70 Human Resources Management for Public and Nonprofi t Organizations
There are three types of involuntarily affi rmative action plans, presented
here in order from least restrictive to most restrictive:Conciliation agreement. After an investigation by a compliance agency,
the employer may acknowledge there is merit to the allegation
of discriminatory employment practices and agree to change its
practices to comply with the recommendations of the compliance
agency.
Consent decree. A consent decree is an agreement between an employer
and a compliance agency negotiated with the approval of a court
and is subject to court enforcement.
Court order. Court orders result if a compliance agency must take an
employer to court because neither a conciliation agreement nor a
consent decree can be agreed on. If the court fi nds the employer
guilty of discrimination, the judge may impose court - ordered
remedies. These can include hiring or promotion quotas, changes
in personnel practices, and fi nancial compensation for the victims
of discrimination.The Rehabilitation Act of 1973
The Rehabilitation Act prohibits discrimination on the basis of physical or
mental disability. A disabled person is defi ned as one who has an impair-
ment that affects a major life activity, has a history of such an impairment,
or is considered as having one. Major life activities refer to functions such
as seeing, speaking, walking, and caring for oneself. Disabled individuals
also include those with mental disabilities and may include those with
illnesses making them unfi t for employment, such as contagious diseases
or other conditions (tuberculosis, heart disease, cancer, diabetes, drug de-
pendency, or alcoholism, for example). The Supreme Court ruled in Arline
v. School Board of Nassau County (1987) that individuals with contagious dis-
eases who are able to perform their jobs are protected by the Rehabilita-
tion Act of 1973. It stated that the assessment of risks cannot be based on
“ society ’ s accumulated myths and fears about disability and disease. ” Most
states have similar laws protecting disabled workers from discrimination.
Section 501 of the Rehabilitation Act requires the federal government,
as an employer, to develop and implement affi rmative action plans on
behalf of disabled employees. Congress enacted this provision with the
expectation that the federal government would serve as a model for other
employers.