The purpose of this research is to examine the Equal Employment Opportunity (EEO) and Affirmative Action (AA) programs. A review of the current literature indicates shifts in thinking regarding these federal programs. The areas addressed include legislation (development and functions), enforcement (agencies and procedures), as well as failures and successes through goals, quotas, hiring, and promotion practices.
Legislation. This analysis focuses on Title VII of the Civil Rights Act of 1964 as amended by the Equal Employment Act of 1972 and the Equal Protection Clause of the 14th Amendment to the United States Constitution. Title VII, as amended by the 1972 Act, prohibits discrimination in employment based on race, color, religion, gender, or national origin. Title VII covers employers (a) engaged in an "industry affecting commerce" and (b) employing 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. The Equal Protection Clause states that no governing body shall "deny to any person within its jurisdiction the equal protection of the laws."1
Equal employment opportunity exists when persons with the same ability and talents, who expend approximately the same effort, have approximately the same prospects for success. That is, race, religion, gender, or family background should not be relevant to one's success or failure in the competitive struggle. The phrase affirmative action" originated in 1965 with President Johnson's Executive Order 11246, which addressed the federal government policy to provide equal employment opportunity in federal government for all qualified persons.2 Achievement of this goal was intended through implementation of a "positive continuing program in each executive department and agency" in which "affirmative action" would be adopted "to ensure that applicants are employed" and not discriminated against. Today, affirmative act...