NCJ Number
94105
Journal
Criminal Law Bulletin Volume: 20 Issue: 3 Dated: (May-June 1984) Pages: 245-254
Date Published
1984
Length
10 pages
Annotation
This paper presents components of a constitutionally acceptable affirmative action program for a police department, covering factors to consider in designing a plan, methods of implementation, and both legal and practical considerations.
Abstract
Although courts have not provided any clear interpretation of Federal affirmative action principles, the Supreme Court has consistently approved affirmative action ideals. The police administrator must consider five factors when developing or improving a plan: voluntary adoption of a quota or goal, analysis of differing standards for affirmative action in hiring and promotion, careful adherence to Equal Employment Opportunity Commission guidelines, promulgation of the affirmative action plan by a competent or politically responsible public agency, and an explicit statement of the compelling State interest to be served. Affirmative action ideals can be implemented through court-ordered quota, voluntary quota system, and voluntary preferential hiring. A survey of legal doctrines from the 14th amendment, Title VII of the 1964 Civil Rights Act, and the Bakke case shows a preferential program is legal if it uses goals. If it uses quotas, it will be legal if a compelling State interest or a rational basis exists that justifies the 'reverse discrimination.' The interest may involve police departmental operational needs or a finding of past discrimination. While a goal system does not raise touchy political issues associated with a quota system, it is more easily ignored and might not be as effective in maintaining steady progress toward integration. Practical issues that the police administrator must address include developing affirmative action standards for police promotion, gathering statistical data to demonstrate the need for affirmative action, and dealing with legislatures. The paper provides 23 footnotes.