Affirmative action also includes provisions for the monitoring of its compliance by seeking to establish standards of equality using a quantitative system to measure progress towards the goal. Importantly, “the goal-setting process in affirmative action planning is used to target and measure the effectiveness of affirmative action efforts to eradicate and prevent discrimination.” (Dept. of Labor) Whenever an employer is in violation of Title VII of the Civil Rights Act 1964, the EEOC has judicial powers aimed at remedying the situation.
The logic of affirmative action dictates that where a “certain criterion of merit”, even if it is not intentionally discriminatory, works to the disproportionate exclusion of minorities, the burden is on the offending organization to defend the policy in proportion to its exclusionary effect (Lovell 1974). The focus on criteria-fixed merit in the United States disregards that all people do not have equal access to private schooling, resume counselors, SAT prep classes, etc. The EEOC may see certain hiring criteria as intentionally or unintentionally excluding protected groups under Title VII of the Civil Rights Act of 1964, and the “Commission shall endeavor to eliminate and such alleged unlawful employment practice by informal methods of conference, conciliation or persuasion.” (Civ. Rights Act of 1964)
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Texas A&M University. “Texas A&M Researchers Seek Explanation For Minority Unemployment.” Office of University Relations: September 1997. http://www.tamu.edu/univrel/aggiedaily/news/stories/archive/092997-1.html
The Gallup Poll. “Gender Differences in Views of Job Opportunity.” Princeton: The Gallup Organization, August 2, 2005. http://poll.gallup.com/content/default.aspx?ci=17614
University of South Dakota. “Equal Opportunity: Definitions.” January 21, 2004.
U.S. Census Bureau. “Historical Poverty Tables.” Washington DC: December 14, 2005. http://www.census.gov/hhes/www/poverty/histpov/hstpov2.html
U.S. Department of Education. “High School Dropout Rates.” The Consumer Guid Washington DC: March 1996. http://www.ed.gov/pubs/OR/ConsumerGuides/dropout.html
U.S. Department of Labor. “Facts on Executive Order 11246 -- Affirmative Action.” January 4, 2002. Stable URL: http://www.dol.gov/esa/regs/compliance/ofccp/aa.htm
U.S. State Department, “Civil Rights Act Of 1964”. July 2nd 1964 obtained from
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