AboutJohn 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
Question Scenario: Two individuals, both listed as part of the states "protected class" for affirmative action apply for a job at a state college along with two white males and two white females. One of the "protected class" candidates meets the minimum qualifications for the job, the other "protected class" candidates credentials exceed not only the minumum qualifications required, but also the preferred qualifications for the job. The state is currently in what they refer to as "aggressive afirmative action mode". The HR Director/Affirmative Action Officer stated, "...if all things being equal, the college is required to interview protected class individuals." Neither protected class candidates received an interview. The college interviewed the white applicants and hired the least qualified of those interviewed. Did the college violate affirmative action?
Answer Hi Bruce,
Unfortunately all experts.com is having trouble with its email answering because I answered this question immediately but it did not go through their server properly. I will be happy to provide the answer for you that I sent earlier and that did not go through.
I am not sure what the college is stating with its "agressive affirmative action mode" because that sounds like a quota system particularly when it states that if all things being equal.....
An institution if it is a company, academic, or nonprofit unless it is under a court order or is trying to correct past discrimination to have to establish hiring criteria which requires protected classes to be interviewed. It can however target protected class metropolitan recruiting zones to insure that as many qualified applicants are included in the overall hiring pool.
To your question if the institution "violated affirmative action" there is no law, unless it is court ordered, that requires a certain number of minorities to be interviewed and/or hired. So there is not a law that can be violated. That being said however, the spirit and intent of affirmative action in this case does not appear to be properly applied. Although the college can hire whomever they want, the best qualified candidate should be the ultimate goal and if their affirmative action policy states they want to be aggressive they certainly were passive in this hiring since other qualified protected class individuals did not get a chance to interview. It may be that we both do not have all of the facts and criteria establishing the hiring parameters selected for all candidates. The college if they are attempting to reach their affirmative action goals should know better. The people who were not interviewed may have experiences disparate treatment but that would have to be determined through an investigation.
If you have a follow up please do not hesitate to ask.
