Full question:
For three years the custodian (he) of a school distric has been paid in excess of what the business manager (she) has been paid. Job requirements and abilities of the custodian are not even close to what the business manager must know and be able to perform. In the last year the business manager was given an increase to make apx $1.00 more per hour. Now, (she) the business manager can cut hours during the summer as long as the job gets done She has been employed for ten years and he has been employed for 6 years. Would this be considered an affirmative action issue?
- Category: Employment
- Subcategory: Discrimination
- Date:
- State: Idaho
Answer:
Affirmative action plans are typically adopted voluntarily by public entities. Whether this situation qualifies as an affirmative action issue would depend on the specific policies of the school district and the circumstances involved.
Affirmative action aims to address past discrimination and underrepresentation of certain groups, including women and minorities. While these groups are the primary focus, affirmative action can also relate to other forms of discrimination, such as age or nationality.
Affirmative action can be implemented through quotas, which require a specific percentage of jobs to go to certain groups, or through goals, which encourage good-faith efforts to achieve diversity without strict requirements. It may also involve providing additional support to beneficiaries of the program.
Discrimination based on various factors, including sex and age, is prohibited under several federal laws, such as the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. Employers are required to ensure that employment decisions, including promotions and compensation, are made based on equal opportunity principles.
To prove discrimination, there are generally two types of evidence: direct evidence of discriminatory intent and circumstantial evidence, which may include statistical analysis showing a pattern of discrimination.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.