What is "Affirmative Action"? What does "Equal Employment Opportunity" mean?

The following is a brief synopsis of affirmative action and equal employment opportunity guidelines. It is to be used as an informational tool and not to be construed as legal advice in any way.

Any institution that is government funded must have an Affirmative Action Plan in place.

An Affirmative Action Plan assesses the representation of minorities and women at a particular institution. In cases where women and/or minorities are underrepresented by a firm and /or have been discriminated against, an affirmative action plan provides guidelines to correct the situation.

An institution with such a plan may consider a person's gender or minority status (or religion, etc.) in employment decisions (hiring, promotion, etc.). Affirmative action guidelines do not require, encourage, unqualified persons, be hired (promoted,etc.), or even considered, for any reason, including as a means to increase the representation of any qroup at that institution. There are situations however, in which an employer is under court order to hire people who are members of certain underrepresented groups as part of a penalty imposed by a court which has found the institution to be in violation of the law.

Equal Employment Opportunity means that all positions must be open to members of underrepresented groups. This does not mean, however, that a company be required to establish a reasonable representation of any group.

The term "in compliance" is always associated with affirmative action if an institution coincides with affirmative action requirements.

The term Equal Opportunity Employer pertains to any company that considers women and other underrepresented sectors (or members of other 'protected' groups) in its hiring decisions. Just by considering underrepresented groups in advertising positions or the mere advertisement of job openings is usually enough to satisfy the requirment. According to the Code of Federal Regulations, requirements are for "efforts" not actual "accomplishments."

Illegal Questions are those asked by an interviewer within an organization that may be contrued as evidence of discrimination. "Are you married?" "Are you planning on having children?" Such questions may be actionable under civil law.

In order for an employer to pay a penalty under civil law the following must be determined:

1. That the employer asked illegal questions
2. The employer must have denied the candidate the job
3. There must be proof that the reason the candidate was not hired represented discrimination, (i.e., the candidate was a women, minority, or member of another underrepresented group).

Quite simply any question or statement asked by an employer that implies a consideration of anything other than the candidates qualifications is illegal.

EEO Laws and Regulations
Courtesy of The American Association of Affirmative Action (www.fga.com)

The Nineteenth Century Civil Rights Acts (42 U.S.C. §§ 1981, 1981a, 1983 & 1988) are the precursors of modern equal employment opportunity laws. They cover race-based discrimination by employers and allow persons who believe they have been deprived of their rights redress.

The Equal Pay Act of 1963 (29 U.S.C. § 206) forbids pay differentials based on sex. It covers all employees who come under the Fair Labor Standards Act, plus executive, administrative and professional employees and outside sales people. Investigative and compliance responsibilities are handled by the EEOC.

Title VII of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000e to 2000e-17) bans discrimination in employment because of race, color, religion, sex, or national origin. It covers all terms and conditions of employment, and it holds employers responsible for any discrimination that goes on within the organization. It is administered by the EEOC and covers all businesses with fifteen or more employees.

The Age Discrimination in Employment Act (29 U.S.C. §§ 621 - 634) bans employment discrimination based on age for anyone forty years of age or older. It is administered by the EEOC.

Executive Order 11246 requires federal contractors to include a nondiscrimination clause in all contracts and subcontracts in excess of $10,000 and all construction projects financed, even in part, with federal funds. When revised, it required a written affirmative action program from contractors with fifty or more employees and federal contracts or grants of $50,000 or more. This order is enforced by the OFCCP. For more information on its application, check out OFCCP's Executive Order 11246 page.

The Rehabilitation Act of 1973 (29 U.S.C. §§ 706, 791, 793, 794 & 794a) requires employers with government contracts and subcontracts of $2,500 or more to take affirmative action for qualified handicapped individuals. The regulations implementing the act require "reasonable accommodation" to the physical and mental limitations of handicapped employees and applicants. The act is enforced by the OFCCP. Follow this link to the OFCCP page on The Rehabilitation Act.

Affirmative Action for U.S. Veterans is outlined in the Employment and Training of Veterans section of the United States Code. The first act to provide affirmative action to Vietnam-Era Veterans was the Vietnam-Era Veterans Readjustment Assistance Act of 1974.

The American with Disabilities Act of 1990 (42 U.S.C. §§ 12101 - 12213) gives protections to qualified individuals with disabilities that are like those provided under Title VII. It also guarantees equal opportunity in employment, public accommodations, transportation, state/local government services and telecommunications. It is enforced by the EEOC.

Source: American Association of Affirmative Action.