The Office of Federal Contract Compliance Programs (OFCCP) is proposing to revise the regulations implementing the non-discrimination and affirmative action regulations of section 503 of the Rehabilitation Act of 1973, as amended. Section 503 prohibits discrimination by covered Federal contractors and subcontractors against individuals on the basis of disability, and requires affirmative action on behalf of qualified individuals with disabilities. The proposed regulations would strengthen the affirmative action provisions, detailing specific actions a contractor must take to satisfy its obligations. They would also increase the contractor's data collection obligations, and establish a utilization goal for individuals with disabilities to assist in measuring the effectiveness of the cont...
WHILE it is acknowledged that the government should be more transparent and efficient in its pursuit of market-friendly affirmative action, the real question is whether the market wants to be a willing partner in any such action, especially since the recent global economic crisis has shown that the market cannot self- regulate. THE AFFIRMATIVE ACTION PLAN INTRODUCED via the New Economic Policy (NEP) 40 years ago continues to be hotly debated.
In a highly contentious argument that ran well past its allotted one hour on Wednesday, the justices of the U.S. Supreme Court clashed over the constitutionality of a university policy that considers race as a factor in admissions decisions. Three of the eight justices that heard oral arguments in Fisher v. University of Texas at Austin (Justice Elena Kagan recused herself) expressed open doubt that the policy passed muster under the Equal Protection Clause - and Justice Clarence Thomas, who didn't speak during the arguments - could hold a similar view. Three justices seemed prepared to uphold the measure. That means the fate of the plan, as well as similar affirmative action policies across the nation, could rest with one justice: Justice Anthony M. Kennedy.
Jennifer Gratz, the plaintiff in Michigan's "reverse discrimination" case, and other opponents of affirmative action inherited this conflicted state of affairs as well. Yet, they want the great weight of America's racial legacy to fall only on the shoulders of people of color. This inheritance belongs to all of us. Certain opponents of affirmative action predict a violent backlash by whites if President Obama does not end all affirmative action policies. Preventing violence by whites was the rationale behind "separate but equal" doctrine. Once again, America's racial past haunts our present. Racism was never torn up root and branch as directed by the Court in Brown v. Board of Education. Gloria J. Browne-Marshall, an Associate Professor of Constitutional Law at John Jay College in New Y...
A federal appeals court on Monday rejected a bid by minority students to overturn California's ban on affirmative action in admissions to state colleges and universities, saying the 1996 initiative approved by California voters already had passed the court's legal muster. Ralph Kasarda, an attorney for the Pacific Legal Foundation, said that "today's ruling is good news for everyone who values fairness and equal opportunity.
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