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In other words, EEO forbids employment discrimination. It requires the elimination of any bias in personnel activities. Affirmative action is a set of specific, results-oriented programs and activities designed to correct underutilization of minorities and women in the workplace.
A job discrimination complaint may be filed by mail or in person at the nearest EEOC office. You can find the closest EEOC office by calling the EEOC at 1-800-669-4000, or by going to the EEOC's Field Office List and Jurisdiction Map and selecting the office closest to you.
Report discrimination to a local Fair Employment Practices Agency (FEPA). If the discrimination breaks both a state and federal law, the FEPA will also send your complaint to the EEOC. Use the EEOC's directory of field offices to find the FEPA near you.
Affirmative action or diversity program. Several U.S. Courts of Appeals and district courts have determined that Title VII does not permit an employer with a racially balanced workforce to grant a nonremedial racial preference in order to promote racial diversity.
The footnote carves out an exception to the landmark ruling: While nearly all colleges and universities must stop all practices of affirmative action in admissions, the nation's military academies can continue because of “potentially distinct interests,” the majority opinion states.
If a government contract worth at least $50,000 is awarded to any business with more than 50 employees, then it must adhere to Affirmative Action requirements, which begin with the implementation of an Affirmative Action Plan.
Title VII Defenses Employers charged with Title VII violations have a limited number of affirmative defenses including business necessity, bona fide occupational qualification, seniority and merit systems, and after-acquired evidence of actions of the employee.
Title VII: A Primer §2000e-2. More specifically, it prohibits using race and other protected characteristics as a "motivating factor" for employment decisions, including hiring, firing, compensation, or with respect to the "terms, conditions, or privileges of employment.
Employers, labor organizations and other persons subject to title VII may take affirmative action based on an analysis which reveals facts constituting actual or potential adverse impact, if such adverse impact is likely to result from existing or contemplated practices. (b) Effects of prior discriminatory practices.