Chapter 7 examines the belief by some that affirmative action amounts to reverse racism and reverse sexism. The distinction between affirmative action and equal opportunity is described, as is the common belief that affirmative action involves quotas (quotas are illegal). Practices that undermine meritocracy in both college admissions and in employment are explored. These practices include legacy admissions, donors, and, in the context of employment, biases in job selection. Chapter 7 makes the case for the need of affirmative action because subtle forms of bias infiltrate all aspects of employment. The chapter critically examines the argument that diversity benefits organizations. The chapter ends with a discussion of goal-oriented versus process-oriented affirmative action plans, and other strategies to reduce bias in admissions and employment.

Higher education is an industry highly impacted by systemic racism. Previous research has revealed a persistent trend of underrepresentation and low academic status of African-American faculty members in many US colleges and universities. A lack of diversity, promotions, and scholarships are often hidden by the success of African-American faculty members receiving tenure, or promotions to dean or University president. Research statistics indicate persistent obstacles to recruitment and retention, though there is also acknowledgement of some success. Bell’s Critical Race Theory (CRT) is used to emphasize how systemic racism has allowed the culture of college campuses to discriminate against qualified minority candidates.

The changing nature of work offers both opportunities and challenges for organizations. Among those challenges are issues related to maintaining compliance with labor and employment legal obligations. As work, and the workforce, changes, traditional strategies for maintaining compliance may no longer meet organizational needs and legal requirements. In this chapter, we highlight several areas in which the changing nature of work, the workforce, and the legal landscape may pose legal challenges for organizations going forward. We focus on four primary areas: (1) the classification of workers as “employees” versus “independent contractors,” (2) the occurrence of off-the-clock work, (3) pay equity, and (4) applications of big data for solving human capital problems. The chapter provides a brief background of the relevant legal standards, after which we address each of the four topic areas.