The benefits and drawbacks of affirmative action hiring practices Essay


We are about to analyze in this topic if affirmative action has a big part on the improvement on the employment of women and minorities. There are many factors we had to consider like income attainment, promotion rates, occupational attainment and employment rates.

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              The employment of women and minorities, the employment rate of black female and male increased extensively faster in organizations that are growing in national government contractors than in other establishments. There are researches that shows white males are more likely to become professionals than black males. The departments which have healthier commitments to hire women had excellent function rates of women to police jobs. There are research that shows that women has more stable employment than men. The affirmative action programs has upgrade employment rate of women than that of men.

              In urban areas there is an association on the percentage of employment in the color of people, and the position of the highest women in the business. Therefore women minorities have to take the different ways to arrive on the same place for their career, and experience should always be placed into consideration if they will be accepted for the job.

Reverse discrimination

Affirmative action is designed to end discrimination and unfair action of employees based on color, but in result does the contrary. It would lead a truly color blind society, there is no relation between hair/eye color and intelligence, discipline, ambition, character, or other essentials. Thus, it is useless to even ask about the information. On the other hand, there is no connection between skin color and intelligence/discipline etc. It patronizing to minorities to say they need affirmative action to do well. It demean true minority attainment like success is labeled as a effect of affirmative action rather than hard work and ability. In such action is no longer needed and believed that the subject has been leveled. Thus, they ignore alarming figures; in the United States the whites were awarded and received more PhDs than African American. The fact is that while America has complete progress on racial issues, these are recent susceptible to being overturned and in fact nowhere near completed.

Affirmative action versus equal employment opportunity program

Affirmative action and equal employment (EEO/ AA ) master plan, embodied different concepts. But in terms to selection, employment and promotion they are similar, these things give both a wide perspective in treatment of minorities. In terms of hiring process, training and promotion all individuals must be treated equally, evaluation should be made to a person to a person base on stepping up conception from what group he came from only focus on the qualification and capability of the person for the job.

Because of affirmative action on hiring of police in municipality and fire departments the individual employee will look forward to overcome the effect of past discrimination to be positive in their effort upon recruitment. It also aims to make every group or organization to erase remove the barrier, the limits within the professional and personal development of individuals who are member of the protected classes. It should take the affirmative steps to invite those competent women and minorities in the field. This effort recruits, employ and advances qualified women and minorities without double standard. Being best qualified should not necessarily mean being subjective. When we rely on making broad classification to people we sometimes consider qualification to be standard. Thorough examination should be imposed on the qualification requirements that we make. Different people has different qualifications to a particular job, therefore it brings various but equally important assets to the position, work experience of a person to be hired gave one of the best qualification an award to their station degree.

It is not usually valid to depend on the measures of qualification; it is sometimes against women and minorities who are usually new to the field of the job as police.

Discrimination of minorities in municipal police and fire departments
Affirmative action leads to reverse discrimination, it gives to an end to unfair

action of employees based on color, but it is imposed it gives the opposite side, because whites male or female who had work harder much qualified will be given strict qualifications to pass. On the other hand the minorities fall into the middle or upper class therefore whites lives in poverty. Unluckily, the minorities are now above the white in terms of position, even though these whites exert more efforts and hard work, much qualified they will be given strict qualifications to pass.

Affirmative action lowers principles of liability which is needed to push employees to carry out better. Because by setting lesser standard for hiring, we are deducting the level of responsibility. Difficult task, discipline and achievement should be rewarded by promotion; it should not be given to an employee because he or she is a certain race.

   Consent decree
This is disseminated in 1980 when the department of justice sued the departments in United States alleged of biased hiring practices against minorities and women. Although the decree does not order any particular hiring practice, but it rules the need of government municipality to set long term staffing goals

Consent decree requires obedience with goals of employment in relation to affirmative action. To give special treatment to minorities in admission to employment in the municipality and fire departments. These sets of policies has been developed to correct decades   of discrimination and to up bring the minorities.

In our current condition there are suggestions that these policies are no longer wanted and those they direct to more troubles than they so Federal Anti-Discrimination Legislation. Pursuant to the EEOC on Contingent Workers, temporary staffing employees. A provisional worker is an employee for purposes of federal anti-discrimination laws “if the right to control the means and manner of work presentation rest with the recruitment firm and its client rather than with the worker itself”(1997 EEOC Guidance).

Whichever the employment agency or the company by that agency may be held legally responsible for biased behavior against the worker depend on whether each has “the just process to exercise manages over the worker’s service. A client of a temporary employment agency usually qualifies as an employer of the provisional worker during the job task, along with the agency because the client usually exercises important administrative control over the worker. Thus, leasing a worker from a staffing agency does not automatically exempt employers from federal anti- Discrimination legislation.

Cities and countries that studied the impact on affirmative action
In 1996, Californians voted to prohibit race and sexual group preference in government. Ten years later, the chancellor of the condition-funded University of California at Berkeley, justice and area, charged with making Berkeley more inclusive and   less hostile to underrepresented alternative groups. This move is just the most recent appearance of the University of California’s persistent confrontation to the 1996 voter suggestion. A program of rising the illustration of firm chosen groups supposedly looking for to restore inequity to have partiality through vigorous actions in employment.

On the other hand, opponents of affirmative action compete that affirmative action programs are prejudiced in that they endorse under competent in the United States, in such achievement mostly applies alter the point, the time when the individual are changing their employment. Those most affected thus include working age adult.

This agreement has the maximum strength on young people, while maintaining the status and position of recognized members of society. This overall structure was established in March 1961 by President John F. Kennedy, but has evolved over higher qualified individuals based on race and civilization considerably the original Executive order.

John McDonald says Domino’s failed to honor its 1997 contracts with his company, JWM Investments Inc. because he is black, Domino’s had contracted with the company to build four pizza franchises in the Las Vegas area. In recent years, the process

The process to classify workers as employees or leased workers from staffing agencies has become increasingly dangerously for employers.

Economic incentives for employers to use contingent workers abound, including that employers generally can exclude such workers from their benefit plans, need not withhold for tax purposes, and do not have to provide workers from their benefit plans, need not withhold for tax purposed, and do not have to provide worker’s compensation coverage.  Moreover, in the case of temporary or leased workers, employers can shift responsibility for most personnel-related actions to the staffing agency. Nonetheless contractors and temporary or leased workers from staffing agency. Nonetheless, misclarification is an ever Increasing risk and may carry with it severe financial repercussions

            Strict inspection in 2006 require that race-based hiring programs  only just modified to complete a convincing government interest, and that any supposed “previous discrimination” which such programs are intended to preparation must established by hard and beyond doubt research which shows that ethnic discrimination was the intervening cause that more blacks were not hired by the issue of organization.

            Meanwhile, the Fire Department has changed its hiring practices to remove race as a hiring criteria, in an effort to protect the department from being sued for discrimination. the suit had originally been brought against the city in 2000 by Dean, who was not hired by the Fire Department and felt the hiring practices of the city discriminated against him because he is white.  Dean had received a higher test score than some of the black people hired then, the suit stated.  The other men joined the lawsuit soon after.

In 1980, a criticism was bring in opposition to the city by the U.S. Justice Department that said the Fire Department had discriminate against blacks and females.  Up to that position, the Shreveport Fire Department had hire only three black men in the past of the department, according to court records.  The Federal 5th Circuit Court of Appeals ruled that the Fire Department had to fill” at least 50 percent of all vacancy with competent black applicants.”  The Fire Department was ordered to divide job candidates into two categories, white and black.  The most competent candidates from each group received job offer even if the most qualified candidates were all in one group so that jobs were evenly distributed to equally whites and blacks.

            A consent decree was agreed to with a long-term goal of the Fire Department staff reflecting that available work force of the city. When the firm is accused of illegal race or gender discrimination, the resulting legal costs may not be the only punishment it incurs. The   discrimination are the change in the value of the firm because of the change in its reputation due to the discrimination dispute. We find that the reputation costs can far go beyond the legal costs of discrimination charges. Thus firms should be worried with reputation costs both in positioning the firm in diversity organization, and in managing the response of the firm to stakeholders in discrimination dispute.


Supplier of work, movable or fixed property, or services, education or benefits as referred to in section 2 who has infringed the requirements of section 6 or section 8 on the basis of age, ethnic or nationwide origin, nationality, religion, belief, opinion, state of health, disability or sexual orientation shall pay the injured party compensation for the anguish caused by such discrimination or persecution. Compensation shall not exceed 15,000 euros, depending on the severity of the contravene.

            In determining the level of reward, due consideration shall be given to

the type and degree of the discrimination and its period, the approach to his/her actions on the part of the person who has infringed section 6 or section 8, any settlement reached between the parties, the reinstatement of a legal position of equality, the monetary position of the lawbreaker and other situation, plus the financial compensation imposed or ordered to be paid under other legislation for the same act of violation against the person. Imposition of reward is not obligatory if not imposing it would be a reasonable decision in the circumstances.


            It does not matter where we are employed we will meet several cases of  unfair treatment, either from our employer or co employees. The reason behind is discrimination from what race we came from should not be considered, the ideal race, colors of the skin, being a male or female and the minorities should not be given a serious focus because in

reality every person have its own unique characteristic to be unique from the other, because we are made out of different genes from our parents and ancestors that made up our personality and physical attributes, we do not choose to be isolated from the other groups of people only for the reason that we came from a different views of what is expected by the society. The important aspect is that we should always be placed into consideration on how we could be effective in our work environment as an individual and a part of the society. Thus the judgmental system that colonizes our mind should be set aside and prioritize the important service we could give to our city, government and especially to other human being. Because the true reason of existence is to accept that we are a diverse group of people that should interact with each other to contribute on our experiences and make our selves a better individual.

                                     Work Cited

Bernstein,David E. , (2004). The Growing Threat to Civil Liberties from Antidiscrimination Laws, Cato Institute.

Espenhade T.J., C.C. Chang (2002). The Opportunity Cost of Admission to Employment.

Social Science Quarterly Volume 86 November to June

Shaheen Lakhan, (2003).Diversity of U.S. Medical Schools via Affirmative Implementation.BMC Medical Education pp. 3-6.


Richard H. Sander, (2004). Richard Sander’s Homepage A systemic analysis of Affirmative Action in American Law Schools. Stanford Law review.pp. 221

 New Law Journal, (2006). Disability Case Law Relating to rights regarding access.

 November 2006 pp 1668.

Journal on Compensation awards (2005). An overview of compensation levels including sex, race, disability, religious, sexual orientation and combined jurisdiction. Equal Opportunities Review, August 2006, No. 155, pp5-26.

Journal for ethnic minority Women (2006). An overview of the EOC’s Moving on up.

Working Brief, October 2006, No. 178, pp10-13.