Implementation of the Affirmative Action Provisions - Research Paper Example

Affirmative Action February 13. Affirmative Action Introduction Human Resource Management (HRM) involves implementation of the Affirmative Action provisions. The research delves on the realities of implementing the Affirmative Acton law. The research delves on reasons behind the law’s compulsory enactment. Affirmative Action law grants better chances to the female and minority groups, in terms of employment, school enrollment, and other activities. The implementation of the Affirmation Action law decreases discrimination in our American society. Intricacies of Affirmative Action The Civil Rights Movement, where Martin Luther King was instrumental in moving what seemed to be unmovable in United States society’s African American rights, precipitated to the creation of the Affirmative Action law. Many quarters, especially the minorities and the women, saw the law as a milestone in human rights history. The affected societal members saw the law as an imperfect but preferable tool to eradicate the current social disease called discrimination (Boit, 2012). Further, the term Affirmative Action centers on the legal provisions of the action. The provisions ensure that equal opportunity is given to people from all walks of life. The law focuses on granting better work opportunities, school opportunities, and other social opportunities within the United States environment. The law specifically states that discrimination occurs when the individuals are unfairly treated because of their gender, race, or ethnicity (Boit, 2012). In the Ricci vs DeStefano case, 557 U.S. 2 (2009), The U.S. Supreme Court affirmed that the New Haven, Connecticut violated the Affirmative Action law when the government leaders discriminated against 20 firefighters. The firefighters passed the promotion examinations. However, the firefighters were promoted on the ground of race. Most of the complaints were African Americans. Two of complainants were Latinos. The Court gave a majority decision stating the government leaders committed discriminated against the 20 firefighters when they discarded the results of the complaining firefighter’s tests. Consequently, the discrimination violated Title 7 of the Civil Rights Act of 1964 (Forst & Dempsey, 2011). Furthermore, the law focuses on two major discrimination areas. First, the equal opportunities are granting females and minorities in terms of work and other benefits. Likewise, the Affirmative Action law ensures that United States society is made up of a diversity of individuals, not a segregation of individuals. The law gives the disadvantaged female and minority individual the right to file a court complaint for their involuntary, overt or institutional discrimination. Statistics show that more White females support Affirmative Action than White males. Further, a majority of the well educated white United States males favor Affirmative Action than less educated White United States males (Boit, 2012). In a report submitted to the United Nations in 1969, the United States was reported as significantly complying with the Affirmative Action provisions. In the same 1969 United Nations report, Malaysia, India, and Israel were also reported as complying with their own versions of the Affirmative Action provisions. In 2004, a report showed that South Africa was the most extreme implementer of the Affirmative Action provisions. In a 1998 report, empirical research findings indicate that Affirmative Action implementation in the United States was very discouraging. However, the same report stated that South Africa eagerly embraced the Affirmative Action policies. Affirmative Action had been harshly contested in many communities, especially in the United States. Some opponents of the Affirmative Action law as unfair because it allocates a certain percentage of the employment population to the minorities and female gender (Boit, 2012). Further, Affirmative Action requires that all companies allocate a certain percentage of the companies’ total line and staff employees to the female and minority groups (Gonzales, 2002). The minority groups include the gays, lesbians. The minority groups include the Asian Americans, African Americans, Spanish-speaking Americans, and others (Boit, 2012). In another related research, many White Americans support Affirmative Action. Most White Americans perceive the minorities and female as threats only if they do not show high regard for the White Americans. To lessen the probability that the minorities and female members of society do not reduce or eliminate their current high regard for White Americans, the Whites implement Affirmation Action policies. The policies are generally implemented when there is an unstable hierarchy where the minorities place a high regard on the White Americans. The research indicates that White Americans allow Affirmative Action plans in order to retain the White American’s position in the Hierarchy (Soo, 2013). Additionally, the aim of Affirmative Action is to give the minorities better chances of getting a job. With the racial discrimination being felt in all walks of United States life, Affirmative Action was coined in order to slightly level the playing field. The law penalizes companies who violate the Affirmative Action provisions. The Affirmative Action law encourages the minorities and the female individuals to muster enough strength to apply for a job. With the law’s assurance, women and minorities can sue the employers (Rabe, 2001). Further, the disgruntled minority applicants can file a complaint stating that the complainants have eyewitness and other evidences to prove that the minority and female applicants’ resumes were turned down because the employer is a homophobic. A homophobic is a person having feelings of the opposite sex. For example, the employer does not hire the female applicant because she confirms that she is a lesbian. Likewise, the employer refuses to accept the best qualified candidate because he affirms to his being liberated gay (Rabe, 2001). Furthermore, the job applicant can file a complaint in court because the employer refused to hire the very qualified job applicant because the applicant is Chinese. Another job applicant can file a case in court by bringing recorded evidences showing that the employer specifically told the job applicant that company policy prohibits accepting African Americans (Boit, 2012). Philadelphia In the case of the film entitled Philadelphia, Andrew Beckett (played by award-winning actor Tom Hanks), is terminated from the law firm. Andre Beckett files a case in court for the illegal dismissal. Beckett also files a case of personal injury damages against his former law firm. Andrew Beckett believes that the law firm’s reason for terminating his services is on the ground that he was irresponsible is unsubstantiated. Andrew Beckett believes that the company intentionally orchestrated his losing the import ant court case file. In short, the lost record was fraudulently planted as evidence to show that Andrew Beckett was not able to comply with all company policies. Beckett, a gay, insisted that company officers loudly showed their disdain for homosexuals, causing his illegal dismissal. Further, finding he was inflicted with AIDS, the company moved to eliminate Beckett’s presence from the law office. The Beckett case was filed by his lawyer, Joe Miller (played by Denzel Washington). The case ended with Beckett winning the court case. The case clearly shows that Affirmative Action plays a vital role in winning employment-related cases, especially dismissal cases. The Affirmative Action law prohibits terminating services of the employees on the grounds of being a minority. Gays one of the minority groups of United States society. Consequently, the Beckett law firm was found guilty of violating the Affirmative Action provisions. Furthermore, the human rights law specifically prohibits the law firm from terminating the services of Andrew Beckett on the ground the he is gay. The law also prohibits terminating the employee, Andrew Beckett, on the ground that he is suffering from a terminally sentenced ailment. Andrew Beckett’s diagnosis as having Acquired Immune Deficiency Syndrome (AIDS) does not grant the company, Beckett’s law firm, to terminate the services of Beckett. Consequently, the movie ends with an earth-shaking bang. The court affirms that Beckett’s rights were abused. The court affirmed that Beckett should be paid damages for the abuses suffered from his former employer, a law firm where Beckett served as one of its active and responsible trial lawyers. The movie serves as a lesson to all employers. The employers will pay for their wanton violation of the Affirmative Action provisions. In the same light, the movie audiences will gain new lessons. The lessons include persuading the employees, movie audiences, to stand up for their rights. The lessons include strengthening the employees’ resolve to file cases in courts for any violation of the Affirmative Action provisions. Similarly, the movie goers, who are employees, are taught to file cases against employers who terminate their services on the grounds that they are gay or afflicted with new sicknesses, such as AIDS, during their tenure as employees (Boit, 2012). Affirmative Action in the Enrollment Environment In terms of schooling, some quarters questioned that schools show negative effects, in terms of school scores. In a study conducted, most African students were admitted on two major reasons. First, the minority students were varsity players. The normally, athletes are admitted because they will bring the name of the school during basketball, soccer, volleyball, football, baseball and other games. However, their school scores are often low, compared to students who are not athletes. The reason is obvious. The school athletes focus most of their time practicing for the games. On the other hand, those who are not members of the varsity teams exert more time and effort studying for their next day’s class lessons (Sander & Taylor 2012). Further, the second reason is that some of the minority students are beneficiaries of the Affirmative Action provisions. Consequently, the school has to prefer the less intellectually gifted African American student over the very intelligently gifted White American in order to comply with the very essence of the Affirmative Action law. Consequently, the less intelligently gifted minority students get low academic grades (Sander R., Taylor, S., 2012). Having low academic grades, the minority students are discouraged to continue their studies, dropping out from school. These minority students normally end up on the lower 20 percent of the class. The same minority students suffer from lower self esteem because of their low academic grades. With low intellectual prowess, the Affirmative Action beneficiaries fail in the scheduled board exams such as the engineering boards, accounting boards, nursing boards, and bar exams (Sander &Taylor, 2012). Affirmative Action Survey In another related research, there were different views on how the Affirmative Action provisions should be implemented (Haley & Sidanius, 2012). A survey was conducted among several Los Angeles, California residents. The respondents included 328 White, African American, and Spanish-speaking County residents. The survey focused on determining the best provisions that would be included crafting or editing the Affirmative Action provisions. The results of the survey indicated that the White Americans prefer to include provisions that would favor the White Americans. In the same manner, the other groups have self-directed biases. The African Americans prefer to insert provisions that would favor granting more benefits to the African Americans. Likewise, the Spanish-speaking Americans would prefer to include provisions that would grant more advantages to their own minority group. The same research indicated the White Americans show lesser approval for the drafting of the Affirmative Action provisions than the African Americans and the Spanish-speaking Americans. Ill Effects of Not Implementing the Affirmative Action Plans To reiterate, without the Affirmative Action provisions, discrimination will remain unchecked. The White employers can continue to prefer White American applicants over African Americans, Asian Americans, and Latin American job seekers. Additionally, the American Employers can reject the competent and intelligent job applicant’s resume on the ground the he is gay or she is a lesbian. The law specifically penalizes the companies found guilty of such policies (Boit, 2012). Advantages of Implementing the Affirmative Action Provisions There are advantages in hiring minorities in the workplace. The Spanish speaking employee contribute a significant share to the company’s sales and profit generation. The Spanish speaking employee can be assigned to serve the immediate needs of the company’s Spanish speaking current and future customers. With the minority’s help, the company’s sales will increase, especially when a majority of the company’s customers are from the Latin American nations. Likewise, hiring African Americans will generate many benefits to the hiring company. The African Americans can be beneficially hired to serve the compulsory needs of the hiring company’s African American clients (Mukhopadyav, 2010). Further, with the American culture of prior slavery and complete ownership of the African Americans, slight friction can still be felt among some of the African Americans and Some White Americans. Consequently, the company can assign the African Americans to serve the needs of the African American customers in order to have a common conversation topic. Admittedly, some African American customers prefer to deal with African American sales persons than White American sales people. Race and ethnicity significantly influences sales performance (Burns, 2000). In the same manner, there are advantages in hiring females in the workplace. Love often crops up when males meet females. It is the human biological process whenever male and females normally meet. To please a female fellow employee, the male employee exerts extra efforts to help the female complete her assigned office tasks. Love pushes the world to go forward at higher speeds, especially in the workplace. The office boss is inspired to work harder to impress his heart’s desire, the office secretary. Further, love creates job inspiration. The office lovers try to impress the other person by doing their best. One lover’s winning the best employee award will enamor the other person to work harder in the office environment. In the human resource department, female human resource officers exude a different aura on the employees than the male employees, especially when the lovely and friendly human resource officer or line and staff employee entertains the grievances of the male disgruntled employee. A heartwarming smile from the human resource employee will surely simmer down a hard to control employee. Conclusion Summarizing the above discussion, human Resource Management incorporates setting into motion the legal provisions of the Affirmative Action law. The minorities will benefit from the employment and other benefits of the same law. The Affirmative Action law’s compulsory enactment widens the female gender’s school enrollment and other possible opportunities. Affirmative Action law level grants better chances to the female and minority groups, in terms of employment, school enrollment, and other activities. Evidently, the implementation of Affirmation Action plan significantly reduces discrimination in United States society, despite many obstacle-generating opponents. References: Boit, J. (2012). Affirmative Action. New York: Grin Press. Burns, J. (2000). Government of the People. New York: Prentice Hall. Dempsey, J., Forst, L., (2011). An Introduction to Policing. New York: Cengage Learning. Gonzales, E. (2002). Defining Post Conventional Corporate Moral Responsibility. Journal of Business Ethics , 39 (1), 101-108. Haley, H., Sidanius, J. (2012). The Positive and Negative Framing of Affirmative Action. Psychological Science , 1 (23), 303-309. Mukhopadyav, A. (2010). Profitability Performance and Firm Size Growth Relationship. Journal of Business & Economics , 8 (9), 121-127. Rabe, J. (2001). Equality, Affirmative Action and Justice. New York: BoD Press. Sander R., Taylor, S. (2012, October 13). The Unraveling of Affirmative Action. The Wall Street Journal , p. 1. Soo, P. (2013). Whites Strategic Support for Affirmative Action. Psychology Bulletin , 39 (3), 332-345. Read More