Many federal courts have held that community law enforcement agencies may adhere to the stipulations of the Equal Protection Clause if an organizational need validates the employer's intentional affirmative action labors. In the arena of higher education, the Supreme Court has held in Grutter v. Bollinger that having an assorted student body can often account for the consideration of race as an issue in precise admissions results at colleges and universities without infringing the Equal Protection Clause or Title VI of the Civil Rights Act of 1964. The Supreme Court as of yet has not decided on whether an organizational need or diversity foundation can give reason for voluntary affirmative action efforts under Title VII (Section 15: Race & Color Discrimination, 2006).
Companies usually do not have quotas since there is really is no such thing in consideration of Affirmative Action. As an alternative, there are numeric goals which are characteristically proportions that are set down and constant in the marketplace. At minimum good faith labors have to be made towards achieving these goals. Quotas are only set down when a company has been ordered by a court to put them into place. When there is a union involved, association among job factions and reimbursement may be restricted by the collective bargaining agreement. Under these circumstances a copy of the agreement and the limitations will be spelled out by the Department of Labor. Union leaders must be given notice that the business is an Affirmative Action employer, because they may have dual accountability in some of the problems that affect Affirmative Action (Frequently...
Occasionally it's due to EEO coverage statistics going up or down. Other times it's founded on grievances to the Department of Labor or previous audits but mostly it's just luck. Throughout an audit all requested documentation is sent in. This information often contains a copy of the AAP, along with any union accords, government information and employment statistics that is available. Documentation surrounding goal achievement and good faith labors are also looked at. Compensation fairness analysis is also provided. The compliance officer may also set up a company visit that can last up to two weeks. During this visit, managers and employees may be talked to. Non-exempt employees can also be interviewed without management being in attendance. Records are evaluated and companies are visited. Penalties that are handed down will depend on the type of infringement that is established (Frequently Asked Questions About Affirmative Action, 2007).
References
Affirmative Action. (2010). Retrieved August 23, 2010, from enotes Web site:
http://www.enotes.com/everyday-law-encyclopedia/affirmative-action
Frequently Asked Questions About Affirmative Action. (2007). Retrieved August 23, 2010, from The HR Consultant Web site: http://www.thehrconsultant.net/FAQ.html
Section 15: Race & Color Discrimination. (2006). Retrieved August 23, 2010, from EEOC Web
site: http://www.eeoc.gov/policy/docs/race-color.html
