DQ8-2.docx

DQ 8-2

1.

This is an interesting topic because I have worked as a human resources recruiter for years.  I have worked for companies that say they follow EEO and AA and even advertise on their website, but I have never seen any evidence of the EEO and AA being followed.  We were never told who to hire and not hire.  The US Department of Equal Opportunity Employment Commission says to train all human resources managers and employees on EEO laws, promote inclusive culture and foster communication and   early dispute resolution.  I have never been trained specifically on EEO but have always been taught on inclusive culture and to not discriminate or pre judge candidates.  I disagree with companies who have to follow EEO and AA that have to meet the quotas.  The best fit for the position, company culture and best fit for the team should be hired.  They should not have to hire unqualified people for the job just to suite EEO and AA policies.  We also know politics and other discriminations happen during the interview process companies do not need EEO and AA dictating this too.

US Equal Opportunity Employment Commission.(2018, September).Best Practices for Employers and Human Resources/EEOC Professionals. Retrieved from: https://www.eeoc.gov/eeoc/initiatives/e-race/bestpractices-employers.cfm

2.

There is no evidence of an evolved organizational climate in today’s workforce compared with the past. A poll of 1,900 African-Americans and Hispanic-Americans provided a measure of how many people face unfair treatment because of their race or ethnicity in everyday situations -- at work, shopping, or while seeking health care (Agiesta, 2015). 77% of African-Americans and 74% of Hispanic-Americans polled face racial discrimination in society today (Agiesta, 2015).  

The goals of affirmative action and equal employment opportunity are to take positive steps to end discrimination, to prevent its recurrence, and to create new opportunities that were previously denied to qualified women, people with disabilities, and people of color (“What Affirmative Action Is,” 2016). Under Title VII of the Civil Rights Act, you cannot base a hiring decision, in whole or in part, on a person's race or gender. In addition, under Executive Order 11246, a college or university must take affirmative steps to ensure its acceptance rates and hiring practices are fair, equitable, and free from discrimination. It must also take steps in recruiting to ensure the applicant pool is as diverse and as qualified as possible (Walesby, 2010). The expectation underlying affirmative action is that, absent discrimination, over time a contractor's workforce, generally, will reflect the gender, racial and ethnic profile of the labor pools from which the contractor recruits and selects" (Walesby, 2010).  This means that if 80% of the qualified applicants to police force are Hispanic in a city that is 80% Hispanic, then the police force should be largely Hispanic. Affirmative action and equal employment opportunity help create a level playing field that gives everyone an equal opportunity to compete for a job and career. They ensure that no person is disadvantaged or treated unfairly during the hiring process because of their race, ethnicity, disability, or gender. It is about fairness and justice for all (Walesby, 2010).

The federal regulations for affirmative action explicitly state, "Quotas are expressly forbidden...[i]n all employment decisions, the contractor must make selections in a nondiscriminatory manner. Placement goals do not provide the contractor with a justification to extend a preference to any individual, select an individual, or adversely affect an individual's employment status, on the basis of that person's race, color, religion, sex, or national origin" (Walesby, 2010). In the words of Supreme Court Justice Blackmun, "In order to get beyond racism, we must first take account of race. There is no other way." And as Justice O'Connor emphasized in Adarand v. Pena: "The unhappy persistence of both the practice and the lingering effects of racial discrimination against minorities in this country is an unfortunate reality and government is not disqualified from acting in response to it." The same is true for sexism: gender-based affirmative action programs are an antidote to the sex discrimination that too often infects decisions about jobs, education, and business opportunities” (“What Affirmative Action Is,” 2016).  Writing for the Court, Justice O’Connor explained the importance of diversity: “In order to cultivate a set of leaders with legitimacy in the eyes of citizenry, it is necessary that the path to leadership be visibly open to talented and qualified individuals of every race and ethnicity” (“What Affirmative Action Is,” 2016).

I disagree with the above statement.  Affirmative Action and Equal Opportunity do not promote quotas and do not encourage the hiring of women, those with disabilities, or minorities over qualified candidates.  On the contrary, they requre that all qualified applicants are given the opportunity to compete for jobs regardless of race or sex in an attempt to reduce discrimination.  While slavery is no longer legal, discrimination continues to be an issue for people of color, women, and people with disabilities and equal opportunity, equal pay, and equal promotional opportunities are a long way off.

Reference:

Agiesta, J. (2015, November 25). Race and Reality in America: Five key findings. Retrieved September 8, 2018, from https://www.cnn.com/2015/11/24/us/race-reality-key-findings/index.html

Walesby, A. (2010, December 16). Facts and Myths of Affirmative Action. Retrieved September 8, 2018, from https://www.higheredjobs.com/articles/articleDisplay.cfm?ID=246

What Affirmative Action Is (And What It Is Not). (2018). Retrieved September 8, 2018, from http://www.nationalpartnership.org/issues/fairness/