Affirmative Action: Frequently Asked Questions
Equal Opportunity, Affirmative Action and Diversity: Are they the same?
Racial/ethnic minorities and women have experienced legal and social exclusion during most of the United States' history. They were segregated into low wage jobs, forbidden by law from owning land, prevented from engaging in certain occupations or applying for many jobs, prohibited from voting, or restricted in their access to public accommodations. Whole industries and categories of employment were, in effect, all white, male.
In higher education, most African Americans attended predominantly black colleges, many established by states as segregated institutions. Asian and Hispanic Americans were legally barred from attending some public schools, and women were systematically excluded from some colleges and universities well into the 1970s.
Even after laws prohibiting discrimination in education, housing and employment were passed, there was little change in practice. Many employers and organizations ignored nondiscrimination requirements, hoping that the high burden and cost of proving discrimination would minimize risk of legal action. The Federal Government decided to end at least some of that indifference by requiring recipients of federal funds to actively pursue equal opportunity and prevent discrimination.
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No. The US Government empowers the President to issue executive orders. Orders govern only federal agencies, employees, and persons or companies with federal contractual relationships. Executive Order 11246 issued in 1965 by President Johnson requires federal contractors to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. American Indian or Alaskan Native, Asian or Pacific Islander, Black, and Hispanic individuals are considered minorities for purposes of the Executive Order. Therefore, equal employment opportunity and affirmative action are integral elements of a contractor's agreement with the government. Organizations and companies without qualifying federal grants or contracts are not covered by Affirmative Action regulations.
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Failure to comply with the Executive Order and its non-discrimination or affirmative action provisions is a violation of an employer's contract with the government. A contractor in violation of EO 11246 may have its contracts canceled, terminated, or suspended, and the contractor may be debarred (i.e., declared ineligible for future government contracts).
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Absolutely not! Any practice voluntarily undertaken by an employer or organization that gives preference to individuals simply because of their race or sex, or establishes a numerical quota would violate nondiscrimination laws, the Fourteenth Amendment of the U.S. Constitution, or both. Quotas have been linked to Affirmative Action for two reasons:
It is true that temporary quota systems have existed - courts have the authority to order temporary quotas for employers who are found guilty of intentional discrimination. Employers, on the other hand, have never had such authority. Even court-ordered quotas have become increasingly rare, as race and sex classifications are subjected to an increasingly strict level of judicial scrutiny. It's very difficult to establish a preference program that doesn't violate the rights of one group while trying to remedy the effects of discrimination for another group.
In an attempt to increase the number of women and minorities, many well-meaning employers and educational institutions established programs that go beyond good faith efforts to remedy the effects of past discrimination. Affirmative Action regulations have never endorsed the use of preferences and quotas, or suggested that Affirmative Action should be taken to promote, hire or enroll unqualified individuals. Unfortunately, numerous cases within the last 10 years show that employers and university officials can step outside the legal limits of Affirmative Action.
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Affirmative Action consists of the good faith efforts taken by a federal fund recipient to ensure equal opportunity and eliminate barriers to equal treatment, which have historically affected certain groups. These so-called "affected groups" include women, Blacks or African Americans, Hispanics, American Indians and Alaska Natives, Asian and Pacific Islanders, persons with disabilities, Vietnam-era veterans, and disabled veterans. An Affirmative Action employer must make the following good faith efforts:
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Who is responsible for Affirmative Action at KUMC?
The Executive Vice Chancellor and his executive officers are responsible for ensuring the success of the Affirmative Action Program at KUMC. Responsibility for developing and overseeing implementation of the AA Program, establishing related policies and procedures, monitoring, auditing and reporting is delegated to the Director of the Equal Opportunity Office, who serves as Special Assistant to the Executive Vice Chancellor.
Of course, there are linkages between these three principles. However, there are also major differences:
Legal Basis |
Intention |
Implementation |
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| Equal Opportunity |
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Passive/Global. Persons who wish to exercise this protection must file a discrimination claim, and seek redress through administrative or judicial avenues. |
| Affirmative Action |
|
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Active/Institution-specific. Must be based on a written plan, requires policies and procedures, outreach, accountable officials, annual assessment of problems, development of programs to address problems |
| Diversity Initiatives |
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Must be active and institution-specific to be effective. May include climate assessment, awareness/conflict management training, recruitment/retention programs, multicultural celebrations, adaptation of policies, practices or, services to accommodate diverse needs. |
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Affirmative Action
Equal Opportunity
Diversity Initiatives
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