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Equal Opportunity FAQs
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Can you request only employment list names of members of protected groups when you are under utilized?
Legally, you are not to request only names of members of protected groups when you are under utilized. White males and non under utilized members of a protected group are not to be excluded from interview pools unless they are ineligible to be included.
When under utilization is identified, are managers expected to hire unqualified applicants?
The expectation is to always hire qualified individuals regardless of race, sex, or disability status.
Are under utilized protected group members given an interview even though they do not meet the screening criteria used to develop an interview pool?
All under utilized protected group members must meet any and all legitimate screening criteria regardless of the employment band in which they may be located.
Does being a protected group member and on an employment list guarantee you an interview?
Being on an employment list does not guarantee you an interview regardless of sex, race, or disability status.
Are white females not protected group members?
Females, regardless of race, are a protected group. Protected group members are: Females, Individuals with a disability, Blacks, Hispanics, American Indians, Asians and Pacific Islanders.
Does Affirmative Action mean you have to hire unqualified persons?
The expectation is that employers will make an honest attempt to give under utilized protected group members who are qualified an opportunity to interview and be hired based on their qualifications.
Does Affirmative Action mean hiring by quota?
Quotas never come into use under affirmative action, unless ordered by a court, which is very rare.
What is Equal Employment Opportunity and Affirmative Action?
Many of us have heard of the terms Equal Employment Opportunity and Affirmative Action. But how many of us truly understand the principles of EEO and AA and why they exist. Perhaps there are those who think that EEO and AA mean the same.
Equal Employment Opportunity prohibits discrimination against anyone. It attempts to ensure that all applicants, males-females and all races have a fair opportunity in a hiring process, in competing for promotions, and equal access to training/professional development opportunities.
As for Affirmative Action, it is a remedy to address past practices of discrimination. Affirmative Action was designed to level the playing field for females, individuals with disabilities and minorities. The minorities group includes Blacks, Hispanics, Asians and American Native Indians.
Affirmative Action does not mean that managers are expected to hire unqualified applicants. Additionally, Affirmative Action quotas are not automatic. The implementation of quotas must be ordered by a court of law. A true quota situation has rarely occurred across the United States. Affirmative Action is usually implemented as a voluntary goal oriented program.
In all hiring situations, EEO principles should be applied to every vacancy being filled. Remember, while there is a difference between EEO and AA, they do have one thing in common: they are both about fairness!