Affirmative Action in Federal Employment: Reconciling Government Policy with Federal Law and the Constitution

摘要

In 1987, the Equal Employment Opportunity Commission (EEOC) released Management Directive 714 (MD 714), 'Instructions for the Development and Submission of Federal Affirmative Employment Multi-Year Program Plans, Annual Accomplishment Reports, and Annual Plan Updates for FY 1988 through FY 1992' MD 714 remains in effect at this time It requires federal agency heads to establish 'affirmative employment programs' (AEP) with agency-wide objectives, ensure all managers are held accountable for the achievement of 'affirmative employment objectives,' and submit timely 'accomplishment reports' and plan updates to the EEOC. Such programs have as their stated aim correcting any 'manifest imbalance or conspicuous absence of minorities and women in AN agency's work force.' In 1995 the Supreme Court decided Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995). The Court in that case determined that federal racial classifications must serve compelling governmental interests. Since Adarand, federal agencies, including the Department of Defense and the Army have continued to comply or attempt to comply with the requirements of MD 714, even though 'affirmative employment' has been widely interpreted to be synonymous with 'affirmative action.' The reporting and planning requirements of 714 have been delegated down as far as the installation level so that AEPs are drafted, enforced, and reported by equal employment opportunity officers throughout the federal government.