Legislation

Masters
Essay
Business
Pages 2 (502 words)
Download 0
Affirmative Action refers to a federal agenda that was first used by Lyndon Johnson in his 1960 Executive Order 11246 that called on the federal government to take steps that would counteract historic discrimination of minorities with regards to their color, race, national…

Introduction

In the event that such programs become preferential based on gender, race or ethnicity, affirmative action becomes controversial (Dale, 2005).
Originally, the Affirmative-Action legislation was intended to pressure institution including government institutions, schools, and contractors to comply with the non-discrimination provisions in the Civil Rights Act, 1964 (Dale, 2005). The article required that schools and colleges take affirmative action to counteract the effects of past discriminations and encourage affirmative so as to achieve a diverse student body. Most importantly, the legislation was intended to forbid inflexible and rigid quotas for the employment of minorities and encourages contractors, schools and colleges to take good faith efforts to meet targets and goals for the employment minorities and women without discrimination (Dale, 2005).
Mr. Justice POWELL in his ruling on the Regents of the University of California v. Bakke case concluded that, the use of racial quotas in a university’s admissions process is unconstitutional. In addition, it concluded that the use of affirmative actions in the selection of minority applicants was constitutional in certain circumstances (“Regents of University of California v. Bakke,” 1978).
This conclusion was based on the provisions of Title VI of the Civil Rights Act, 1964 that only those racial classifications that violates the Equal Protection Clause when employed by agencies of the state and the sate itself(“Regents of University of California v. Bakke,” 1978). The ruling was also based on the fact that while the goals of affirmative action are still compelling, the use of quotas in such programs is unnecessary in the achievement of such goals since it is, under the Equal Protection Clause, unnecessary. Additionally, the conclusion was based on the fact the petitioner could not furnish the court with sufficient proof that ...
Download paper
Not exactly what you need?

Related papers

Medical oncologists job satisfaction in light of Medicare reimbursement cuts, new legislation such as the Sunshine Act and burno
The levels of job satisfaction have a strong influence in the efficient performance of job related functions. In the case of the physicians and nursing professionals the lower the levels of job satisfaction, the less efficiency in the delivery o patient care, and lower the patient satisfaction in the care received (Burke, 2004). It is for this reason that more than four decades earlier a key…
10 pages (2510 words)
Stem Cell Research Legislation
By mid 2000s, many states like New Jersey allowed human cloning for for developing and harvesting stem cells from humans. However, others like Indiana and Michigan amended laws that prohibited human embryo creation or destruction for purposes of medical research (Vestal and Writer 2008). During his second term, in 2006, Bush for the first time used his presidential veto on Enhancement Act of Stem…
Outline the areas of law in which students of business need a wide knowledge and the effects of relevant legislation on both emp
We would further pay attention to important aspects of law, which are required for successful performance in the field of business. Moreover, such legal aspects as regulations of employer-employee relations in terms of law are also considered further on. Business students’ knowledge in law Such important disciplines as Corporations and Taxation may be very popular and helpful for students. These…
6 pages (1506 words)
Historical Report on Race and Legislation
Notably, the Native Americans have diverse experiences in the U.S history. Indeed, they were the first group of people to face subordination from the Europeans. Ideally, the Native Americans and the immigrant Europeans had different cultures and alliance that generated social injustices, ethnic violence, and political tension and economic challenges (Flavin, n.y). Indeed, the Native Americans…
3 pages (753 words)
Employment/Industrial relations. Compare Australia's WorkChoices legislation and Fair Work Act.
Presently there has been a gradual decrease in the scope of the commission jurisdiction to interfere in the award related matters. In the present time there has been encouragement of the individualised agreement in between the employers and the employees at enterprise level (Gardner and Palmer, 1997). The study will be reflecting the transitional phase of the changing labour market when there has…
8 pages (2008 words)
Equality Legislation in the Labour Market
We know that Equality Legislation plays a vital role for the success of any organization. We need equality in the labour market due to the advantages it provides to the employee as well as the organization on the whole. We would look at few of the General Equality Legislation that exists in Scotland and see as to how it benefits the organizations.…
9 pages (2259 words)