NCJ Number
59224
Date Published
1979
Length
13 pages
Annotation
CURRENT IMPLEMENTATION STRATEGIES WITH REGARD TO EQUAL EMPLOYMENT OPPORTUNITY PROCEDURES ARE DISCUSSED; PRESENT AND FUTURE RAMIFICATIONS OF SUCH PROCEDURES ARE PRESENTED.
Abstract
THE PASSAGE OF THE 1964 CIVIL RIGHTS ACT, PARTICULARLY TITLE VII, AND THE EQUAL EMPLOYMENT OPPORTUNITY ACT OF 1972 WERE SIGNIFICANT EVENTS IN THE HISTORY OF FAIR EMPLOYMENT PRACTICE. HOWEVER, MANY OF THE 'APPLIED REMEDIES' WITH REGARD TO ENFORCEMENT OF THE SPIRIT OF THESE LAWS APPEAR TO BE MORE COSMETIC THAN CURATIVE. THE PERSONNEL PROBLEMS OF TODAY AS ENCOUNTERED BY POLICE ADMINISTRATORS AND OTHER WHO AFFECT THE COURSE OF FAIR EMPLOYMENT PRACTICE DEMAND SOLUTIONS. THE ELEMENT OF TIME, MINIMUM QUALIFICATION STANDARDS, ECONOMIC CONSTRAINTS, AND THE VAGARIOUS SYSTEM PRESENT MAJOR OBSTACLES TO PRACTICAL FULFILLMENT OF THE ESTABLISHED GOALS OF EQUAL EMPLOYMENT LEGISLATION. FOR EXAMPLE, IF A CASE FOR DE FACTO DISCRIMINATION IS ESTABLISHED, THE DEFENDANT AGENCY FINDS ITSELF UNDER IMMEDIATE COMPULSION TO IMPLEMENT A COURT-FASHIONED REMEDY. REMEDY INVOLVES AGENCY MODIFICATION OF ITS SELECTION PROCEDURES SO AS TO INCORPORATE PROFESSIONALLY DEVELOPED SCREENING INSTRUMENTS TO REDRESS THE INEQUITIES. UNFORTUNATELY, RARELY WILL THE AGENCY HAVE THE TECHNICAL RESOURCES NEEDED TO IMPLEMENT THE REQUIRED PROGRAMS, AND WILL SEEK EXTERNAL HELP, I.E., A CONSULTANT. THE SUCCESSFUL IMPLEMENTATION OF THE SUGGESTED PROGRAM HINGES UPON BOTH QUALITY AND ACCEPTANCE, AND AGENCY RESISTANCE IS OFTEN A FACTOR WHEN THE CHANGE EFFORT IS PRECEDED BY LITIGATION. SIMILARLY, NEGOTIATING A CONSENT DECREE CAN BE A LENGTHY PROCESS. SECOND, MINIMUM QUALIFICATION STANDARDS OFTEN RESULT IN OVERQUALIFICATION FOR THE JOB, AND EVIDENCE SUGGESTS THAT OVERQUALIFICATION MITIGATES AGAINST THE LIKELIHOOD OF OPTIMUM JOB PERFORMANCE. THIRD, ECONOMIC CONSIDERATIONS ARE AN IMPORTANT FACTOR IN EFFECTIVE IMPLEMENTATION. IT IS SUGGESTED THAT A PLANNED EARLY RETIREMENT SCHEDULE MIGHT BE INSTITUTED IN FURTHERANCE OF AFFIRMATIVE ACTION GOALS, PREMISED ON THE ASSUMPTION THAT HIGH-TENURE EMPLOYEES ARE PREDOMINANTLY MALE CAUCASIANS. ECONOMIC CONSIDERATIONS ALSO ARISE DURING LAYOFF CONDITIONS, WHEN MINORITIES WITH LESS SENORITY ARE THE FIRST TO BE LET GO, THUS CANCELING THE POSITIVE EFFECTS OF AFFIRMATIVE ACTION HIRING. THE WILL OF THE COMMUNITY SHOULD DETERMINE THE CHARACTER OF PUBLIC SERVICE, BUT THE COMMUNITY CONSISTS OF DIVIDED FACTIONS, I.E., MINORITY GROUPS COMPETING FOR JOBS, ALONG WITH MAJORITY GROUPS AND UNION INTERESTS. IT IS CONCLUDED THAT THERE IS A RELUCTANCE ON THE PART OF EMPLOYING ORGANIZATIONS TO VOLUNTARILY IMPLEMENT AFFIRMATIVE ACTION PROGRAMS, AND THAT THE CURRENT PIECEMEAL APPROACH IS SELF-DEFEATING; AN INTEGRATED, SYSTEM-WIDE APPROACH TO FAIR EMPLOYMENT ISSUES SHOULD BE THE ULTIMATE GOAL. REFERENCES ARE INCLUDED. (LWM)