It's not an overstatement to say that some certified human resource professionals believe they need to know as much about employment discrimination as affirmative action attorneys should know. Affirmative action law touches upon other legal areas, such as equal opportunity employment and the concept of providing a workplace free of harassment.

To undertake an affirmative action law education and training program, you should plan to cover the historical events leading up to laws prohibiting discrimination in employment. The next logical steps are to read the federal statutes, complete classroom or online courses devoted to affirmative action laws and then to stay informed of changes to those laws with blog commentaries from experts in the field. To utilize dependable resources for affirmative action law:

1. Register for webinars and online training classes intended to teach affirmative action regulations to human resource professionals.

2. Locate websites that connect you to the statutes regarding affirmative action in business.

3. Learn what affirmative action lawyers say about the topic by reading online blogs and forums.

4. Research the history of affirmative action laws to understand their purpose.

Action Steps
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Complete webinars and online training classes devoted to affirmative action law

You may need to prepare compensation analyses or other reports to defend your company against allegations of employment discrimination. Or you may want to learn the human resource manager's role in equal employment opportunity policies.

I recommend: The American Association for Affirmative Action regularly offers webinars that deal with different aspects of affirmative action laws. Online training courses offered by Hudson Mann deal with workplace harassment training and equal opportunity employment basics.

Find education using the statutory sources of affirmative action laws

The federal Department of Labor and university libraries are reliable sources for federal and state statutes on affirmative action in the workplace.

I recommend: Locate facts regarding the 2002 Executive Order relating to affirmative action on the United States Department of Labor website. Stony Brook University offers a comprehensive guide to executive orders, federal laws and regulations regarding affirmative action in business. The University of California website explains federal requirements for nondiscriminatory laws.

Use blogs as convenient education resources that expand on affirmative action law

Find out if the size of your company requires you to implement an affirmative action policy or about new rules for filing legal documents related to affirmative action lawsuits.

I recommend: George's Employment Blawg offers discussions on coverage issues for federal affirmative action laws. The Delaware Employment Law Blog addresses the correct form for filing documents with the OFCCP. Read educational information about recent decisions applying affirmative action laws in real-life cases at Affirmative Action Blogspot.

Educate yourself about historical events that led to the creation of affirmative action laws

A quick study of labor and political history in the United States over the past fifty years can help you learn information about affirmative action law that explains the law's purpose.

I recommend: The Almanac of Policy Issues reviews how past discrimination in education and employment led to a belief that affirmative action laws were necessary to create opportunities for minority groups. Read a legal history of affirmative action at the Maryland School of Public Affairs.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Events leading up to the Civil Rights Act of 1964 provide an excellent historical perspective for anyone undertaking an affirmative action law education and training program.

Originally enacted in the 1960's to prevent discrimination based on race, gender, religion or national origin, decades later Affirmative Action Law remains a contentious subject. To ensure your business doesn't end up in a legal battle you need to know the basics of affirmative action regulations in business.

Affirmative action in business differs slightly from affirmative action in other areas such as academics and public accommodations. While you can get more detailed information about the minutiae of the law from Affirmative Action lawyers, here are the basics of affirmative action in the workplace:

1. All businesses that employ 15 or more people must adhere to Affirmative Action law. This means the hiring, compensatory, employee promotion and firing practices of your business must be void of discrimination based on gender, race, religion or physical capability.

2. Temporary, full-time and part-time employees are included in the total employee count. So, if your business employs 10 permanent full time employees and five temporary employees, you still have to adhere to Affirmative Action regulations.

3. Quotas do not rule Affirmative Action regulations. It was once a widespread belief that employers must reach a certain quota of women and minority employees, this is not the case.

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Publicly advertising new job opportunities helps ensure the adherence of affirmative action laws

The purpose of affirmative action regulations in business is to promote diversity in the workplace. When a new opportunity arises for your business, advertise it in your local newspaper or on the Internet as opposed to hiring only family members, personal friends or friends of your current employees to receive applicants from a broad range of races, genders and physical capabilities.

I recommend: Using human resources software from VIP Quality Software, Ltd. or Berkshire Associates Inc. makes it easier to ensure you are adhering to affirmative action laws because it generates affirmative action statistics of each applicant automatically as you enter their information into your businesses computer systems.

Ensure your business adheres to affirmative action law by developing an affirmative action plan

Having an affirmative action plan in place ensures that all of your employees are familiar with the affirmative action regulations of your company.

I recommend: Get help developing your Affirmation Action plan by using software from Peopleclick, Inc. and EEO Made Simple Consulting.

Train your employees in affirmative action law

Promote affirmative action and diversity in the workplace by conducting the proper employee training. Have a few affirmative action attorneys or affirmative action experts give a lecture or conduct a workshop during employee training to make sure your employees are familiar with all affirmative action regulations. Having affirmative action attorneys come in during new hire training also ensures that all questions regarding affirmative action law receive the proper answers.

I recommend: Find affirmative action attorneys by state from LexisNexis and affirmative action experts at eWitness.com, LLC, to give lectures or workshops during employee training.

Tips & Tactics

Helpful advice for making the most of this Guide

• •  Implement a 'Zero Tolerance' rule regarding discrimination in the workplace. Be sure to communicate the fact that discrimination is not tolerated at your company to everyone from line level employees to management. The more educated your employees are regarding affirmative action laws the less likely you are to have legal issues regarding discrimination.
• •  Employers must engage in good faith practices to ensure their available employment opportunities are open to all people, regardless of race, gender religion or physical capabilities.

An affirmative action law may be any law that controls the use of ethnicity, gender or race in an effort to provide equal opportunity. It frequently covers the procedures used to make educational and employment decisions, as well as health programs. The intent of affirmative action laws is to provide diversity throughout society and redress previous discrimination. Affirmative action laws in the United States have resulted in many court cases, and they also have been challenged on constitutional grounds.

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Adverse impact

Adverse impact is the degree to which one group of people is less favored than another. Jurisdictions frequently set a specific standard for adverse impact.

I recommend: The Commission on Human Rights and Opportunities for the state of Connecticut legally defines adverse impact. A group that is selected less than 80 percent as often as the favored group is considered to be adversely impacted.

Bakke decision

The Bakke decision was a landmark case on affirmative action decided by the Supreme Court of California in 1978. It prohibits a quota system in college admissions, but also rules that affirmative action programs are constitutional.

I recommend: Above The Law discusses the Bakke decision and its impact on college admissions.

Jim Crow laws

Jim Crow laws were enacted between 1876 and 1965 and mandated the 'separate but equal' status of non-whites during this period. Many affirmative action laws are intended to correct the effects of Jim Crow laws.

I recommend: The University of Dayton has an article that argues in favor of affirmative action and specifically discusses the effect of Jim Crow laws on American society.

Minority group

A minority group can theoretically be any group that comprises less than half of a population. In the context of affirmative action laws, however, it usually refers to minority groups based on race, gender or religion.

I recommend: BlackHistory.com describes some of the more common types of minority groups with regard to affirmative action laws.

Reverse discrimination

Reverse discrimination refers to a practice that favors a historically disadvantaged group over a historically advantaged group. In the context of affirmative action laws, this frequently refers to laws that favor blacks over whites or women over men.

I recommend: USLegal provides an extensive discussion of reverse discrimination as a reason for opposing affirmative action laws.

Protected classification

A protected classification is a group of people that is protected by an affirmative action law. In the United States, this typically refers to people who are protected on the basis of race, religion, gender or disability.

I recommend: HR Analytical Services provides a detailed definition of a protected classification with respect to affirmative action laws.