Reference no: EM133813579

Question

Part 1. Yes. Under appropriate circumstances, employers can do so, but only pursuant to a lawful affirmative action plan which meets the requirements necessary for the type of employer involved.

Not necessarily. Discrimination need not be given as the basis for instituting the plan. If all other requirements are in order, merely showing a manifest underrepresentation in an area traditionally segregated can be a sufficient basis for instituting an affirmative action plan, without the employer showing that the employer actually caused the underrepresentation by discriminating

Part 2. It is generally unlawful for employers to consider race or gender in hiring or promotion decisions. However, exceptions like affirmative action. When in doubt, employers should always prioritize objective criteria and fair processes to avoid discrimination and ethical concerns.

Part 3. Yes, affirmative action can potentially benefit individuals who did not personally experience discrimination, as the policy aims to address systemic inequalities faced by certain groups historically, meaning even individuals within those groups who may not have faced direct discrimination could still benefit from increased opportunities due to the policy; however, this is a point of contention within the affirmative action debate, with critics arguing that it can lead to "reverse discrimination" against individuals who did not benefit from past discriminatory practices.