The History of Affirmative Action

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and perpetuating racism in the school systems. The decision of this case led to integration in school systems and proved to be a major victory in the Civil Rights Movement. The momentum created by Brown vs Board of Education led to the creation of the Civil Rights Act of 1964 which was one of the most important pieces of legislation created in favor of civil rights.

The Civil Rights Act of 1964 made discrimination based on color, race, sex, religion, or national origin illegal. This act allowed people of all races and sexes to enjoy the use of public facilities, education, federally assisted programs, and employment. This act also ended the process of unequal voter registration requirements. Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment based on color, race, sex, religion, or national origin. This act is regarded as the most complete source of employee rights for minorities. The act was the first to make it illegal to discriminate in the workplace and was the beginning of equal rights for minorities in the workplace and society.

The Voting Rights Act of 1965 is another piece of federal legislation that promoted the civil rights for all citizens by prohibiting racial discrimination in voting. This act is designed to regulate the administration of elections nationwide. This act prohibits any state from imposing requirements or voting laws that result in discrimination of any kind. One example is the act outlaws literacy tests as a voting requirement. This tool was used because literacy rates for African-Americans was very low in the South so literacy tests were implemented to restrict the amount of black citizens that would be able to pass the test and have the right to vote. The Civil Rights Movement that created these legislative acts was formed on the treatment of minorities in social settings as well as the discrimination they received in the workplace.

Labor Shortage of WWII

One of the first substantial movements of progress for improving employment opportunities for minorities and women came from WWII. Most white men were deployed to fight in the war which left a labor shortage in industries and positions filled by white men. This labor shortage gave women and minorities the opportunity to fill these roles and prove that they were capable of filling these positions. “After World War II, gains that had been made by women and blacks receded as returning GIs reclaimed their jobs” (Affirmative Action report). As the war ended the minorities were still segregated into lower wage positions but the opportunity sparked the drive for minorities to have equal rights.

Executive Order 10925

The first time the term affirmative action was used in Executive Order 10925 by John F. Kennedy. This order used the term to refer to legal measures created to obtain non-discrimination in the workplace. The order stated "take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, or national origin"(U.S. Department of Labor-History). This gave federal contracting agencies the ability to cancel contracts and bar them from future contracts if they did not comply with equal employment. The Equal Employment Opportunity Commission (EEOC) was created from this order which is in charge of compliance with equal opportunity. This was the first time there was a commission dedicated to enforcing employment opportunities for minorities.

Equal Employment Opportunity Commission

The EEOC enforces laws that are based on prohibiting discrimination in the workplace on the basis of sex, color, race, religion, or national origin. The EEOC handles complaints that are filed in regards to discrimination in the workplace and performs investigations as well as mediates complaints before they perform investigation. “Congress has gradually extended EEOC powers to include investigatory authority, creating conciliation programs, filing lawsuits, and conducting voluntary assistance programs”(The Civil Rights Act of 1964).

The Philadelphia Order

Richard Nixon signed into order The Philadelphia Order in 1969. This was an order that required federal contractors in the Philadelphia area to submit an acceptable affirmative action plan that would which includes specific goals and timetables for using minority workers in six specific trades. This order was tested in Philadelphia and proved to be successful. It was then expanded to the rest of the country and employment in general. This is what is more commonly known as affirmative action in today’s workplace.

Office of Federal Contract Compliance Programs

The Office of Federal Contract Compliance Programs (OFCCP) duty is to enforce affirmative action and equal employment opportunity required by the organizations that conduct business with the Federal Government. The OFCCP attempts to ensure that minorities are employed in an acceptable manner by companies that have contracts with the federal government. The OFCCP conducts compliance audits to ensure that companies are practicing non-discriminatory employment practices.

Enforcement Procedures

The OFCCP has several enforcement procedures that they use to enforce compliance of affirmative action. They conduct complaint investigations as well as compliance evaluation of organizations. OFCCP also obtains conciliation agreements from contractors who violate equal employment opportunity policies. They will then monitor the contractor’s fulfillment of these obligations through periodic compliance reports. The OFCCP has the ability to cancel a company’s federal contracts if they are not able to comply as well as award relief to victims such as back pay and lost wages.

Recommendations

Employers should ensure that there is an equal opportunity program in place at their business. Dedicate a department to tracking the employment of minorities and promote diversity in the workplace. They should design and implement programs that focus on hiring minorities and aim to exceed legal requirements for hiring workers with a diverse background.

Conclusion

Affirmative action was formed from the years of discrimination of minorities in the workplace as well as in society in general. Affirmative action is a form of positive discrimination to ensure that minorities are given equal employment opportunities in the U.S. This is the government’s proactive approach to attempting to prevent discrimination in the workplace by requiring that organizations and employers

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