Got a tricky question? Receive an answer from students like you! Try us!

Legislation - Essay Example

Only on StudentShare
Masters
Author : ngoodwin
Essay
Business
Pages 2 (502 words)

Summary

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…

Extract of sample
Legislation

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

Related Essays

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 factor in health care delivery was the emphasis in attempts to increase the job satisfaction levels among physicians and nursing professionals, with a lot of concentration on financial rewards and improved…
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 Cell Research, but it was not enacted into law. Chris Smith, a Jersey congress man, wrote the 2005 Research Act on Stem Cell Therapeutic, with some narrow exceptions, and President Bush signed it into…
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 disciplines develop knowledge among business students about legal regimen, which present a background for the students. Rules, regulations and order of business conduct in America will be better…
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 experienced a lot of discrimination and oppression due to their race and ethnic orientation. More so, the federal government demeaned the Native tribal alliances using acts of parliament starting with the…
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 been a shift of the regulatory system from Work Choices Legislation to Fair Work Act. The study will be depicting the changes in the work environment in Australia gradually along with the changes in…
8 pages (2008 words)
Discrimination Legislation
linguistically, as in a school, most individuals spoke different languages so, for better understanding of the lessons, these students had to be separated, and taught the same language, or example English before they joined again to form a set of class understanding the same language, this is just but an example of a positive gesture of an affirmative action. On the same note, employees got divided and taught the same rules, before being joined up again.…
1 pages (251 words)