What Is the Meaning of Affirmative Action?

FMLA/ADA/Affirmative Action

What is the meaning of Affirmative Action?

An active effort to improve the employment or educational opportunities of members of minority groups and women. In the U.S., the effort to improve the employment and educational opportunities of women and members of minority groups through preferential treatment in job hiring, college admissions, the awarding of government contracts, and the allocation of other social benefits.

a. Why do we have Affirmative Action?

Affirmative action was designed to counteract the lingering effects of generations of past discrimination. The main criteria for inclusion in affirmative action programs are race, sex, ethnic origin, religion, disability, and age.

Affirmative action began as a government remedy to help, educate, and improve employment opportunities for members of minority groups and for women. There were policies, programs and procedures developed to give preferences to minorities and women.

b. Will these policies continue to benefit minorities and women?

Personally, I hope they continue to expand and show improvement within the workforce. There are many of us who have stepped outside that stereo- typed "box" and have tried to improve themselves by getting the education and saying no when offered lower, menial positions. I, myself have gone further in my education to improve the skills I had acquired while in the military and other positions held so that I may move upward. But there are and will be many aspects that I will have to continue to prove that knowledge and worth.

What are the basic elements of an Affirmative Action Plan?

1. Determine the extent to which minorities and women are underutilized in major categories

2. Identify and eliminate the specific causes of underutilization

3. Identify and eliminate all employment practices that have an adverse impact on minorities, women and others protected by applicable law and the relationship of which to job performance has not been clearly established.

4. Rely exclusively on practices that are based on merit and other valid job related criteria

5. Develop substantial applicant pools of validly qualified minorities and women special recruitment efforts, and other measures to insure that sufficient numbers of these groups are included to help reduce underutilization

6. Develop, through special recruitment efforts and other measures, applicant pools in which handicapped persons are represented equitably

7. Project goals and time tables to include estimates of the representation of minorities and women likely to result from the operation of this affirmative action plan

8. Establish organizational structures and monitoring systems that will ensure effective operation of its goals, and means for modification of the plan as needed.

c. Are these elements of Affirmative Action in place at your place of employment?

From what I have noted in this company that yes, they have an equal number of women and minorities. ITT Systems is a very diverse type of company and have many contracts. They have hired by education and experience not because of race or sex.

d. Could these policies be improved on?

These policies should be reviewed constantly. There are so many new laws concerning affirmative action, benefits, discrimination etc., that there should be an annual or semi-annual meeting of all HR personnel, Hiring Managers, and Shift Managers to keep them informed of new or improved policies. There should also be training packages that the company must attend, to educate and re-educate on all policies.

What are some employer responsibilities and options in managing and administering FMLA (Family and Medical Leave Act)?

Not every employer is required to provide its employees with family or medical leave. Federal Law states that an employer is required to provide eligible employees with leave is the employer is either:

1. A state, local or federal governmental agency

2. A private business engaged in, or affecting interstate commerce, that employed fifty or more employees in twenty or more weeks in the current or prior calendar year.

The first thing that should happen is the education of policies and procedures that surround FMLA. A synopsis of the law is; "Covered employers must grant an eligible employee up to a total of 12 work weeks of unpaid leave during any 12-month period for one or more of the following reasons:

1. For the birth and care of the newborn child of the employee;

2. For placement with the employee of a son or daughter for adoption or foster care;

3. To care for an immediate family member (spouse, child, or parent) with a serious health condition; or

4. To take medical leave when the employee is unable to work because of a serious health condition."

The employer and employee must have a understanding of these policies before granting the "paid" time off. Many companies will follow a specific time frame for when the will take effect. A smaller company may use a calendar year i.e. 1 January to 31 December, where as government or government contractors may use 1 October to 30 September. This saves not only the employer a lot of paperwork, but gives the employee a better understanding of policy.

e. Who is covered and what is provided in this policy?

An employee is covered if they have worked for the employer for at least twelve months, and for at least 1,250 hours over the twelve months prior to the needed leave. This is a federal FMLA, the state may have other requirements that provide leave to more employees.

f. What happens when an employee returns to work?

Taking leave can not result in any loss of pay or benefit that the employee had before the leave, and cannot be counted against an employee under a "no-fault" attendance policy. When returning to work, he or she is entitled to be restored to his or her former position or an equivalent position with the same pay and benefits as they may have had prior to the leave.

How does FMLA interact with other types of leave?

There may be many reasons an employee may take or use the