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Ad Hoc Affirmative Action

By Michael Starr and Adam J. Heft

In recent years, employers across all industries have increasingly recognized the value of a diverse work force and engaged in a variety of methods, some more well-thought-out than others, to attract and retain employees from diverse backgrounds. These efforts are often motivated by the desire to 'do the right thing.'

But beyond the desire to do good or avoid legal liability for employment discrimination, achieving diversity is also good business. Shareholders and clients are more frequently demanding that an organization's payroll better reflect the make-up of its community. The Equal Employment Opportunity Commission (EEOC) has recognized the link between diversity and corporate achievement, concluding in its report, 'Best Practices of Private Sector Employers,' that for 'the most successful companies … pursuing diversity and equal employment opportunity is just as integral a business concept as increasing market share or maximizing profits.' See www.eeoc.gov/abouteeoc/task_reports/prac2.html.

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