According to this report, affirmative action is currently required by law constitutionally. As the Supreme Court struggled with the seemingly intractable issue of racial segregation in public schools, part of the seeds of the controversy regarding affirmative action can be traced back to the early 1960s.In this period, the Equal Protection Clause of the U.S. was interpreted to cast a “duty” upon local school boards. Previously segregated systems has to desegregated, and the last remnants of state-mandated segregation had to be eliminated. Affirmative action plans adopted or imposed by public entities with a history of discrimination were also upheld by the Court. The Executive and Congress have enacted laws and regulations that give the go-ahead to promote minority employment, education, and government contracts via “race-conscious” strategies, either directly or through judicial or administrative interpretation. Title VII of the Civil Rights Act of 1964 sets out the basic framework for affirmative action in employment. The Act prohibits employment discrimination based on race, color, national origin, and religion. For the purposes of remedying discrimination, Title VII remedial measures rely largely on the judicial concept of “such affirmative action as may be appropriate,” including an injunction and monetary damages. Employers are not required by statute to adopt affirmative action plans unless they have been ordered by a court to remedy “egregious” violations of law or it has been settled through a consent decree. It has been noted that the Equal Employment Opportunity Commission has implemented guidelines to protect employees and employers from retaliation claims when they voluntarily remove discriminatory effects related to the past from employment.
Businesses’ Affirmative Action
According to the Executive Order, construction firms with federal contracts of at least $10,000 within a year must ensure equal employment opportunities. The federal government deals with about half of the U.S. workforce, due to which this order has a wide reach. This law also covers subcontractor firms that produce parts for engine parts manufacturers for military vehicles. Federally-deposited funds-or savings bonds sold or cashed by financial institutions-are also covered by the affirmative action policy. The same explanation applies to the companies that provide parts to federal contractors, such as those manufacturing engine parts for military vehicles.
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