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The affirmative action concept became law in 1964 with the enactment of the Civil Rights Act. Title VII mandates equal employment opportunity by —

• prohibiting job discrimination on the basis of race, color, religion, sex, or national origin; and

• establishing an Equal Employment Opportunity Commission (EEOC) to administer the law.

The EEOC is a five-member independent executive agency that is authorized to receive and investigate discrimination complaints filed by individuals and EEOC commissioners, and to remedy any discriminatory practices encountered. If mediation and conciliation fail, the EEOC can file suit against private employers on behalf of the charging party. The Justice Department may file suit against public sector employers.

There are three ways in which allegations of discrimination may come to the EEOC:

(a) Individuals may file complaints.

(b) EEOC Commissioners may file on behalf of an individual.

(c) Class action suits may be filed against both the public and the private sectors.

Penalties that may be imposed include the following:

• Cease and desist orders to stop all hiring.

• Reimbursement of back pay.

• Reinstatement of employees who have been terminated due to discrimination.

• Institutional change in personnel systems.

• Establishment of quota hiring systems.

• Development of affirmative action plans.

• Elimination of artificial barriers to employment that tend to screen out groups protected by Title VII of the Civil Rights Act of 1964.

For employers, recognizing the possibility of bias in selection is the first step toward correcting the problem. Decision makers should make efforts to quantitatively specify the work-related criteria that will be used in the selection process and then make their judgments based solely on these criteria.