE ACTION ONLY A RACE ISSUE?


No. Affirmative Action Programs benefit women, persons with disabilities and veterans as well.



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