Dissertations / Theses on the topic 'Affirmative action'
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Sorenson, Robert Randall. "Attitudes and actions of affirmative action." CSUSB ScholarWorks, 1992. https://scholarworks.lib.csusb.edu/etd-project/608.
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Guest, Katie Rose. "Actions in the affirmative pragmatism, pedagogy, law, and the affirmative action debate /." Greensboro, N.C. : University of North Carolina at Greensboro, 2007. http://libres.uncg.edu/edocs/etd/1409/umi-uncg-1409.pdf.
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Thesis (Ph.D.)--University of North Carolina at Greensboro, 2007.Title from PDF t.p. (viewed Oct. 22, 2007). Directed by Hephzibah Roskelly; submitted to the Dept. of English. Includes bibliographical references (p. 169-177).
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Roberts, Olivia DeHaviland. "The historical approach to the analysis of the affirmative action controversy and the perspective of the United States Supreme Court the need for affirmative action to exist in present day America /." Instructions for remote access. Click here to access this electronic resource. Access available to Kutztown University faculty, staff, and students only, 1990. http://www.kutztown.edu/library/services/remote_access.asp.
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Thesis (M.P.A.)--Kutztown University of Pennsylvania, 1990.Source: Masters Abstracts International, Volume: 45-06, page: 2959. Abstract precedes thesis as 4 preliminary leaves. Typescript. Includes bibliographical references (leaves 107-110).
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Ncume, Ali Zuko. "The programmatic enforcement of affirmative action." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/5521.
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Historically, racism was deeply rooted in the workplace in South Africa where white people were largely afforded better opportunities than their black counterparts. This position changed after South Africa became a democratic country. In the new South Africa, legislation has been adopted to combat unfair discrimination. This legislation is founded upon the equality clause contained in section 9 of the Constitution of the Republic of South Africa. Section 9 prohibits unfair direct or indirect discrimination against any person on any of the listed grounds. It also makes provision for protection against unfair discrimination on unlisted grounds. The Employment Equity Act was enacted to bring equality to the workplace and to give effect to section 9(2) of the constitution. The Employment Equity Act promotes equal opportunities and fair treatment and seeks to eliminate unfair discrimination. Section 6 of the Employment Equity Act contains the main thrust of the Act’s prohibition against unfair discrimination. However not all discrimination is unfair. Section 6(2) of the Employment Equity Act provides that discrimination based on the inherent requirements of a job or in terms of affirmative action measures will not be unfair. This section implies that there are grounds of justification which may cause discrimination to be fair. These grounds are affirmative action and inherent requirements of a job. Affirmative action is a purposeful and planned placement and development of competent or potentially competent persons in or to positions from which they were debarred in the past. Affirmative action is an attempt to redress past population, on local and national level. One of the requirements of affirmative action in South Africa is that it must target persons who have been discriminated by unfair discrimination in the past. There are affirmative action measures incorporated in the Employment Equity Act. There exists also a designed programmatic enforcement of affirmative action measures.
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Manning, Roy C. "Affirmative action : the continuing controversial debate." Honors in the Major Thesis, University of Central Florida, 1998. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/41.
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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.Bachelors
Health and Public Affairs
Legal Studies
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Wauchope, Liz, and n/a. "An affirmation action continuum." University of Canberra. Administrative Studies, 1987. http://erl.canberra.edu.au./public/adt-AUC20061109.171449.
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The development of affirmative action strategies designed to achieve equal employment opportunity has been studied along six dimensions of functioning
within four separate organisations. Three of these organisations were
participants in the Federal Government's Affirmative Action Pilot Program in
1984/5, and one was not.
It has been shown that change occurred in a continuous developmental
sequence, here called an "Affirmative Action Continuum", within each of
these six dimensions over the period of study, with each organisation
following a similar sequence of movement. Exceptions occurred where an
organisation made no movement at all, or where one or more of the
sequential processes was omitted or displaced, in a dimension. The
reasons for some of these exceptions, and some of their consequences for
later action, have been explored.
It has been shown that simultaneous activity occurred across several,
dimensions, so that no organisation acted upon only one dimension in
isolation from all others. There was some chronological sequencing between
dimensions.
The indicators of movement along the Affirmative Action Continuum within
each dimension were used to describe the change process in each
organisation. These indicators proved to be useful both in this regard,
and in placing each organisation an the Affirmative Action Continuum in
each dimension at two different points in time. In this way, the
indicators' usefulness was shown to generalise to four very different
institutions, thus suggesting applicability beyond the bounds of this
particular study.
It is intended that the results of this dissertation, and in particular the
model of the Affirmative Action Continuum and the indicators described in
Chapter Two, be used by Equal Employment Opportunity practitioners to
facilitate their decision making about sequencing of activities designed to
achieve equal employment oppportunity.
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Rolle, Drew G. "Affirmative action and a principle of colorblindness." Honors in the Major Thesis, University of Central Florida, 2009. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/1316.
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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.Bachelors
Sciences
Political Science
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Kgapola, Leslie Seth. "Perceptions of compensation fund employees towards affirmative action." Diss., Pretoria : [s.n.], 2008. http://upetd.up.ac.za/thesis/available/etd-11212008-120643.
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Kent, Charles T. "Affirmative action policy and procedures for Illinois schools /." View online, 1990. http://ia301520.us.archive.org/1/items/affirmativeactio00kent/affirmativeactio00kent.pdf.
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Keith-Bandath, Rasheed Ethan. "Substantive equality and the defence of affirmative-action." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/3899.
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Giving effect to the constitutional right to equality and the peculiar nature thereof in a heterogeneous society such as South Africa has proved to be a perplexing task. This is apparent when analyzing case law on the subject which demonstrates that our courts are regularly confronted with complex equality claims, and as a consequence, naturally have to make difficult decisions which in turn contribute toward our emerging and developing equality jurisprudence and ultimately the achievement of the constitutional standard of equality. This treatise considers substantive equality as a species of equality in the workplace and the defence of affirmative-action justification in terms of section 6 of the Employment Equity Act. In doing so, it outlines the seemingly peculiar application of affirmative action in a society that was once divided along racial and gender lines, a society that has once experienced one of the most severe forms of racial discrimination in the form of apartheid and its associated laws, policies and practices. This oppressive political regime had the effect of entrenching a deep legacy of racism, deprivation, exclusion and discrimination into the social fabric of society, which in turn had a disproportionate impact on the majority of people or categories of people relative to an elite minority. The legacy of this oppressive political system remains alarmingly evident today. The treatise reveals the challenges and difficulties a society faces in attempting to break with past patterns of disadvantage and its efforts to build a society that is non-racist, non-sexist, socially just and inclusive. The Constitution with its transformative vision should be considered the genesis of this credible and abiding process of redress. It is this exercise of redress coupled with the Constitution’s transformative mandate that raises difficult issues of restoration and reparation for past injustice, and the most appropriate and accommodating manner to do so. In addition to the Constitution, Parliament has enacted national legislation as a transformative agent in the workplace. The EEA as a legislative instrument was designed to give effect to the constitutional right to equality in the workplace. It emphatically prohibits unfair discrimination, but also obliges designated employers to implement affirmative-action measures. For such measures not to be unfairly discriminatory, they must be consistent with the purpose of the EEA. A plain reading of the EEA reveals that it does not provide sufficient guidelines for valid affirmative action. However, the EEA provides an interpretive injunction in that it must be interpreted in light of the Constitution and international law. In this regard the Constitutional Court in Minister of Finance v Van Heerden 1 in interpreting the Constitution, developed a test to assess whether a restitutionary measure such as affirmative action is in fact and in law a valid measure. To date this test is generally not followed, despite the authority of the judgment. In this regard, the courts have developed sound, but sometimes inconsistent principles and standards to test for the validity of affirmative action and to adjudge whether such measures are compliant with the Act. The test has also recently been reaffirmed in the recent judgment of South African Police Service v Solidarity obo Barnard.2 It is anticipated that affirmative-action case law will henceforth develop along the same lines. In this we appreciate judicial guidance and supervision in interpreting and pronouncing upon the legitimacy and validity of affirmative-action measures.
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Nconco, Mpumelelo. "Substantive equality and affirmative action in the workplace." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/1617.
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During the apartheid era in South Africa there was an unequivocal commitment to white supremacy, segregation and inequality. Discrimination but not on the basis of race was entrenched by the pre-democratic government. The 1980‟s saw the first steps towards reversing such practices through various measures, in the form of formal equality. Formal equality holds that the state must be act neutrally in relation to its employees and must favour no one above another. It assumes that all people are equal and that inequality can be eradicated simply by treating all people in the same way. Formal equality is therefore blind to structural inequality. Substantive equality in contrast to formal equality holds the value that equality is not simply a matter of likeness, that those who are different should be treated differently. The very essence of equality is to make distinction between groups and individual in order to accommodate their different needs and interests. It considers discrimination against groups which have been historically advantaged to be qualitatively aimed at remedying that disadvantage. The Constitution Act 108 of 1996 confers the right to equal protection and benefit of the law and the right to non discrimination. Prohibition of unfair discrimination in itself is insufficient to achieve true equality in a historically oppressed society. Hard affirmative action measures are required, the Constitution further explicitly endorses such restitutionary measures. Affirmative action is a systematic, planned process whereby the effects of colonialism and racial discrimination are being reversed in all areas if life. It is designed to achieve equal employment opportunities. In order to achieve this goal the barriers of the workplace which restrict employment and progressive opportunities have to be systematically eliminated through proactive programmes. Affirmative action is a delicate instrument of social engineering which must be used with caution. The Employment Equity Act 55 of 1998 gives effect to the constitutional provisions and to regulate affirmative action measures in employment. The Employment Equity Act spells out the beneficiaries, who should do the protection, and advancement and what may happen to employers if they fail to comply in the view of the Director-General of the Labour. However the explicit constitutional and legislative endorsement of affirmative action comes with its controversy and legal challenges and it has been left to the courts to resolve tension on the one hand and to ensure equal treatment on the other.Abstract
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Myoli, Vuyiseka Marly. "An evaluation of affirmative action in public sector." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/14190.
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The South African public service has been undergoing fundamental transformation since 1994. The new government has had to build a democratic, inclusive and responsive public sector to the extent that the last two decades have witnessed the most dramatic shifts in public reform. After 1994, the public sector had to be transformed so that it could be representative of the nation’s racial composition, caters for the needs of all citizens irrespective of their racial, ethnic, gender, sexual persuasion and orientation. The government agenda of reconstructing and developing a democratic state depends on the willingness, capabilities and patriotism of the public service. As part of its transformation agenda, the government had to introduce policies that were focusing on promoting affirmative action and employment equity. Through this policy and other related employment equity measures, the South African public sector had to be transformed in terms of racial and gender representivity. This study assesses and evaluates whether the policies and legislation that were geared towards the transformation and democratization of public sector have yielded positive or negative results. By way of a literature review and comparative analysis, this study examines the objectives of affirmative action and analyses the approaches that have been taken since the adoption of this policy in the workplace. It looks at public sector and argues that there are still flaws relating to the implementation of affirmative action in public sector. The extent to which affirmative action programs attempt to implement affirmative action differs if South Africa and the United States of America can be taken as examples. The study considers some of the challenges faced by the new South African government in transforming public sector and interrogates the courts’ application and interpretation of affirmative action legislation. It concludes with recommendations that could be put in place in order to position affirmative action policies in line with the objectives of the South African Constitution, labour laws and American approach where the policy was adopted from.
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Davis, Gloria-Jeanne Halinski Ronald S. Lynn Mary Ann. "Affirmative action implementation in Illinois public state universities." Normal, Ill. Illinois State University, 1986. http://wwwlib.umi.com/cr/ilstu/fullcit?p8626589.
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Thesis (Ph. D.)--Illinois State University, 1986.Title from title page screen, viewed July 14, 2005. Dissertation Committee: Ronald S. Halinski, Mary Ann Lynn (co-chairs), Charles E. Morris, Jeanne B. Morris, Thomas W. Nelson. Includes bibliographical references (leaves 90-93) and abstract. Also available in print.
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Hansken, Linda Lee. "Perceptions of White Men on Affirmative Action Planning." ScholarWorks, 2011. https://scholarworks.waldenu.edu/dissertations/941.
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This study examined the perceptions of White men on whether they should or should not be treated with total equality and be included in affirmative action (AA) planning in the workplace. Previous studies explored the topic of discrimination toward white males and AA. Using Festinger's cognitive-dissonance theory and Adams's theory of equity, this study focused on research questions addressing basic knowledge of AA planning, perceived discrimination, dissonance, and, the perceptions of White men about AA planning. Using phenomenological methodology, data were collected from personal interviews, and analyzed by obtaining a sense of the phenomenon, categorizing the interviews into meaningful and smaller units, transforming the language to emphasize the phenomenon, and synthesizing the meaning into a consistent statement of the phenomenon structure. Results of the study suggested that very few of the White men knew much, if anything, about AA planning in the workplace, and even fewer perceived any type of discrimination associated with it. An overarching theme is that most also believe that AA is still necessary, for protected groups, and sometimes lower income white males, as a check and balance against discrimination that they still see occurring today. The results should assist organizations in understanding the perceptions of why White men do or do not believe they should be accounted for in AA planning, Implications for positive social change include better understanding of the evolving needs as the workforce demographic characteristics undergo changes and this could also potentially help reduce the number of discrimination lawsuits where white males are suing for equal rights in the workplace.
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Coetzee, Mariette. "The fairness of affirmative action an organisational justice perspective /." Thesis, Pretoria : [s.n.], 2004. http://upetd.up.ac.za/thesis/available/etd-04132005-130646.
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Mgcodo, Yolanda Thandile. "Affirmative action in terms of the Empolyment Equity Act." Thesis, University of Port Elizabeth, 2004. http://hdl.handle.net/10948/356.
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The term affirmative action originated in the United States some 30 years ago to describe a process of liberating minority groups. The objective of affirmative action within an organisational context, is to democratise the workplace by enabling members of previously disadvantaged groups to progress higher up the ranks of the corporate world. The affirmative action drive only took off in South Africa when it became part of the democratisation process and the focus was directed towards liberating the historically disadvantaged black majority. Prior to 1994, the reasons for implementing affirmative action programmes were largely political because of the race-based discrimination. Historically disadvantaged people were a minority in senior positions, the reason being that although the blacks were given a chance to compete with their white counterparts, due to their poor education standards and lack of experience only a few was appointed. The Employment Equity Act 55 of 1998 aims to correct the demographic imbalances in the nation’s workforce by compelling employers to remove barriers to advancement of blacks, coloureds, Indians, women and disabled, and actively to advance them in all categories of employment by affirmative action. The Employment Equity Act consists of two main sections. The first replaces and refines the prohibition on unfair discrimination in item 2(1)(a) of Schedule 7 of the Labour Relations Act. The second aspect deals with imposing a duty to the employers to adopt affirmative action programmes. The Employment Equity Act places a positive obligation on all employers “to promote equal opportunity in the workplace by eliminating unfair discrimination in any employment policy or practice”. Where unfair discrimination is alleged, the onus of proving that discrimination is fair, or practice is not discriminatory at all, rests upon the employer. Disputes about unfair discrimination must be referred to the CCMA, and if not settled by conciliation, to the Labour Court, which has the power to order compensation or the payment iv of damages, or to direct the employer to take steps to prevent the same unfair discrimination or similar practice occurring in the future in respect of other employees. The second section of the Employment Equity Act deals with the imposition of the duty to designated employers to adopt affirmative action programmes. All employers with more than 50 employees, or which have annual turnovers equal to or above the annual turnovers for small businesses of their class, municipalities, organs of state, and those designated as such by collective agreement, must implement affirmative action measures for people from designated groups. This entails consulting with employers, conducting an analysis of employment policies, practices, procedures and the working environment to identify barriers, drawing up employment equity plans and reporting thereafter to the Director-General of the Department of Labour on progress made in implementing the plan. Any employee may bring alleged contraventions of the Act to the attention of the employer, another employee, or any trade union, workplace forum, labour inspector or the Director- General of the Employment Equity Commission. Labour inspectors appointed under the Basic Conditions of Employment Act may enter and inspect employer’s properties and documents, and are responsible for ensuring that the employer has consulted with employees as required, conducted the pre-equity plan analysis prepared its plan and is implementing it, submitted and published its reports, set up the necessary managerial infrastructure, and informed its employees of progress. Should employers be found not to have complied with these requirements, labour inspectors must request a written undertaking that they will do so. If an employer fails to give such an undertaking, the labour inspector can issue a compliance order setting out inter alia what steps the employer must take and when, and the maximum fine, if any, that can be imposed if the employer fails to comply. If the employer does not pay attention to the compliance order within the prescribed period, the Director-General may apply to have it made an order of the Labour Court. The Director-General may also conduct independent ad hoc reviews of selected designated employers. Failure by an employer to comply with the provision of the Act lead to the employer being liable for the contravention of the Act.
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Pylkkänen, Elisa Maaria. "Words that carry meaning: issue definition and affirmative action." Thesis, McGill University, 2004. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=18203.
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This paper presents a comparative study of affirmative action policies in effect in seven countries: Australia, Canada, India, the Netherlands, South Africa, United Kingdom, and the United States. Drawing on a wide range of literature, the paper discusses several analytical frameworks that help in describing and accounting for differences between the policies, including the distinction between soft and hard affirmative action, ideological differences, and the social actors expected to adapt to affirmative action legislation. Ultimately, however, it is argued that the greatest insights can be gained by applying the issue definition perspective into the study of affirmative action, in particular by examining the language associated with these policies. Based on the analysis, a typology of affirmative action policies is developed, bringing together the findings of the different analytical perspectives presented in the paper.Le présent mémoire est une étude comparée de politiques d’action positive en vigueur dans sept pays : l’Australie, le Canada, l’Inde, les Pays-Bas, l’Afrique du Sud, le Royaume-Uni, et les États-Unis. Se basant sur une variété d’études universitaires, le mémoire aborde trois approches analytiques qui ajoutent à notre compréhension des différences entre les politiques : la distinction entre les mesures antidiscriminatoires dites douces et dures, les différences idéologiques, et les acteurs sociaux dont le comportement est visé par la législation. L’argument principal s’appuie sur la perspective théorique de définition de problèmes et soutient que la langue associée avec les politiques d’action positive nous aide à comprendre les différences observées entre ces politiques. Enfin, une typologie de programmes d’action positive est développée à partir des cadres analytiques présentés tout au long de l’étude. fr
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Prashar, Neha. "Essays on affirmative action policies in employment in India." Thesis, University of Birmingham, 2018. http://etheses.bham.ac.uk//id/eprint/8256/.
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This thesis analyses the effect of affirmative action policies on targeted groups in India. A robust analysis of the impact of public sector employment quotas for lower caste groups and women is estimated. Chapter 1 focuses on the effect association with these quotas has on lower caste groups and results show not all targeted groups benefit from the policy. Chapter 2 analyses the effect of women’s reservation policy in public employment and results show that there is some movement by women into the labour force. The biggest effect is the movement from private to public sector, putting into question the effectiveness of the policy in increasing female labour force participation rates. The final chapter then extends Chapter 2 to look at the effect of having a female friendly state, by using reservation policy as proxy for this, and women’s working status on incidences of domestic violence. Results show that women’s working status reduces incidences of domestic violence and more female friendly states have a lower likelihood associated with violence. Further to this, it is found that domestic violence increases when women earn more than men. Overall, results are mixed and possible policy recommendations are also outlined in each chapter.
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Papu, Mzimkulu Gladman. "The obligation on employers to effect affirmative action measures." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/19738.
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Since 1994, South Africa has undergone socio-economic, political and demographic transformation. The Employment Equity Act (No 55) of 1998 aims to facilitate workplace transformation through the elimination of unfair discrimination and the implementation of affirmative action measures to enable equitable representation of employees in all occupational categories and levels in the workplace. This legislation was amended on 1 August 2014, and South Africa has watched with keen interest to see what the impact of the amendments to the Employment Equity Act would be on the world of work. For many it was to see whether job seekers and individuals from the designated groups experienced equity in access to the workplace and fair treatment in employment. For others, it was to see to what extent businesses would either benefit from its accountability and fairness to all employees or suffer from increased regulatory compliance to employment equity and affirmative action amendments. At the heart of the amendments was a need to make the South African Constitution real for South Africans in facilitating work inclusive environments in which people are enabled and motivated to contribute to the goals of the organisation. The state must respect, protect, promote and fulfil the rights in the Bill of Rights, one of these rights being equality. Affirmative action as a component of employment equity is inherently part of the process of increasing and managing diversity and identifying barriers to fair employment. Transformation does make business sense. No business will survive in the long-run, unless it reinvents itself and constantly adapts to the ever-changing demands of an increasingly competitive global environment in which it operates. An organisation’s ability to create a work culture in which diversity management is effectively managed is more likely to experience the positive effects thereof on its business. Organisations require a diverse workforce with the requisite multidisciplinary talents and knowledge to achieve its goals in an ever-changing environment. The evaluation of the extent of the progress and the narrative is to be drawn from the reported workplace demographics. This is made up of statistical analyses of the representation of individuals from designated groups at different occupational levels, as well as training and progression of designated employees by reporting employers. The ultimate test of transformation however, is in the extent to which employees would vouch for the inclusivity of the workplace environment and the total absence of unfair discrimination based on listed and arbitrary grounds. For the Commission to be able to comment on the experience of diversity management and inclusion as part of employment equity, a different approach needs to be taken. I am excited to share that the Commission’s strategic plan for the period 2016 to 2021 has prioritised the need to go beyond workforce demographic statistics and move towards a better understanding of the experience of fair treatment, diversity and “inclusion” Management. There is a significant shift in the way in which the Commission is approaching its work, in the interest of the country. It is not the aim of the Commission for Employment Equity to focus its attention on the punitive measures for non-compliance only, and accordingly the third Commission hosted the Employment Equity Awards, which recognise the good work done by organisations towards furthering the transformation agenda. The third Commission moreover developed a number of Codes of Good Practice to support the implementation of employment equity. A lot of ground was covered to enable the fourth Commission to focus on their mandate more effectively. We are grateful for their hard work and we wish them well as we look forward to realising our objectives. On a different note, the United Nations offices in New York were a hub of activity and rigorous debate during the March 2016 Summit on the Status of Women. One of the themes extensively interrogated at the summit was “Women Empowerment in the economic space”. Globally, not enough is happening to turn the economic status of women. The United Nations Sustainable Goal 5 is “Gender Equality”. A 50-50 target has been set for female representivity at all occupational levels globally. South Africa needs to work towards this goal as part of their contribution. The Summit echoed the words “Women leaders in the business world is everyone’s business”. It would do us proud in the future to be able to report significant progress in this area. Another topical issue was “Equal Pay for Work of Equal Value”. Three countries, namely Canada, Sweden and Iceland have committed themselves to pay parity across gender by 2022. South Africa on the other hand has already enacted this policy. We need to see significant change in this area. In line with the discussions during the summit, I would also like to encourage designated employers in South Africa to review policies in favour of transparency around remuneration. This will go a long way in creating an enabling environment for elimination of unfair discrimination in the workplace.
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Vazquez, Baur Alejandra T. "Race and Affirmative Action in “Post-Racial” Democratic Brazil." Scholarship @ Claremont, 2017. http://scholarship.claremont.edu/cmc_theses/1702.
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This thesis examines the ways that Brazilians are evaluated for their privileges in qualification for the affirmative action program. It critically examines the existing policies, how they function, and how they affect ideas of race in Brazil for both black and non-black Brazilians. Additionally, it proposes that the policies prioritize phenotype as a primary condition for qualifying for a quota in order to accomplish their initial objectives of fighting racial inequalities, compensating for historical injustices, contributing to the diversity of experiences and perspectives on campuses and in federal offices, and raising understanding of what it means to be black in Brazil.
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Sibiya, Bernadette Ntombizodwa. "Affirmative action regarding women in education management in Mpumalanga." Diss., Pretoria : [s.n.], 2001. http://upetd.up.ac.za/thesis/available/etd-12132005-150905.
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Berry, Seth Allen. "Perceptions of Affirmative Action Beneficiaries under Differential Performance Situations." OpenSIUC, 2011. https://opensiuc.lib.siu.edu/theses/608.
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This study examined perceptions toward Affirmative Action beneficiaries among non-racists, aversive racists, and blatant racists, and the effects of evaluating a mediocre Black employee on subsequent attitudes toward Affirmative Action. Using a novel procedure for categorizing participants into one of these three racism groups, which utilized both implicit and explicit measures of racism, undergraduate students (n = 127) rated the job performance of a White or Black attorney in a positive or mediocre performance condition and provided their attitudes toward Affirmative Action. Although differential evaluations of job performance were not affected by racism type, a significant three-way interaction (employee race X performance condition X racism type) for attitudes toward Affirmative Action was found. Aversive racists, compared to non-racists and blatant racists had lower attitudes toward Affirmative Action after evaluating the mediocre Black attorney and more positive attitudes after evaluating the strongly performing Black attorney. This finding supports Gaertner and Dovidio's (2000) proposition that aversive racists have fragile pro-Black attitudes that may easily erode when presented with stereotype-confirming exemplars.
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Sollaci, Alexandre Balduino. "Is 'tagging' a rationale for affirmative action in education?" reponame:Repositório Institucional do FGV, 2014. http://hdl.handle.net/10438/11887.
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In this paper, we try to rationalize the existence of one of the most common affirmative action policies: educational quotas. We model a two period economy with asymmetric information and endogenous human capital formation. Individuals may be from two different groups in the population, where each group is defined by an observable and exogenous characteristic. The distribution of skills differ across groups. We introduce educational quotas into the model by letting the planner reduce the effort cost that a student from one of the groups has to endure in order to be accepted into a university. Affirmative action policies can be interpreted as a form of ``tagging' since group characteristics are used as proxies for productivity. We find that although educational quotas are usually efficient, they need not subsidize the education of the low skill group.
Neste artigo, procuramos racionalizar a existência de uma das formas mais comuns de políticas de ação afirmativa: cotas educacionais. Nós modelamos uma economia com dois períodos, assimetria de informação e formação endógena de capital humano, Os indivíduos dessa economia podem vir de dois grupos diferentes, cada grupo definido por uma característica exógena e observável. A distribuição de habilidades difere entre os dois grupos. Nós introduzimos cotas educacionais no modelo ao deixar o planejador social reduzir o custo, em termos de esforço, necessário para que um estudante de um desses grupos seja aceito numa universidade. Nesse contexto, uma política de ação afirmativa pode ser interpretada como uma forma de tagging, já que as características de cada grupo podem ser usadas como proxies para produtividade. Concluímos que, embora políticas de cotas educacionais geralmente sejam eficientes, elas não necessariamente subsidiam a educação do grupo 'menos'habilidoso.
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Resendez, Miriam Guadalupe. "Negative evaluations and affirmative action: The preseverence of stigmatization." CSUSB ScholarWorks, 1997. https://scholarworks.lib.csusb.edu/etd-project/1372.
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Soto-Marquez, Victor. "Whites' physiological and psychological reactions toward affirmative action programs." CSUSB ScholarWorks, 2007. https://scholarworks.lib.csusb.edu/etd-project/3313.
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Discrimination has many effects on the individual/group being discriminated against regardless of the reasons for the discrimination. Further exploration on discrimination processes and their relationships to physiological and psychological outcomes, both of which, over time may become problematic and affect the health and well-being of individuals.
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Kontak, Nicole. "Anti-Affirmative Action Legislation in California Universities: Whitening the Ivory Towers." Diss., The University of Arizona, 2015. http://hdl.handle.net/10150/347182.
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This multi case study examined how leaders of color narrated their experiences regarding access to leadership positions at two universities in California before and after Proposition 209 (California's anti-affirmative action legislation) was enacted in 1996. The research focused on addressing a gap in the literature with regards to professionals of color and the barriers they may have faced in the hiring process in an era of anti-affirmative action legislation. Semi-structured interviews of eighteen Student Affairs leaders of color (with job descriptions no lower than assistant director) were conducted. In addition, critical discourse analysis as outlined by Fairclough (1995) was used to analyze affirmative action plans from both institutions before and after Proposition 209. Cultural capital and critical race theory were the theoretical frameworks used to analyze the participant narratives and the discourse within the affirmative action plans. Findings included: qualifications being more important than cultural forms of knowledge, more diversity among director level positions, the hiring process being described as complex and lengthy, the importance of professional mentors, and leaders of color needing to assimilate to valued norms representative of the status quo to be successful in the hiring process as well as in their professional work environments. Recommendations for further research as well as recommendations for leadership development for professionals of color in higher education institutions is discussed.
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Motumi, N. E. "The implementation of the affirmative action policy in the South African Military Health Service (SAMHS) 1995 - 2000." Diss., Pretoria : [s.n.], 2006. http://upetd.up.ac.za/thesis/available/etd-08282007-150015.
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Motileng, Barnard Buti. "Affirmative Action the experience of people in middle management positions /." Pretoria : [s.n.], 2004. http://upetd.up.ac.za/thesis/available/etd-01252005-074747.
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Clancy, Sandra J. "Imagining affirmative action and equal opportunity, American failures, Canadian challenges." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp02/NQ27623.pdf.
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Gas, Tonio. "Affirmative Action in der Republik Südafrika : unter Berücksichtigung verfassungsvergleichender Bezüge /." Baden-Baden : Nomos-Verl.-Ges, 2002. http://www.gbv.de/dms/sub-hamburg/349777373.pdf.
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Brown, Syreeta. "The Relationship Between Social Attitudes and Race-Based Affirmative Action." Honors in the Major Thesis, University of Central Florida, 2005. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/744.
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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucfBachelors
Arts and Sciences
Psychology
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Shohfi, Kyle Daniel. "Racial, not rational : economic threat, symbolic racism, and affirmative action." Thesis, Massachusetts Institute of Technology, 2016. http://hdl.handle.net/1721.1/104568.
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Thesis: S.M., Massachusetts Institute of Technology, Department of Political Science, 2016.Cataloged from PDF version of thesis.
Includes bibliographical references (pages 51-54).
For decades, scholars have debated the determinants of whites' attitudes about racialized policies such as welfare, busing, and affirmative action. While some have argued that whites formulate their positions rationally according to perceived economic threat, others have asserted that such policy attitudes are the function of one's level of symbolic racism, with little to no influence from economic considerations. Using data from the 2012 Cooperative Congressional Elections Study and demographic data, I assess the effects of actual economic competition and an individual's other attitudes on white opposition to affirmative action. Furthermore, in order to identify the levels, if any, through which the economic threat mechanism operates, this paper measures economic threat in several different ways: at both the level of the individual and the level of whites as a group, and each of these at both the zip code and county levels. I find strong support for the symbolic racism theory of policy attitude formation, as respondent attitudes are driven mostly by racial affect, ideology, and party identification. No matter the level at which economic threat is measured, objective economic conditions do not seem to influence one's attitudes about affirmative action.
by Kyle Daniel Shohfi.
S.M.
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Ribeiro, Ana Carolina Trindade. "Affirmative action outcomes: evidence from a law school in Brazil." Universidade de São Paulo, 2017. http://www.teses.usp.br/teses/disponiveis/12/12138/tde-04092017-125250/.
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The main goal of affirmative action (AA) policies is to give opportunities otherwise nonexistent to minorities and underprivileged students. In this paper, I investigate whether the introduction of a college affirmative action policy enables AA beneficiaries to obtain a career in Law and to catch up with high scoring candidates who did not get admitted due to the policy (i.e., displaced candidates). To do so, I use a new dataset from UERJ admission office, a prominent public university in Rio de Janeiro, which was the first in Brazil to adopt a quota system for both black and public school students. I combine this dataset with the OAB exam passage records, equivalent to the American Bar exam. Preliminary results suggest that the quota policy improves OAB passage rates for beneficiaries. I find that lawyer certification for underprivileged students increases by 51 p.p., even though they underperform by 4.56 p.p when compared to displaced candidates. I also present evidence that displaced candidates do not experience any drop in their OAB exam passage rates due to the policy. Furthermore, I find that public school quota beneficiaries who score close to the admission cutoff present an increase in the probability of passing the OAB exam by up to 52 p.p.O principal objetivo de políticas de ação afirmativa (AA) é dar oportunidades, em geral inexistentes, aos membros da sociedade menos privilegiados, em especial àqueles pertencentes a minorias. Neste trabalho, é feita uma análise acerca do impacto da política de cotas no curso de Direito da primeira universidade pública a adotar a política de cotas no Estado do Rio de Janeiro, a UERJ, de forma a estimar os efeitos da política após o ensino superior. Especificamente, o quanto a política impulsiona seus beneficiários e em que medida permite que estes se aproximem de candidatos que obtiveram pontuação alta no vestibular, mas não foram admitidos exclusivamente por causa da reserva de vagas. Adicionalmente, o impacto sobre estes últimos, que também são diretamente afetados. Para tanto, foram utilizados dados do processo de admissão do curso de Direito da Universidade do Estado do Rio de Janeiro (UERJ), considerado de alto prestígio, em conjunto com as listagens de aprovação no exame da Ordem dos Advogados do Brasil. Os resultados indicam que a política aumenta em 51p.p. a probabilidade de certificação dos candidatos que se beneficiam da política, apesar de os mesmos ainda apresentarem 4.56p.p. menos chance de certificação do que os candidatos displaced. Além disso, há evidências de que a política não afeta negativamente as chances de aprovação na OAB dos candidatos displaced que pontuaram pouco abaixo do corte de admissão na UERJ. Por outro lado, a política é capaz de aumentar a certificação dos alunos admitidos para vagas destinadas ao sistema de ensino público com pontuação próxima ao corte em até 52p.p.
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Shuford, John E. M. "The "gift" of affirmative action : racial redress toward racial healing /." view abstract or download file of text, 2002. http://wwwlib.umi.com/cr/uoregon/fullcit?p3061965.
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Thesis (Ph. D.)--University of Oregon, 2002.Typescript. Includes vita and abstract. Includes bibliographical references (leaves 296-324). Also available for download via the World Wide Web; free to University of Oregon users. Address: http://wwwlib.umi.com/cr/uoregon/fullcit?p3061965.
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Dunville, Donna. "Personnel Managers' Attitudes Towards Affirmative Action & Its Potential Correlates." TopSCHOLAR®, 1993. https://digitalcommons.wku.edu/theses/2281.
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Despite the controversy surrounding Affirmative Action (AA), relatively little research has appeared about attitudes towards these programs. In this research, an exploratory approach is implemented to assess the support of personnel managers for the theory of AA as well as the mechanisms designed to carry it out. Also, the relationship to Supreme Court decisions, relevant legislation, and numerous demographic, attitudinal, and organizational variables are examined for their impact on Affirmative Action attitudes. A questionnaire was utilized to assess support for AA and its correlates. The majority of personnel managers indicate support for both AA in theory and the mechanisms required to carry these programs out. This research indicates either very small or no differences exist between support for AA concepts versus AA mechanisms, support for gender -based versus race-based AA, or support reported by private sector versus public sector personnel managers for AA. How personnel managers perceive the impact of Court Decisions and the 1991 Civil Rights Act on AA implementation, although small, was found to be a significant correlate of AA attitudes. The race of the respondent was found to be the most significant determinant of AA attitudes. Although minorities were found to be more supportive than nonminorities, both were found to register support for these programs.
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Barrett, Christine Ann. "The impact of affirmative action programs on perceptions of organizations." CSUSB ScholarWorks, 2000. https://scholarworks.lib.csusb.edu/etd-project/1687.
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Hogan, Terry. "Race Matters: Administrators Perspectives on Affirmative Action in Higher Education." ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/7300.
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Legal challenges and statewide bans regarding the use of affirmative action as an admissions policy have affected the way higher education administrators must comply with these mandates to receive federal funding. The purpose of this study was to examine the perspectives and experiences of college and university administrators at public and private U.S. colleges and universities regarding the implementation of race-based and race-neutral admissions policies. Critical race theory provided the framework for the study. Data were collected through in-depth interviews with 9 administrators at U.S. institutions of higher education. Data were organized, sorted, and coded to reveal 4 themes: holistic evaluation process, financial aid/scholarships, strategic alliances, and targeted recruitment. Findings may be used to influence programming and policies that lead to higher levels of acceptance and enrollment of racial and ethnic minority students at colleges and universities throughout the United States.
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Swartbooi, Aurick Devlin. "Managing the perceptions about affirmitive action (AA)." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1120.
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The main research problem focused on the effective management of the perceptions about Affirmative Action (AA). A literature study and a survey were conducted to investigate the extent and nature of perceptions, the effect of these perceptions on labour and personal relations, current and suggested management practice of the perceptions of AA. A definition of AA, earlier measures of AA, the implementation of AA in the South African context, the stages of AA, theories, relevant legislation, perceptions and the management thereof are discussed. The survey was conducted at the George and Beaufort West District offices of the Department of Rural Development and Land Reform (DRDLR) with a response rate of 78.95 percent. The perceptions about AA can be managed effectively by complying with legislation, by involving and making all levels of employees responsible for the achievement of employment equity, skills development, personal development, consultation and communication.
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Maxwell, Jewerl Thomas. "Presidential affirmative action the role of presidential executive orders in the establishment, institutionalization, & expansion of federal equal employment opportunity policies /." Oxford, Ohio : Miami University, 2008. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=miami1216044992.
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Archibong, Uduak E., and Kingsley U. Utam. "Affirmative action measures and gender equality: review of evidence, policies, and practices." Encyclopedia of the UN Sustainable Development Goals. Springer, Cham, 2020. http://hdl.handle.net/10454/17967.
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YesThe central aim of this chapter is to describe the policy and practice of affirmative action measures. It synthesizes findings from published studies and highlights the rationale, drivers, benefits, beneficiaries, effectiveness, and impacts of affirmative action policies and practices in different countries. The chapter will discuss the possible lessons from these studies and highlight the link between affirmative action policies and practices and contributions to achieving target 5 of the Sustainable Development Goals (SDG).
The full-text of this article will be released for public view at the end of the publisher embargo on 12 May 2022.
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Wright, Sarah-Ann L. "Attitudes to affirmative action and the perceived impact of affirmative action programmes in the South African business environment : a comparative study based on race and gender." Thesis, Rhodes University, 1994. http://hdl.handle.net/10962/d1015715.
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Affirmative action is a sensitive and controversial topic evoking a host of emotional reactions regarding tokenism, reverse discrimination, lowering of standards, quota systems and a disregard for meritocracy (Gatherer & Erikson, 1992). It is also a topic receiving considerable attention in the context of a changing South Africa and will be one of the first steps taken in the labour arena under a new government (Charoux, 1991 ). The goals of the research were firstly, to detail and compare the attitudes of men and women, black and white to affirmative action and secondly, to examine the perceived impact of an affirmative action programme on beneficiaries as well as non-beneficiaries. The research was of a quantitative and qualitative nature, so as to provide the scope and depth desired in such an investigation. A survey was conducted using the data collection techniques of a mail questionnaire (quantitative focus) and individual in-depth interviews (qualitative focus). A pilot study was conducted. The majority of the questions in the questionnaire conformed to the conventions of the Likert Scale (Oppenheim, 1992) and data was analysed using percentile frequencies. Data from the interviews was analysed using the qualitative methods of noting themes and patterns, and clustering as proposed by Miles and Hubem1an (1984). The research was conducted in one large organisation in the infomation services industry, situated in the PWV area. Four key sample groups of white men, white women, black men and black women were used. The results of the research indicate that respondents perceive affirmative action as a policy to primarily address the educational disadvantages of black people in South Africa. Initial attitudes to affirmative action reflected a negative orientation amongst whites but a positive orientation amongst blacks. However, probing into the issues indicated that whilst there is an acceptance of the philosophy of and the need for affirmative action for black people, disagreement existed over which implementation methods of affirmative action (preferential treatment and quota systems) were acceptable and at what interfaces (hiring, training and development, promotion), implementation was acceptable. Attitudes on these various issues were often not divided along racial or gender lines and considerable divergence of attitudes also existed within the sample groups. Gender in affirmative action received less consideration by all four sample groups. Results also indicate that beneficiaries of affirmative action do not perceive affirmative action policies and programmes as stigmatising or negatively affecting their self-esteem. Nonbeneficiaries communicated that affirmative action could result in white resentment if blacks benefit at the expense of whites. Low levels of resentment were evident in the research. The organisation's affirmative action programme was seen to be ineffective due to the lack of communication about the programme, no evidence of its progress in terms of significant representation of blacks at senior levels in company XXX and the inequities that were seen to be still pervading the organisation.
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Taylor, Nicola. "Unfair discrimination and affirmative action in the South African Police Service." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/8693.
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Affirmative action is the purposeful, planned placement and development of competent or potentially competent persons in or to positions from which they were debarred in the past. Affirmative action is an attempt to redress past population, on a local and national level. One of the requirements of affirmative action in South Africa is that it must target persons who have been discriminted by unfair discrimination in the past. the Emplyment Equity Act was brought into the South African government to bring equality to all. Unfair discrimination is a branch of affirmative action in which individuals are discriminated against not only on race, but includes colour, sex, religion, age, disability, language and the likes. Section 9 of the Constitution of South Africa prohibits unfair discrimination against any person on any of the listed grounds. Section 2 of the Employment Equity Act is in place to aim to achieve equity within the workplace by promoting equal opportunity and fair treatment as well as eliminating unfair discrimination. Section 6, like the Constitution, lists grounds against which an individual may not be discriminated. Historically, the South African Police Services were a deeply-routed racist organization, where only white males were afforded better opportunities. This however changed after South Africa became a democratic country and with the introduction of the SAPS Act. Transformation within the SAPS took place after South Africa moved towards a democratic society.
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Adam, Kanya. "The politics of redress : affirmative action in South Africa's private sector." Thesis, University of Oxford, 1998. https://ora.ox.ac.uk/objects/uuid:e550cea6-51fd-4d40-a273-03f8772c9d37.
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This study examines the politics of redress in South Africa's private sector and the implication of race based affirmative action for a society in the throes of national reconciliation. Renewed racial classifications to eliminate the legacy of past racism seem to contradict the official state ideology of colour-blind nonracialism. Resentment among some whites on whose skills and loyalty a growing economy also relies, makes affirmative action a most divisive issue. Unlike most other countries in which minorities are targeted, in South Africa a previously disenfranchised majority is the beneficiary of preferential labour policies. Quite distinct from North American quotas for minorities, South African unions aim at transforming the workplace of the undertrained majority, which contrasts with business visions characterised by black advancement in management and ethnic diversity on company boards. However, even this initial window-dressing exercise for political expediency encounters resistance among a colonial establishment that still equates promotion of the previously disadvantaged with lowering standards. The changing discourse about affirmative action is probed through written surveys among two hundred business executives, focus groups, more in-depth personal interviews, and participant observation at selected companies in South Africa between 1992-97. An increased readiness to broaden the recruitment pool emerged among white male executives and would seem to have been triggered by the changed political power relations. This "anticipatory compliance" to potential legislation is justified with different motivations but is still driven by economic considerations rather than moral concerns about past neglect. Keeping up with the "black image" of competitors in securing government contracts or penetrating a township market with higher purchasing power spurs even traditionally conservative firms to vie for black managers. They are poached and head-hunted with generous inducements, at the expense of training the broader spectrum of black workers at a lower level. The unique current South African debate about redress is compared with its historical precedents of Afrikaner job reservation and "civilized labour policies", as well as the international experience with preferential hiring in the US, Canada, India and Malaysia. The recent backlash against affirmative action in the US, together with the assertion of counter-productive effects on beneficiaries, is evaluated against the South African case. The literature is divided as to what extent recipients of affirmative action experience self-doubt and low self-esteem. The label "affirmative action beneficiary" is said to stigmatize minorities not considered as having achieved status on merit. However, the vast majority of recipients of affirmative action probed in this research did not consider themselves passive recipients of company largesse, but instead perceived themselves as having rightly earned their place in the accelerated business training program. Far from victimising themselves by claiming compensatory preferential treatment, the respondents in this sample of black management students proudly insist on their past individual achievements as entitlement to their career. This finding contradicts the conventional wisdom among critics, that appointees on merit differ from affirmative action appointees in their approach to work. While a new rapidly growing black elite who least needs affirmative action, nonetheless benefits most from racial preference policies in senior management, the majority of impoverished and unemployed are not affected by these policies at all. To avoid the danger of racialised competition, a policy of non-racial, class-based affirmative action is suggested as the most feasible way to facilitate reconciliation.
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Decker, Teagan Elizabeth. "From social justice to diversity : tracing the discourses of affirmative action /." Thesis, Connect to this title online; UW restricted, 2007. http://hdl.handle.net/1773/9371.
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Wilson, Latoya. "The Stigma and Unintended Consequences of Affirmative Action in the Workplace." Digital Archive @ GSU, 2005. http://digitalarchive.gsu.edu/honors_theses/4.
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When the general public discusses Affirmative Action, they are more likely to make an assumption that the person is not qualified without seeking their actual qualifications. Some may hesitate to provide any reasonable explanation for their opposition because the policy is a controversial topic. The goal of this journal was to search for the possibilities that may actually inspire their opposition and relate it to the stigma theory, which might explain some of these reasoning.
By focusing on black recipients in the workforce research on the policy and reactions to Affirmative Action, some researchers appeared to study according to what they think Affirmative Action is supposed to accomplish. There are not enough scholars, with a specialization in human resource, to provide objective facts about the actual intent of the policy.
It appears that some managers are not knowledgeable on how to manage the program legal. When certain individuals, who are supposed to have expertise on this policy, are not knowledgeable, then the public cannot be expected to be knowledgeable about the policy. The purpose is to look at Affirmative Action from an objective point of view to differentiate the actual purpose of the policy from the stereotypical purpose of the policy. Recommendations are provided to determine how Affirmative Action can prove to the critics that it is necessary when the program is operated properly.
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Garcelon, Janelle. "Fair Equality of Opportunity: Reconceiving Affirmative Action through a Rawlsian Lens." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/cmc_theses/1046.
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This paper examines common and past applications of affirmative action, including arguments for and against the application; presents John Rawls’ theory of justice, and proposes a framework using Rawls’ theory for future applications of affirmative action. The proposal relieves heavily on the principle of fair equality of opportunity, both as an indicator for when using affirmative action is appropriate as well as a tool to help identify the people that affirmative action programs should target. Using this framework, the public education system is identified as a sector of society that fails to provide fair equality of opportunity for all citizens, and an example of how the Rawlsian conception of affirmative action should be used in practice to help address the inequalities and help restore equality of opportunity within the public education system is given. Objections to affirmative action, both in general and more specifically tailored to the model proposed in this paper, are raised and responded to. This paper comes to the conclusion that affirmative action programs, when targeted towards individuals who are denied fair equality of opportunity and have low rates of social mobility, will help create a more just society.
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Liu, Kimberly A. "The constitutionality of facially neutral affirmative action in the United States." Thesis, University College London (University of London), 2018. http://discovery.ucl.ac.uk/10054482/.
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This thesis considers the constitutional status under U.S. law of affirmative action measures that avoid explicitly classifying individuals on the basis of race (“facially neutral affirmative action”). It is particularly concerned with whether such measures constitute racial discrimination in the first instance, such that they would be subject to the strictest standard of judicial scrutiny. Two features distinguish facially neutral affirmative action from the paradigmatic understanding of unconstitutional racial discrimination: (1) as a form of affirmative action, such measures pursue an inclusionary or integrative purpose consistent with the achievement of substantive equality, rather than seeking to inflict harm on particular racial groups or otherwise endorse racial hierarchy; (2) such measures sort beneficiaries and non-beneficiaries on the basis of nonracial criteria (for example, socioeconomic status) and do not then require that individuals be identified by their personal racial group membership and subject to differential treatment on this basis. This thesis argues that these two features combine to exclude facially neutral affirmative action measures from the definition of racial discrimination as a matter of constitutional presumption. In particular, the shift in operative form, from explicitly classificatory to facially neutral, significantly diminishes the intrusion of this type of policy on equality principles, and should consequently reduce their legal vulnerability. This thesis then proposes a standard for when the presumption of constitutionality will be rebutted. If the design and practical effect of a challenged facially neutral affirmative action measure cannot rationally be explained as other than an attempt to target individuals on the basis of race, it will qualify as discriminatory and thus be subject to strict judicial scrutiny. Ultimately, this thesis locates facially neutral affirmative action measures in their proper position in the constitutional landscape, something of particular importance given the persisting racial inequality in American society, and the judicial and popular hostility to explicitly classificatory racial preferences.
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Alothman, Abdullah. "Affirmative action policy and labour market structure : evidence from Saudi Arabia." Thesis, University of Plymouth, 2017. http://hdl.handle.net/10026.1/8574.
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Few public and social policy subjects have attracted as much attention as Affirmative Action Policy (AAP) in social sciences. AAP’s main aim is to eliminate or prevent past discrimination against disadvantaged groups and to enhance their position in society. Its role has become controversial around the world. In Saudi Arabia, despite changes and improvements in laws and strategies, over past decades, to tackle the age-old issue of native unemployment, the problem is still deeply ingrained in society. This research has investigated the role, effectiveness and consequences of AAP on Saudi labour market structure. The research has employed a pragmatic methodology over three phases of analysis. The first phase has been based on an interpretive paradigm, and been conducted through semi-structured interviews with labour market experts, to identify and understand the policy. The interviews have been analysed using a thematic analysis technique. The findings of this phase contributed significantly to the understanding of AAP’s legislative nature and role. Two different historical versions of AAP (pre- and post-2011) have been identified. The earlier version (pre-2011) was found to be a non-strategic and vague policy that made no real impact on natives’ employment, while the new version (post-2011) has been positive in increasing native employment (relatively), but it has been associated with serious unintended consequences due to its stricter enforcement. The second phase has been based on a positivist paradigm, and been conducted through time-series analysis (2004-2014), to examine policy effects on labour market structure. The results have indicated that, in addition to the continuing issue of the high inward flow of expatriates, AAP has failed to either improve the distribution of job opportunities across the country, or enhance structural issues with some occupations in the private sector. The third phase has also been based on a positivist paradigm, and was carried out using a survey (sent to over 1,000 participants) examining the policy’s socio-psychological effects on employees. The findings have suggested that employees tend to perceive AAP negatively. Mainly, the results reveal a strong correlation between AAP and all types of discrimination, both individual and institutional, and such a negative perception of discrimination has direct and indirect effects on employees’ intention to leave. The main contribution of this research is to provide much desired information on the AAP’s practice and approaches, in an interesting context. The research provides vital information about old and new AAP legislations in Saudi Arabia. Two frameworks have been developed, (with one being tested), to understand the policy effects from different perspectives. Importantly, the research shows how a strict form of AAP can have side effects on the beneficiary group and destabilise the labour market.
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Sinuka, Zamile Hector. "Affirmative action as a strategy for social justice in South Africa." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/20362.
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The purpose of this treatise is to develop a spirit of understanding affirmative action as a strategy that gives South Africa a human face of equality. The strategic development of affirmative action as part of Employment Equity Act is based on equality at workplace. This work takes note of the need to integrate human resource development for employment, productivity and education system that is based on formal education, prior knowledge education (RPL) and previous experience. The imbalances were designed to be of racial reflection therefore the redress process is racial in character but non-racial in content as the envisaged society is a non-racial society. The historical background of inequality and racial discrimination is noted in the environment of employment and on how other laws were enforcing the inequality. The arguments against affirmative action are debated and valid points of such arguments are noted as points of concern that must be considered in the process to attain equality. This work views affirmative action as a process that goes beyond employment relations and work as an instrument to change society by addressing social needs and services that have a reflection of inequality. Education is viewed as the out most important process to change the lives of people as affirmative action has a requirement of suitably qualified candidates to be affirmed. In South Africa problems of inequality were political designed but were enforced by various laws that were having material and psychological impact on the previously disadvantaged. The designated groups were divided into Africans, Indians and Coloureds, in Naidoo v Minister of Safety and Security this principle of defining designated racial groups was promoted in correction to the direction that was taken in Motala v University of Natal.Affirmative action is a legal process that addresses political designed problems. It is also a process that is exposed to abuse. Corrupt officials and managers appoint employees that do not qualify for posts on the bases of political affiliation or any other ground of discrimination. This is discussed with reference to the allegations of SADTU selling posts for principals, senior managers appointed in state co-operatives. The above mentioned tendencies are noted as part of negative indicators on the process that is meant to bring equality and non-racial society where all the citizens are given equal opportunities. This work views affirmative action as a strategy that is based on achieving a society that has a human face where race shall not be a point of reference.
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Fredericks, Fadwah. "The effect of affirmative action on the reduction of employment discrimination." Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/5265.
Full textAbstract:
Magister Commercii - MComSouth African labour relations are associated with a history of extensive discrimination and segregation, subject to various types of discrimination during the apartheid era, including employment discrimination. This study explores the effect of Affirmative Action on the reduction (if any) of employment discrimination since the advent of democracy. It investigates whether the extent of employment discrimination by race and gender has decreased, 20 years since the economic transition. The first part of the study gives an overview of the South African labour legislations, both discriminative legislations and statutes aimed at redressing the imbalances of the past. The empirical part of the paper employs a sample that represents the labour force (excluding informal sector workers, agricultural workers, domestic workers and self-employed) aged between 15 and 65 years. The methodology in this study firstly estimates probit models describing the labour force participation, employment and occupational attainment, followed by the Oaxaca-Blinder decomposition, using data from OHS 1997-1999, LFS 2000-2007, QLFS 2008-2014 and NIDS 2008-2012. The OHS/LFS/QLFS decomposition results show that the unexplained component of the White-Black employment probability gap does not reveal any strong downward trend overtime. Also, results on the occupational attainment gap indicate that there was an increasing occupational attainment probability gap between Whites and Blacks which was partially driven by an increase in the unexplained component. This implies that Affirmative Action was not successful in reducing racial discrimination in the South African labour market. Additionally, the unexplained component is most dominant in the male-female employment gap decomposition. This suggests employment discrimination against females is very serious. However, the male-female highly-skilled employment likelihood shows no clear trend over time. These results suggest that when it comes to employment discrimination against females, this may have taken place more seriously when it comes to the unskilled or semi-skilled occupations.