It increases the pool by using outreach and recruitment programs in underrepresented areas, just one example. I never claimed it did anything regarding the qualifications of the applicants, nor did I claim people don't make their own decisions about applying for jobs/college. Giving a group access to positions that were previously inaccessible does not force them to apply for them. It also does not force anyone to select them for such positions. Quotas are gone.
I guess I'll link this again:
http://www.dol.gov/ofccp/regs/compliance/fs11246.htm#.UO9V-G8708g
Outreach, recruitment, and training efforts increase the pool size by reaching out to underrepresented groups. Opportunity provisions are separate from the selection process. I've yet to find anything in the executive order or the AA requirements that specify selection procedures which are to be followed. The selection process is to be conducted without discrimination. Efforts to increase the pool from which candidates are selected are what's addressed by AA.
They both were included in the pool. If discrimination were present, one would be unjustly excluded from the pool. For example, assume you're a company looking to fill a janitorial position. It's possible to exclude an entire segment of the population from even being able to be in the pool of applicants if you only provide applications in English. Since a janitorial position probably does not require someone to be completely fluent in English, you could increase the pool of applicants by providing applications in other languages. By providing applications in other languages, you do not exclude anyone.
I'm requesting a bit of latitude here, since it would be difficult to present an entire AA program with a key quote. Here are the contents of the pages with corrective actions for problem areas shown by the company's data analysis. I do not see any discrimination present in the corrective actions.
From page 16:
From page 17:
A goal is not a quota. What you saw in the AAP were goals. Quotas are rigid and exclusionary; they imply, "This is what you must achieve, no matter what." Goals are flexible and inclusive; they imply, "This is what we think you can achieve if you try your best." Goals are simply program objectives translated into numbers. They provide a target to strive for and a vehicle for measuring progress.
http://hrweb.berkeley.edu/faq/1660
Then how are you defining "often" without numbers? If you don't like court cases, is there a study to support your position? Something that would lead you to believe that reverse discrimination due to AA occurs "often"? Also, to include cases that happened decades ago is hardly fair, since we're talking about AA's current requirements, which have changed.
I already did, in my first post of the thread.
Fair enough.
Hyperbole is unnecessary. The analogy served to point out the danger in the line of reasoning, not make any claims about the validity of either concept. It does not always follow that poor implementations are due to flawed concepts.