Affirmative Action -- Quotas

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    The U.S. government first required affirmative action in 1965 as a way to remedy past discrimination against minorities, women, disabled individuals and covered veterans. Affirmative action means that a company must take steps to increase the recruitment, hiring, promotion and retention of protected groups in its workforce. Sometimes...

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    On December 21, 2012, the federal government, through the Office of Management and Budget (OMB), issued its semiannual Unified Agenda of Federal Regulatory and Deregulatory Actions. The unified agenda provides uniform reporting of data on regulatory and deregulatory activities under development throughout the federal government, covering...
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    The Office of Federal Contract Compliance Programs (OFCCP) recently issued proposed regulations under Section 503 of the Rehabilitation Act, "Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals With Disabilities." The agency itself has accurately characterized the proposed regulations as a "...
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    On April 18, 2012, the House Subcommittee on Health, Employment, Labor, and Pensions held a hearing with the august title of "Reviewing the Impact of the Office of Federal Contract Compliance Programs' [OFCCP] Regulatory and Enforcement Actions." As it happened, no one from the OFCCP or the U.S. Department of Labor (DOL) appeared at the hearing,...
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    The U.S. Supreme Court's decisions about the affirmative action policies of a state university and law school in Michigan have been all over the news. But how does the Court's guidance about affirmative action policies in education relate to your affirmative action and diversity policies? Not black and white...
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    For most employers, an affirmative action program isn't required by law. Many of you, however, choose to adopt voluntary programs of some sort, which can be useful in creating job opportunities for previously underrepresented groups. If you decide to implement a program, however, you should exercise care. Any affirmative action...
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    The concepts of "employment discrimination" and "equal employment opportunity" are often confused and lumped together with the concept of "affirmative action." But there is a very distinct difference between the laws prohibiting employment discrimination and affirmative action requirements, quotas, and so on. Many of you may have...
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    In 1995, the U.S. Supreme Court issued its landmark opinion in Adarand Constructors, Inc. v. Pena (Ararand I). In that case, Adarand, a white-owned construction company that unsuccessfully bid on a subcontract for highway guardrails, challenged the constitutionality of a subcontracting compensation clause (SCC) imposed by the...
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    An unsuccessful white male applicant's reverse discrimination and retaliation claims should proceed to trial based on a personnel director's inconsistent statements and failure to consider his previously rejected application for a subsequently advertised position, the Tenth Circuit ruled. Facts In April 1993,...
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    When has a consent decree for employment outlived its usefulness? The federal trial court in Greenville recently answered that question. Facts William Killebrew and others sued the city of Greenwood, alleging that they had been discriminated against because the city maintained a hiring and promotion policy based...
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