Questions About Affirmative Action

The Maricopa County Community College District vigorously supports the principles of affirmative action and equal employment opportunity. Here are answers to frequently asked questions on affirmative action.

What exactly is affirmative action?

Affirmative action was established in 1965 by Executive Order 11246. It is a system designed to remedy the effects of past prejudices and eliminate current and future discrimination in employment. In applying the doctrine, a contractor ensures that applicants and employees are treated equally-without regard to their race, color, religion, gender, or national origin. To achieve this goal, the contractor develops programs that target underutilized areas. Underutilization is determined by comparing the makeup of the employer's workforce to the availability of qualified applicants in the labor pool from which they recruit. Affirmative action directs outreach, recruitment, and good-faith efforts to these targeted areas.

Does affirmative action require quotas or "set-asides" for minorities and women?

Affirmative action does not require quotas or "set-asides." Rather, where minorities or women are underutilized, hiring or promotional goals are established per the Executive Order requirements.

Is affirmative action still in effect?

One of the most controversial cases heard by the United States Supreme Court in recent history addressed the practice of using race/ethnicity as one of many factors in student admission decisions. Even though the resulting Court determination has no impact on affirmative action in employment, there is the belief that a creative litigant may cite the guiding principles of the Michigan decision for use in hiring and promotional decision-making. Affirmative action, as currently practiced in employment, is the law.

Does MCCCD practice affirmative action in admissions?

Some public colleges and universities consider factors such as race and gender among other criteria in student admissions. But MCCCD has an open-door policy and does not use race or gender as an admissions criterion. While MCCCD's affirmative action plan may highlight college activities and efforts related to the outreach and recruitment of minority and women students, the establishment of goals and timetables is for employees only.

MCCCD students are covered under the nondiscrimination policy. Students who believe they have been subjected to illegal or MCCCD-prohibited discrimination by employees, students, or contractors of MCCCD may have their issues heard under the Discrimination Complaint Procedures for Students. Complaints can be based on race, color, religion, national origin, gender (including pregnancy discrimination and sexual harassment), sexual orientation, age, physical or mental disability, or veteran status.

How does affirmative action affect me in my employment?

When practiced effectively, affirmative action does not negatively impact any applicant or employee within the organization. Affirmative action efforts generally take place during the recruitment activities and are designed to attract qualified candidates from those areas that traditionally have been untapped. In addition, affirmative action requires an organization to continuously review how its employees are progressing, and to identify barriers that adversely affect hiring and promotional opportunities for protected classes.

Isn't affirmative action really reverse discrimination?

The term "reverse discrimination" has been used to suggest that the efforts to practice affirmative action for one group automatically result in discrimination against another. But an affirmative action program that focuses on underutilized areas and eliminates barriers to ensure all applicants have a fair opportunity to compete need not result in reverse discrimination. Moreover, equal employment opportunity laws extend to all persons who believe they have been adversely affected by illegal discrimination on the basis of their race, color, religion, national origin, gender (including pregnancy discrimination and sexual harassment), physical or mental disability, age (over 40), or Vietnam-era/disabled veteran status. MCCCD enhanced its nondiscrimination policy to include sexual orientation.

So, how is MCCCD doing?

Through programs such as the Women's Leadership Group's Mentorship Program and the Faculty in Progress initiative, MCCCD has improved the representation of underutilized groups and is moving toward achieving its goals. There are still pockets of under-representation; but we constantly strive to promote an environment where all qualified applicants feel welcome and respected.

How do I find out more about MCCCD's Affirmative Action Program?

You can obtain additional information on affirmative action, equal employment opportunity, and other related topics by visiting the website: http://www.dist.maricopa.edu/eeo. Or you may call the EEO/AA Office at 480-731-8885.

Published in the Spring 2004 Edition of In Brief