Affirmative Action/Quotas/Civil Rights/Recruitment of specific ethnicity

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Expert: - 12/23/2008


Question
In a case of affirmative action and underutilization of a certain ethnicity, is it illegal to market jobs/recruit in a specific target area?

Answer
Hi Karla,

In order to adhere to the spirit and intent of Affirmative Action, it is perfectly fine to expand your recruiting to what is commonly referred to as target recruiting areas, schools, facilities, etc. in order to address underutilization.  However, this cannot be done to the exclusion of other races, sex, or ethnic backgrounds.  Where employers fail to ensure full equal employment opportunity is when they limit recruiting just to certain groups.  What we want to do is to reflect in the job pool for positions the availability of qualified people in all underutilized categories and those who are not as well.  An employer unless mandated by a court order, has every right to hire the best qualified for the position.  Where there is an equal qualified applicant from represented and underrepresented, then the underpresented status may be given consideration to address any goal that the employer may have.  An employer must also be careful not to set a "quota" or other exclusionary method for selection for the sake of affirmative action because that is discriminatory.  

If you have a follow up please let me know.  Thanks!

John

Affirmative Action/Quotas/Civil Rights

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John Fuller

Expertise

I can answer questions pertaining to Affirmative Action, how an affirmative action plan is developed, definitations included within an affirmative action plan, goals versus quotas, misperceptions, rolling out the affirmative action plan with specific action items and areas that are action items. I can answer questions pertaining to Civil Rights violations, investigations of violations and methods and means to be proactive to ensure awareness of civil rights. I am not an attorney and cannot answer or provide information relating to legal, court-related, or case law.

Experience

Experience in the area Diversity,EEO, and Affirmative Action Officer for Johns Hopkins Hospital EEO, Ethics, and Affirmative Action Officer for Fortune 300 Deputy Director, Equal Opportunity for the Department of Defense Equal Opportunity Management Institute Organizations Board of Directors, National Council for Support of Disability Issues Board of Direcdtors, Institute for MultiTrack Diplomacy Maryland Association of Affirmative Action Officers Publications Guest expert discussing discrimination, sexual harassment in the workplace and affirmative action on over 45 radio stations nationwide Education/Credentials Doctor of Education Master of Science, Leadership & Business Ethics Master of Arts, Education Virginia and Florida Supreme Court Certified Mediator Department of Defense Certified Mediator

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