Can employers lawfully consider race or gender when making hiring or promotion decisions? Explain.

  1. What is the monetary floor an employer/federal government contractor must meet to have Executive Order 11246 imposed?
  2. Anne is employed by Cory Contracting Company. Cory has a $1.3 million contract to build a small group of outbuildings in a national park. Anne alleges that Cory Contracting has discriminated against her, in that she has not been promoted to skilled craft positions with Cory because it thinks that it is inappropriate for women to be in skilled craft positions and that most of the male skilled craftworkers are very much against having women in such positions. Knowing that Bradley Cory Contracting has a contract with the federal government, Anne brings suit against Bradley Cory under Executive Order 11246 for gender discrimination. Will she be successful? Why or why not?
  3. Can employers lawfully consider race or gender when making hiring or promotion decisions? Explain.
  4. If so, may it only be used to remedy identified past discrimination? Discuss.
  5. Must such discrimination have been committed by the employer or can the discrimination have been committed by society in general? Explain.
  6. Can affirmative action be used to benefit those who did not actually experience discrimination? Discuss.
  7. Can race or gender be the only factor in an employment decision? Explain.
  8. If race or gender can be the only factor in an employment page 263 decision, how long can it be a factor?
  9. What is the difference between an affirmative action goal and a quota? Is there a difference? Explain.
  10. What is the proper comparison to determine if there is an underrepresentation of women or minorities in the workplace?oceed?