New PDF release: Affirmative Action

By Nicholas Capaldi

ISBN-10: 0585071543

ISBN-13: 9780585071541

ISBN-10: 084768301X

ISBN-13: 9780847683017

During this publication, individual philosophers debate the most debatable public coverage problems with the past due twentieth century. every one starts off through creating a case for or opposed to affirmative motion, laying out the most important arguments on each side. each one writer then responds to the other's essay. Written in a fascinating, available sort, Affirmative motion is a superb textual content for junior point philosophy, political thought, public coverage, and African-American stories classes in addition to a advisor for execs navigating this significant debate.

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Extra resources for Affirmative Action

Sample text

Moreover, section 703j explicitly denies that Title VII requires preferential treatment or a racial balance. Title VII did not specify the definition of discrimination, and the courts have distinguished three forms it may take: (1) disparate treatment, classifying people as different who are similar in the relevant respects or classifying people as similar who are different in the relevant respects; (2) adverse impact, when a seemingly neutral procedure such as testing, interviewing, or educational requirements disproportionately eliminates a particular group from certain opportunities without those procedures being relevant to fulfilling the requirements of that opportunity; and (3) perpetuating the effects of past discrimination into the present, as when an agreement between management and union effectively excludes a particular group from training, promotion, and retention benefits.

Duke Power Co. (1971), requiring a high school diploma or passing score on an intelligence test for jobs that could be performed without need of such would disproportinately affect Blacks and other groups who historically had been denied equal educational benefits. Such "color-blind" qualifications would also exclude many Whites from jobs for which they would otherwise qualify. 15 Illegal discrimination would also be indicated in practices that perpetuate the effects of past discrimination into the present.

S. Commission on Civil Rights was empowered to monitor the efforts of enforcement agencies, and in 1971 the commission provided comprehensive evidence that meaningful results were not being produced. Subsequently, Congress passed the Equal Employment Opportunity Act of 1972 extending the Equal Employment Opportunity Commission's (EEOC) oversight to employers and unions with over fifteen members and to all state, local, and federal government employees. A council was established to coordinate the activities of the various agencies involved in enforcement of Title VII, and the EEOC was granted enforcement powers and jurisdiction over cases involving institutional patterns of exclusion.

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Affirmative Action by Nicholas Capaldi

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