The Legal Environment of Human Resources Management 83
action program, which viewed minority and white applicants for admission
separately, resulting in an unconstitutional quota system. The court ruled
that racial diversity can never be a compelling government interest and that
racial diversity “ may promote improper racial stereotypes, thus fueling
racial hostility. ”
At this time, the Supreme Court has upheld the use of court - ordered
affi rmative action programs designed to eliminate egregious past discrimination
( United States v. Paradise , 1986) and voluntary affi rmative action plans designed
to increase the representation of women and minorities in nontraditional
jobs or in traditionally segregated positions ( Johnson v. Santa Clara Transportation
Agency , 1987; United Steelworkers of America v. Weber , 1979). Voluntary affi rma-
tive action plans are permitted as long as they meet four conditions: (1) the
affi rmative action plan is temporary, (2) it is undertaken to eliminate manifest
racial imbalance, (3) it is for nontraditional jobs or traditionally segregated job
categories, and (4) the plan does not require the discharge of white workers
or create an absolute bar to their advancement.
The Supreme Court has not upheld the use of racial quotas when
race serves as the only criterion for admission to universities and advanced
graduate programs ( Regents of the University of California v. Bakke , 1978) or
when race is used to abrogate seniority systems in layoffs. Hiring and pro-
motional preferences may be permissible to redress past discrimination
but not layoffs ( Firefi ghters Local 1784 v. Stotts , 1984; Wygant v. Jackson Board
of Education , 1986).
The focus on equal employment opportunity and affi rmative action
programs has increased the importance of strategic HRM and planning.
Compliance with equal employment opportunity laws and affi rmative
action regulations is essential to human resources planning and the effective
utilization of all employees. One day affi rmative action programs may
be eliminated, and many of the paperwork requirements for compliance
audits will no longer be necessary. However, organizations will still need
to develop and implement progressive HRM strategies if they wish to
successfully manage a diverse workforce.
Employers must be aware of the legal environment under which
SHRM is implemented. Not only do employers need to be aware of the
laws governing equal employment opportunity, but they must also be aware
of other laws protecting employee rights. Public employers must be careful
not to violate the constitutional rights of their employees. Employers
in both sectors must be aware of whistle - blower protections acts and
employment - at - will exceptions.