How To Create An Affirmative Action Plan

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How To Create An Affirmative Action Plan – An affirmative action plan (AAP) is a written document designed to promote equal employment and career opportunities for minorities. The term “affirmative action” was first coined by President John F. Kennedy in an executive order in 1961. It required employers to “hire applicants and take affirmative steps to ensure that employees are treated on the job without regard to race, religion, color or national origin”. Today, affirmative action has changed to include affirmative action programs that target underrepresented groups in the workplace. AAPs use corporate data from previous years to determine which teams to attract, hire and support.

Organizations that work with the federal government and meet the government’s AAP criteria must have a written plan. Other companies not required to have a plan can voluntarily develop an AAP in accordance with government guidelines.

How To Create An Affirmative Action Plan

How To Create An Affirmative Action Plan

HR leaders should be familiar with AAP laws. Failure to comply with these laws can result in heavy fines. For some organizations, the AAP is critical to their identity and values ​​and influences their recruiting, hiring and employment policies.

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Creating a comprehensive AAP plan can foster a company culture made up of people who reflect the diverse demographics of the population. An affirmative action plan that truly aligns with President Kennedy’s 1961 executive order and Reverend Martin Luther King Jr.’s dream that people are “not judged by the color of their skin, but by their character,” will undoubtedly strengthen a corporate culture that promotes equal opportunities for all. .Anti-discrimination laws such as Title VII of the Civil Rights Act of 1964 and Section 1981 of the Civil Rights Act of 1866 protect organizations based on race or other conditions in a variety of situations, including funding, programming, and employment. from feature-based decision making. .See our previous posts on Title VII and Section 1981.

How To Create An Affirmative Action Plan

Section 1981 raised concerns, particularly among nonprofit organizations that wanted to develop grant programs that benefited certain racial minorities.

For example, a benevolent grant program designed to provide funds to at-risk black youth in the Bronx may appear purely philanthropic, but in violation of Section 1981 may be deemed to fund a particular racial group.

How To Create An Affirmative Action Plan

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As discussed below, incorporating an affirmative action plan into a nonprofit’s match-based grantmaking processes can provide an important defense against Section 1981 violations.

In the context of Title VII (employment) claims, the Supreme Court has generally held that an employer can defend a discrimination claim if its race-based hiring program was implemented pursuant to an affirmative action plan. Showing:

How To Create An Affirmative Action Plan

(2) does not “needlessly infringe” the rights or “create an absolute barrier to the advancement of members of the underprivileged class”; and

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There is a long list of courts that have expressly held that the aforementioned affirmative defenses authorized by Title VII apply to § 1981 race discrimination claims. In particular, the court

How To Create An Affirmative Action Plan

657 F.2d 962 (8 Cir. 1981), a seminal case cited by others, summed up the issue perfectly:

It sure would be. . . If the Civil Rights Act of 1866 was the only effective tool used to prohibit past discriminatory practices against blacks and other minorities, that law did almost nothing to prevent such discrimination for more than a century. irony when it is useless. . . . We conclude that the Supreme Court, in authorizing race-based affirmative action by employers [under Title VII], implicitly authorized the use of race-based plans to address past discrimination under Section 1981. ] Title VII and its coverage under with Article 1981 it makes no sense.

How To Create An Affirmative Action Plan

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Title VII is specifically limited to claims of discrimination arising in the employment context, while Section 1981 applies broadly to any contract in any context (employment or not). Thus, courts could limit the applicability of Title VII’s affirmative action to employment claims under Section 1981. However, courts have allowed Section 1981 protections in a limited number of non-employment cases, such as school admissions.

For example, in 2002, a court held that a private school with an admissions policy that favored Native Hawaiian students and denied admission to certain eligible (white) students did not violate section 1981. In support of its decision, the court found that there was a clear disparity in educational achievement affecting Native Hawaiians at the school, that the admissions policy did not unreasonably infringe on the rights of members of the underprivileged class, and that the school’s admissions policy clearly did no more than was necessary to remedy the imbalance. Native Hawaiian students suffered.

How To Create An Affirmative Action Plan

If enacted, courts’ willingness to apply Title VII’s affirmative action defense suggests that they may be willing to apply the defense in other non-employment contexts, such as the awarding of subsidies.

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It is clear that courts support affirmative action plans designed to address inequities resulting from current or historical discrimination. However, it is unclear to what extent a court will permit an affirmative action plan that increases diversity but does not seek to remedy a specific disparity arising from discrimination. Courts have historically held that plans based solely on diversity provide insufficient protection against Section 1981 violations.

How To Create An Affirmative Action Plan

However, recent Supreme Court decisions have opened the door to allowing preferential treatment solely on the basis of enhancing diversity—in 2003, the Supreme Court held that the diversity of the student body was a compelling interest that could justify the use of race in university admissions.

It remains unclear whether the promotion of diversity (without the intention of redressing inequalities) will be accepted as affirmative action advocacy outside the context of education and admissions.

How To Create An Affirmative Action Plan

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Given that most of the 1981 cases involving affirmative action protections were in the context of labor law and school admissions, and none of the cases we know of so far were in the context of grantmaking—where does that leave a nonprofit where does he want me to compete? – grants? Although there is still a significant degree of risk and uncertainty, it is reasonable to believe that such previous supportive positive measures will apply similarly in the grantmaking context. And until courts or regulations determine whether Section 1981 applies to grantmaking, creating a strong affirmative action plan is a safeguard a nonprofit can implement if it wants to make tribal grants and is willing to accept the related risks.

Using a positive action plan with a shared vision will not be enough. A non-profit organization should be able to protect the positive impact

How To Create An Affirmative Action Plan

A written affirmative action plan that includes each affirmative action listed above. That is, the plan must provide a grant on a match-by-match basis:

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In developing their first-step approach, NGOs should keep in mind that courts favor affirmative action policies that eliminate discriminatory disparities over those that promote diversity.

How To Create An Affirmative Action Plan

Proving that the existence of an “apparent imbalance” shows that rights are not “needlessly violated” and that an affirmative action plan does no more than is necessary to redress the balance is beyond the scope of this post. Accurate statistics and metrics should be used to confirm that each pillar has been met, but beyond that, the specifics of how each Affirmative Action Plan is best served by grants will depend on many factors and factors, including size. the grant, the organization’s mission, the community and area it serves, and the organization’s overall risk tolerance. Consultation with experienced legal counsel is recommended when drafting a competitive grant program.

Once an affirmative action plan is developed, it is wise to maintain written records of the approval process for each grant and its relationship to the affirmative action plan.

How To Create An Affirmative Action Plan

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Finally, even if a Section 1981 violation does not apply to a nonprofit organization, an affirmative action plan (whether employment, programmatic, or otherwise) is a very important tool for any organization. various reasons such as: What is an Affirmative Action Plan (AAP)? Different sections of AAP What is the purpose? How do you use AAP to determine if a target exists? If there is a goal, what to do? Organizational affairs Questions and answers

An organization with an equal opportunities policy. An organization that analyzes its workforce to assess the potential underutilization of women and minorities. The agency develops an action plan to address underutilization and makes good faith efforts to implement the plan. AA’s goal is a diverse workforce!

How To Create An Affirmative Action Plan

Quotas Extension of benefits based on race, color, religion, sexual orientation, sex, disability, veteran status, or national origin. It must be replaced by affirmative action programs.

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5 What is AAP? The AAP is a management tool designed to ensure equal employment opportunity.

How To Create An Affirmative Action Plan

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