EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION PROGRAMS FOR FEDERAL GOVERNMENT CONTRACTORS

• NCJ Number: 58844
• Journal: Business Lawyer Volume: 31 Issue: 3 Dated: (APRIL 1976) Pages: 1509-1515
• Author(s): R S KELLY; M M THORKELSON
• Date Published: 1976
• Length: 7 pages
• Corporate Author: American Bar Association
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

PROBLEMS FACED BY FEDERAL CONTRACTORS IN DEVELOPING REALISTIC AND ACCEPTABLE AFFIRMATIVE ACTION PROGRAMS ARE DISCUSSED.

Abstract

IN MEETING FEDERAL REQUIREMENTS TO TAKE AFFIRMATIVE ACTION TOWARD MINORITIES AND FEMALES, FEDERAL CONTRACTORS FACE SEVERAL PROBLEMS: (1) DEFINING RECRUITMENT AREAS, (2) DETERMINING HOW MANY QUALIFIED MINORITIES AND FEMALES ARE AVAILABLE FOR A GIVEN LINE OF WORK IN ORDER TO DETERMINE APPROPRIATE REPRESENTATION, (3) CONFLICT BETWEEN AFFIRMATIVE ACTION AND PROMOTION-FROM-WITHIN POLICIES, (4) DEFINING JUSTIFIABLE QUALIFICATIONS FOR SPECIFIC POSITIONS, (5) A PROPOSED RULE THAT WOULD REQUIRE BACKPAY FOR CLASSES OF PERSONS SUFFERING FROM THE EFFECTS OF PAST DISCRIMINATION (THE 'AFFECTED CLASS RULE'), AND (6) OVERLAPPING JURISDICTIONS AND CONFLICTS AMONG FEDERAL AGENCIES RESPONSIBLE FOR ADMINISTERING EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION LAWS AND REGULATIONS. COMPLIANCE AGENCIES ARE BEING PRESSURED BY THE GENERAL ACCOUNTING OFFICE AND BY CIVIL RIGHTS ORGANIZATIONS IN THE AREA OF AFFIRMATIVE ACTION, AND THERE IS A TREND TOWARD JUDICIAL REVIEW OF AFFIRMATIVE ACTION PLANS. SUCH DEVELOPMENTS INDICATE AN INCREASING LIKELIHOOD THAT CONTRACTORS WHO DO NOT COMPLY WITH AFFIRMATIVE ACTION REQUIREMENTS WILL BE PENALIZED. CONTRACTORS ARE ADVISED TO TAKE THE FOLLOWING STEPS: (1) DEVELOP BETTER DATA ON AVAILABILITY OF MINORITIES AND FEMALES, PROPER RECRUITING AREAS, AND NECESSARY JOB SKILLS, IN ORDER TO ESTABLISH REALISTIC GOALS AND TIMETABLES AND TO WITHSTAND UNREASONABLE DEMANDS FROM COMPLIANCE AGENCIES; (2) RESIST THE PROPOSED AFFECTED CLASS RULE ON GROUNDS OF UNCLEAR AUTHORITY FOR ITS ENFORCEMENT; (3)OBSERVE DISCLOSURE DEVELOPMENTS WITH A VIEW TO PROTECTING AFFIRMATIVE ACTION PLAN DOCUMENTS FROM DISCOVERY OR FREEDOM OF INFORMATION ACT REQUESTS; AND (4) PREPARE TO CHALLENGE COMPLIANCE AGENCY ATTEMPTS TO UNDERTAKE ENFORCEMENT ACTIONS WITHOUT HEARINGS REQUIRED BY DUE PROCESS.