It is a form of discrimination that favors someone by treating them differently and positively. An example could be an organization that appoints someone from an underrepresented group to a position without considering whether they have the right skills for the position. Other more qualified candidates are ignored. Positive discrimination is unlawful discrimination. So far, these positive measures have had only a limited impact on increasing recruitment based on protected traits. These positive actions need to be kept under constant review and the guidelines of the Code of Conduct for Employment propose to draw up an action plan in relation to this evaluation. The progress made by the Johnson presidency in ensuring equal opportunity in the workforce was echoed by his successor, Richard Nixon. In 1969, the Nixon administration initiated the Philadelphia Order. It was considered the strongest plan to date to ensure fair hiring practices in the construction professions. Philadelphia was chosen as a test case because, as Assistant Secretary of Labor Arthur Fletcher explained, “Trades unions and the construction industry are among the most egregious violations of equality laws. openly hostile to letting blacks enter their closed circle.
The contract contained concrete “objectives and timetables”. As President Nixon stated, “We would not impose quotas, but would require federal contractors to take `affirmative action` to meet the goals of increasing minority employment.” [30] Through the Philadelphia Plan, the Nixon administration formed its adapted definition of affirmative action and became official U.S. government policy. The plan was defined as “racial goals and timelines, not quotas”.[22][22]:124 On December 3, 1951, Truman issued Executive Order 10308, Improving the Means of Achieving Compliance with the Nondiscrimination Provisions of Federal Contracts,[29] which established an Anti-Discrimination Committee on the Compliance of Government Contracts to ensure that employers, who do business with the federal government, comply with all laws and regulations determined by Congress and the Committee on Grounds for Discriminatory Practices. [29] Affirmative action can occur at different stages of a business, including recruitment, dismissal, promotion, or how the company generally treats its employees. In 2006, Jian Li, a Chinese student at Yale University, filed a civil rights lawsuit with the Civil Rights Bureau against Princeton University, claiming that his race played a role in his decision to reject his application and seek suspension of federal funding for the university until it “ends discrimination against Asian Americans in all its forms.” eliminating racial and inherited preferences. Janet Rapelye, Princeton`s dean of admissions, responded to the allegations in the November 30, 2006 issue of The Princetonian Daily by stating that “the numbers don`t point to [discrimination].” She said Li was not admitted because “many others had much better qualifications.” Li`s extracurricular activities have been described as “not too exceptional.” [126] Li countered in an email, saying his placement on the waiting list undermined Rapelye`s application. “Princeton put my application on the waiting list first,” Li said, “so if there hadn`t been a higher-than-expected return, the Admissions Office would have very well approved a candidate whose `external activities weren`t so exceptional.` [127] In September 2015, the Justice Department closed its nine-year investigation into allegations of anti-Asian bias at Princeton and acquitted Princeton of charges of discrimination against Asian American applicants. [128] In addition, the Ministry found that a number of Asian American students received race-sensitive admissions. [129] Treating someone differently because of a protected characteristic constitutes discrimination, whether positive or negative.
Affirmative action is complicated, particularly because affirmative action is a similar but distinct measure to improve equality at work. Some U.S. states also have executive orders prohibiting discrimination and setting requirements for affirmative action based on race, creed, color, religion, sexual orientation, national origin, sex, age, and disability status. [75] Proponents of affirmative action argue that the system is inherently based not only on race, but also on class and gender. Eliminating two of its key components would compromise the purpose of the entire system. The African American Policy Forum believes that the class argument is based on the idea that non-poor minorities do not suffer racial and gender discrimination. The AAPF believes that “race-conscious affirmative action remains necessary to overcome race-based barriers that block the path to success for countless people of color of all classes.” The group goes on to say that affirmative action is responsible for creating the African-American middle class, so it doesn`t make sense to say that the system only benefits the middle and upper classes. [76] Positive discrimination is not legal here in the UK under the Equality Act 2010. However, organizations are not obliged to take such positive steps.
