Affirmative Action
The following is excerpted from The Court TV Cradle-to-Grave Legal Survival Guide, an easy-to-read, in-depth explanation of the law as it affects all aspects of daily life. You can order the book, published by Little, Brown and Company, from our online store. It also is available in local bookstores, or you can call Little, Brown directly at (800) 333-3476.
ARE EMPLOYERS REQUIRED TO HAVE AFFIRMATIVE ACTION PROGRAMS?
It depends. Title VII, the federal antidiscrimination law, allows private employers to establish programs in order to remedy imbalances in the workforce or to cure the effects of past illegal discrimination, but it does not require that they do so. Usually, an employer voluntarily creates an affirmative action program. However, if an employer is sued and is found to have discriminated illegally, a court may order the employer to implement an affirmative action program. Also, companies that contract to do work for the government may be required to make an effort to hire women and minorities in order to receive federal funding, and government employers are required to have affirmative action programs.
IS THERE SUCH A THING AS REVERSE DISCRIMINATION?
Yes. Reverse discrimination is discrimination against whites or males, and it exists when people in a "protected class" (such as minorities, women, or disabled workers) are given favorable treatment (such as a promotion) solely because of who they are. To make a case for reverse discrimination, you would generally have to show that the person who was promoted was not qualified -- and that you were qualified.However, an employer that has an established affirmative action program can argue that the promotion of a less-qualified minority was justified in order to serve the ends of that program. But you may be able to show that the employer had less discriminatory options. For example, if the employer could have promoted the less-qualified "protected" person to another open position, and thus still have promoted you, then you might have a claim of reverse discrimination.
