Tuesday, May 7, 2019

Affirmative Action History


Affirmative action was first created from Executive Order 10925, which was signed by President John F. Kennedy on 6 March 1961 and required that government employers "not discriminate against any employee or applicant for employment because of race, creed, color, or national origin".

In 1965, President Lyndon B. Johnson issued Executive Order 11246 which required government employers to take "affirmative action" to "hire without regard to race, religion and national origin". This prevented employers from discriminating against members of disadvantaged groups. In 1967, gender was added to the anti-discrimination list.
It is often instituted for government and educational settings to ensure that certain designated "minority groups" within a society are able to participate in all provided opportunities including promotional, educational, and training opportunities.

The stated justification for affirmative action by its proponents is that it helps to compensate for past discrimination, persecution or exploitation by the ruling class of a culture and to address existing discrimination.


Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. It generally applies to employers with 15 or more employees, including federal, state, and local governments.


Comments

I have always been responsible for regulatory compliance for the companies I served.  I read all Labor and Employment Laws myself. The National Labor Relations Act provided for mutual agreement on Union Contracts. The Wage & Hour Law provided guidance on Exempt vs Nonexempt classification. The Civil Rights Act provided for the continuation of employment screening tests.

Large Companies took a different approach and let their Law Firms dictate their policies and always erred on the side of over-compliance and paid settlements for invalid discrimination claims. This resulted in large fines.

I handled complaints myself and never lost and never paid settlements. I enforced productivity, transparency and respect for employees in a meritocracy. My workforces appreciated good hires, because they wanted good co-workers. They also appreciated the fact that I was not a regulatory zealot.

Affirmative Action compliance had to be balanced by individual merit to avoid workforce cynicism and resentment. Employees didn’t like favoritism from bosses or government edict. I avoided working for companies that were prone to regulatory zealotry. I designed performance appraisal processes that were based on facts and measurable results.

My approach to Affirmative Action since 1967 was to continuing to hire the best candidates I could find based on their interests and abilities. I continued to use multiple tests.

I wrote many Affirmative Action Plans and passed many Compliance Reviews over the years, My workforces always mirrored the community.  I never hired a Black applicant because I needed one. I did hire a lot of Black applicants who aced my tests, interviews and reference checks.

Federal Law is usually passed to fix things that are already improving on their own and they are never repealed, because they attract constituencies that want them to remain.

Norb Leahy, Dunwoody GA Tea Party Leader


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