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The Affirmative Action Position.
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- Author(s): Behman, Sara1
- Source:
Labor Law Journal. Aug76, Vol. 27 Issue 8, p490-497. 8p.
- Subject Terms:
- Additional Information
- Abstract:
This article focuses on the conflict between seniority provisions in labor-management contracts and national labor policy. The recent recession put in sharp focus the conflict between seniority provisions in labor-management contracts and national labor policy contained in Title VII of the 1964 Civil Rights Act. Specifically, organizations representing minorities and women claim that layoffs under last-hired, first fired seniority provisions negated gains made under Title VII in the late 1960s when employment was expanding. It should be noted that the affirmative action position does not require abolishment of the seniority system as a layoff determinant. Seniority provides an objective criterion in lieu of an ad hoc, subjective method for layoffs. Furthermore, it is an equitable method to give long-service employees job security, a fundamental desire of all workers. Implicit in seniority is the doctrine that the worker need not fear getting older. The human capital literature makes explicit the point that age is an inherent depreciation phenomenon.