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On April 1, 2003, the U.S. Supreme Court heard oral arguments in two cases challenging the race-conscious admissions policies at its law school and undergraduate programs.
At issue is whether a university can use race as a selection tool for enrollment in order to achieve student diversity.
Although the cases may affect how public employers apply their affirmative action programs, most analysts agree the cases will not touch private sector companies subject to Executive Order 11246.
Under EO 11246, companies use census data to compare their workforce against
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the percentage of women and minorities available in the area they recruit. Good faith goals are then set for recruiting qualified women and minority applicants. All applicants then compete equally based on their qualifications. The most qualified applicant should always be chosen, regardless of race or gender. The emphasis in EO 11246 AAP's is on recruiting qualified women and minorities.
The University of Michigan and some other public sector employers give some applicants "bonus points" based on their race and ethnic background. The emphasis on these public sector AAP's is achieving ( hiring or enrolling) a certain mix of races and ethnicities.
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Private companies complete affirmative action plans pursuant to Executive Order 11246. This executive order is not being reviewed by the US Supreme Court. The decision in these two cases will have narrow application regarding how universities admit students.
Decisions are expected from the high court by the end of June.
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include a page after the Goals Progress report that describes the good faith efforts taken to achieve goals and what changes in these efforts will be made this year.
7. Analyze various segments of the selection process as necessary. Break the selection process down into objective and subjective crite
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ria. Compare objective criteria with qualifications of successful and unsuccessful applicants.
8. Review any data the OFCCP is likely to request. This includes employee handbooks, policies, applications, resumes etc. related to issues under review.
9. Create a list of "good
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things" or accomplishments.
10. Workforce Analysis - look for concentrations of women and minorities in your Workforce Analysis and explain why they exist.
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