Equal Employment Opportunities: A Look Inside Affirmative Action

Abstract

This paper examines the history and legislation of equal employment opportunities and the effects it has had on all aspects of the American workplace. Discussions will include how the origins of Affirmative Action came to be, who it was for and when it was enacted, and what segments of the population have needed the protection and workplace security these laws provide. Topics discussed will be Equal Opportunities for all including the older worker, the physically / mentally disabled worker, and the alien worker, in addition to the more commonly discussed "color and gender" issues. Lastly, Equal Opportunity will be used to discuss how workplaces are now becoming more diverse due to a greater variety of employees, once traditionally discouraged from being part of the company team.

History and Overview

Beginning in 1866, Civil Rights Programs were enacted to ensure that steps were being taken to bring African- American citizens to the same free and equal status that the white Americans had (Sykes, 1995). These laws helped social changes, but employment and economic help did not arrive until much later. Black Trade Leader, A. Phillip Randolph, urged then President Franklin D. Roosevelt to enact legislation, which would give African American workers a fair change at seeking employment with the government. Randolph's efforts were recognized, when, in 1941, Roosevelt signed Executive Order 8802, which outlawed segregationist hiring policies by agencies who held contracts with the government (Sykes, 1995). During the Truman administration, Truman, in 1953, urged the Bureau of Employment Security to "to act positively and affirmatively to implement the policy of nondiscrimination . . . ." (Sykes, 1995.)

Later, in the 1960's President Lyndon B. Johnson gave equal opportunities a boost, and was the first president to use the term "Affirmative Action". Executive Order 11246 was signed in 1965 and required all federal contractors to ""take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin." (EEOLAW.com). Johnson further expanded his legislation in 1967 to ensure that women would be covered against discrimination (EEOLAW.com).

Who is Protected, and By What Legislation?

When one thinks of Equal Opportunity and Affirmation Action, common misconceptions are that these laws only protect African Americans, however many other Americans benefit and are protected by these laws (NOW, 1995-2003). For example, the Age Discrimation in Employment Act of 1967, forbade employers from discriminating against persons age 40 and over, and from employers retaliating against these older workers if they file a complaint (EEOLAW.com). Another important Act that protected Americans was the Americans With Disabilities Act of 1990, Titles I and V; which protects Americans with physical and mental disabilities, and ensures that they receive reasonable accommodations to assist with their disabilities (Legal Information Institute, LII). Disabled or not, male or female, all workers are covered for equal salary protection with the passing of the Equal Pay Act of 1963. This act guarantees all workers the same wages, regardless of gender, for doing the same job, in the same conditions (LII). Disabled persons are encouraged to be recruited, hired, and trained for Federal positions be the Rehabilitation Act of 1973 (EEOLAW.com).

In addition to laws aimed at protecting US citizens, based on raced, religion, creed, nation origin, gender, and ability, other Americans in the workplace are offered protection too. The United States Department of Agriculture, Immigration Reform and Control Act Non-Discrimination Provisions forbids discrimination either for or against authorized Alien workers (EEOLAW.com).

How these laws affect the workplace.

Equal Employment laws encourage diversity, cultural understanding, and help to create a workplace that is accessible for all Americans (NOW, 1995-2003). Disabled Americans can feel free to apply to work in places once thought to challenging to them. A migrant worker on a visa can work in the fields without fear of abuse or deportation due to productivity demands. In addition, a pregnant employee, who works for a medium or large size corporation can rest assured during her maternity leave that she cannot be discriminated against by the passing of the Federal Family and Medical Leave Act (LII).
However, all is not well with all of the Anti-Discrimination laws passed. Liberals, such as former President Clinton support Affirmative Action, while conservatives want to abolish the legislation (Froomkin, 1998). This debate became so heated, that in 1996 a
Large part of the California ballot discussion was about abolishing sexual and racial preferences (Froomkin, 1998). The debate has become known as the "angry white man's debate", however many women and minorities are non-supporters of Affirmative Action due to their successes being attributed to the law, not their own performance on the job. (Froomkin, 1998). Other women support the legislation, and one of its major supporters The National Organization Of Women; feels pro-Anti Discrimination legislation allows women and minorities to achieve their goals in the workplace with a level playing field (NOW, 1995-2003).

Conclusion

As a result of Equal Employment legislation, workplaces have become more diverse, and this helps to show the diversity of Americans, not only in society, but also in the workplace. Workers, who once feared being laid off due to age discrimination, physical or mental handicap, or family or personal medical emergency can rest assured and be more productive knowing that their job is protected, and should any trouble arise, laws are in place that are their to protect that worker. Affirmative Action and Equal Employment Opportunities are highly debatable topics, but there are many Americans out there who have needed these laws to put them on a level playing field with workers who are able-bodied, or younger, or of a certain culture. A true benefit of these laws can be seen when a person in a wheelchair greets you at the door, a senior citizen assists you at the store, and a person of another culture teaches your child at school.

References
1. Froomkin, Dan. Affirmative Action Under Attack. The Washington Post, October 1998.
2. Sykes, Marquita. The Origins of Affirmative Action. National Organization Of Women, August 1995.
3. Employment Discrimination: An Overview. Legal Information Institute (LII).
4. Laws and Regulations. EEOLAW.com
5. Talking About Affirmative Action. National Organization Of Women (NOW).