Rx Medical Supply(Rx), a company with just over 500 employees adopted a written
ID: 456539 • Letter: R
Question
Rx Medical Supply(Rx), a company with just over 500 employees adopted a written Affirmative Action plan in the early 1990s. At that time, the company's professional, managerial, and executive positions were held, overwhelmingly, by white males. White females constituted the bulk of the front office and clerical staff. Rx's Affirmative Action plan was adopted voluntarily (not as the result of a court order). Under the plan, qualified women and minorities were strongly urged to apply for the company's available positions, especially professional, managerial and executive positions. Since that time, a large number of women and minorities were hired for these positions. Rx's approach was (and still is) to review the credentials of all applicants, and identify all those who meet the "base" standard of "qualified" for the position. At that point, the company separates the "white male" applicant pool from the "women and minorities" pool, and identifies the top candidate(s) in each pool. If there is only one position available, it is awarded to the "most qualified" candidate overall. When there are two openings available for the same position, one position is filled with the top candidate from the "white male" pool, the other with the top candidate from the "women and minorities" pool. If there are 3 openings available for the same position, they are filled by selecting the "most qualified" applicant in the "white male" pool, the most qualified woman in the "women and minorities pool" and the most qualified racial minority in the "women and minorities pool." If there are more than 3 openings for the same position, this same approach is applied ad infinitum.
As a result of its Affirmative Action plan, Rx has substantially increased the number of women and minorities in its professional, managerial, and executive ranks. Women now hold 45% of these positions. African Americans hold 18% of these positions, and Hispanics hold 13%. Rx's Affirmative Action plan has come under attack as of late for being both "no longer necessary" and "discriminatory." Jason, a white male, was rejected for a top technical position at Rx even though his credentials and experience exceeded that of Jennifer, the top candidate from the "women and minorities" pool who was one of two people hired for the position (there were two openings). There is no dispute that both Jason and Jennifer had the base qualifications for the position.
1. Is Rx Medical Supply's Affirmative Action plan legally valid? Why or why not?
2. When determining reverse discrimination, what factors do we consider? Do we consider the mix of male/female minority/white applicants? Does it matter if we hire a less-qualified minority individual over a more-qualified white male? Do we consider these factors when determining if reverse discrimination has occurred? What do you think class?
Explanation / Answer
1. Is Rx Medical Supply's Affirmative Action Plan legally valid? Why or why not?
In essence, the affirmative action plan of Rx Medical Supply is legal, is part of the civil rights law enacted by President Kennedy in the sixties, and is currently covered by a wide range of laws that are governed by the principle of the "Equal Employment Opportunity". For private companies that do not have government contracts or receive any federal funds, these plans are voluntary, however, many employers have adopted in order to remedy the disproportion in their work teams among male employees / whites and women and ethnic minorities.
However, the laws also prohibit rerse discrimination, which is a collateral effect in the Affirmative Action Plans, therefore, if it were to verify that the Rx's Affirmative Action Plan is a case of everse discrimination, would generate lawsuits by those affected.
2. When Determining reverse discrimination, what factors do we Consider?
It should be considered first if there is a minority that is not being included (as often happens with Asian-Americans) and therefore is being under-represented based on their merits. Then that group before the plan was over-represented, he respects their right to equal opportunities and to have access to the most qualified positions between them.
Do we Consider the mix of male / female minority / white Applicants?
That is another aspect that Affirmative Action Plans tend to leave out those candidates who belong simultaneously to an ethnic minority. yet the group was overrepresented before, there often occur cases of reverse discrimination.
Does it matter if we hire less-qualified minority a single over a more-qualified white male?
The Affirmative Action Plans not only seek to mitigate existing discrimination today, but somehow past injustices, therefore many organizations agree to hire less qualified by the fact of belonging to a minority group, with all candidates and the consequences in performance that he could lead, as a gesture of reparation.
These factors do we Consider When Determining if you reverse discrimination has occurred?
If in fact considered, however, given the intention of many employers to exercise their social responsibility in making these acts of repación regarding minority groups, reverse discrimination has been a very difficult concept to assert in this type of contexts.