Affirmative Action Home |
Federal, state, and local laws prohibit discrimination against those who fall into protected classes. Protected classes include age, color, disability, marital status, national origin, race, religion, sex, gender, sexual orientation, and veteran status. Affirmative action takes this one step further by requiring certain organizations to actively promote equal opportunity and eliminate discrimination. This has also been described as leveling "the playing field for groups of people who have been and are discriminated against" (Hutchings, Martinez, Stein, & Tashiro, 1995). There are three types of affirmative action policies:
Out of these three, the Portland State University Affirmative Action Office works with employment affirmative action policies. The purpose of employment affirmative action is to establish fair access to employment opportunities to create a work community that is an accurate reflection of the demographics of the qualified available workforce. How did employment affirmative action develop? There is not one overarching employment law that prohibits discrimination. Rather, there are many statutes and executive orders that employers must follow with regards to employment discrimination. Title VII of the Civil Rights Act of 1964 operates as the "centerpiece" of employment discrimination law, prohibiting discrimination based on race, color, religion, sex and national origin. (Player, 1992). Executive Order 11246 marks the beginnings of "affirmative action," which requires contractors doing business with the federal government to take additional obligations to determine the underutilization in their workplace and to develop a plan to remedy it, marking the beginnings of "affirmative action." Employers determine underutilization by comparing the general availability of qualified women and minority applicants in the relevant job market with current employer demographics. Employers are then obliged to make a good faith effort in targeting underrepresented groups in their outreach, as well as ensure that job selection critieria do not have an "adverse impact" on underrepresented groups. Who is required to follow affirmative action employment policies? Any organization or business with $10,000 or more in federal contracts is required to take affirmative action in employment. Organizations receiving $50,000 or more per year in federal funds and have 50 or more employees must also have an affirmative action plan. PSU falls under this requirement, often referred to as the 50/50 rule. This rule is enforced by the U.S. Department of Labor’s Office of Federal Contract Compliance Program (OFCCP). The OFCCP audits affirmative action employers to ensure they have a legitimate affirmative action plan and follow employment affirmative action policies. What is an affirmative action plan? The Affirmative Action Plan is comprised of four sections: the Utilization Analysis, the Workforce Analysis, the Goals and Timetables, and the Narrative. The first three sections include campus information and national census data and are used to analyze the demographics of the Portland State University workforce in relation to the demographics of the qualified and available regional and national workforce. This data is used to determine what group(s) are underrepresented for a given job classification in a specific unit on campus. The PSU Affirmative Action Office uses this information to advise search committees on which group(s) they should target their outreach efforts toward. The narrative portion of the plan provides details as to the problem areas that impede equal representation among groups on campus and the University's commitment toward ways of remedying the inequities. How do we do actively promote equal opportunity and eliminate discrimination through affirmative action employment policies?
Why do we still need affirmative action employment policies? Despite the fact that 57 percent of workers in the U.S. are women and minorities, or both, these populations are still consistently underrepresented and under utilized. As stated in the March 15, 1995 Glass Ceiling Report Update:
Common Concerns about Affirmative Action Do employment affirmative action policies mean quotas? No. Numerical goals in affirmative action are used to get a quantitative analysis of what a representative workforce would look like. "Quotas" are not a part of employment affirmative action policies. Race and sex-based quotas in employment originate in the legal system and are known as consent decrees. Consent decrees are mandated by judges when an organization has been taken to court and has been found guilty of discriminating. These consent decree quotas are separate from Affirmative Action policies. Has employment affirmative action led to reverse discrimination? No. Thirty years of affirmative action policies have not led to widespread problems of reverse discrimination. A recent Labor Department report showed that out of the 3000 discrimination cases filed in Federal court between 1990 and 1994, less than three percent allege reverse discrimination and only six of these were upheld as meritorious (Hearings on Affirmative Action in Employment, 1995). Does affirmative action mean hiring a less qualified individual just because they are underrepresented? No. To be included in a candidate pool applicants must meet competitive selection standards. If candidates are equal in ability, then race or sex may be factored in as a criteria as a "tie-breaker" when deciding between or among finalists for a position. Employment affirmative action policies are designed to make the hiring process as objective as possible to hire the most qualified candidate. In doing so, it is highly unlikely that a less qualified candidate would be selected for a position. To assume underrepresented candidates were hired only because of their sex and/or racial/ethnic background is more likely a prejudicial assumption that they are inferior. Does employment affirmative action stigmatize white women and minorities? Some people believe that if we eliminate affirmative action, women and minorities would no longer be perceived as being less qualified. However, others believe that stereotypes and stigmas are so ingrained in our culture, that even if we eliminated affirmative action, these stereotypes and stigmas would continue to exist. Is Affirmative Action working? Affirmative action is effectively enhancing positions of underrepresented groups. According to the data from the 1990 General Social Survey...
How does employment affirmative action benefit the student? Daniel Bernstine, President of Portland State University states, "Diversity is essential to providing a quality education experience. Exposure to a diverse learning environment will prepare students to function effectively in our society" (1997). In 1994, Assistant Attorney General Walter Dellinger, a former Duke University law professor stated, "Exposing students to a diverse faculty on a daily basis can dispel stereotypes and misconceptions and foster mutual understanding and respect." The Dean of the University of Washington’s Law School states, "In an increasingly multicultural nation with a global reach, a commitment to diversity -- to broadening the boundaries of inclusiveness of American institutions -- is economically necessary, morally imperative, and constitutionally legitimate" (Hutchings et al., 1995). References Federal Glass Ceiling Commission. (1995). A solid investment: Making full use of the nation’s human capital. Washington, DC: U.S. Government Printing Office. Hearings on affirmative action in employment: Hearings before the Subcommittee on Employer- Employee Relations of the Committee on Economic and Educational Opportunities, House of Representatives, 104th Cong., 1st Sess. 16 (1995). Hutchings, P., Martinez, E., Stein, N., & Tashiro, C. (1995). Questions and answers about affirmative action. Crossroads, 52, June (Suppl.). Player, M.A. (1992). Federal law of employment discrimination in a nutshell. St. Paul, MN: West Publishing Company. For additional information: http://www.whitehouse.gov/WH/EOP/OP/html/aa/aa-index.html
The following services are provided for all students, staff and faculty of Portland State University. The PSU Affirmative Action Office can:
PSU Affirmative Action
Office is located at 122 Cramer Hall Return to Affirmative Action Home
|
Admissions