One of the most controversial issues in the field of employment law today is that affirmative
action, and whether or not such policies for hiring are morally defensible. Affirmative action also
happens to be an important topic in colleges and universities, where its use in admissions
decisions is hotly contested. In fact, the Trump administration recently declared its intentions to
legally challenge the use of affirmative action in post-secondary admissions settings.Suppose you work for a major hotel chain in a human resources leadership capacity. One day,
your boss asks you to draft a memo for the companys leadership team regarding the propriety
of affirmative action in hiring. The company is concerned that its employee base isnt diverse
enough, and that they risk scrutiny and perhaps even disparate impact discrimination penalties
if their workforce demographics were to ever be audited by the government.Take a stance on the issue of affirmative action, and articulate your opinion to your companys leaders in a professional memo. Although you will be defending one side of this issue (either for or against), be sure to analyze and discuss BOTH sides. Your
submission should include, but is not limited to, thoughts on the following questions:1. What are the arguments in favor of each side?
2. What are the arguments against each side?
3. What relevant case law exists on the subject of affirmative action? Which side does it
favor?
4. What is the EEOCs current position on voluntary workplace affirmative action policies?
5. What other companies in the industry have adopted affirmative action policies? To
which minorities do they give preference?
6. What potential consequences would there be if your companys leaders follow your
advice?
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