The All State

Media Credit: Kasey Henricks Letter of Concern [Click to enlarge]

Media Credit: Kasey Henricks Contact Your Politicians [Click to enlarge]

The following is part three of a three-part editorial series discussing affirmative action in the context of the upcoming election. Part three provides suggestions and solutions in walking towards racial justice, equality and healing.



The color line remains a problem of the 21st century, and affirmative action has problems of its own. It has yet to erace this color line. As evident in part two of the three part series, racial inequality is a nasty reality in the U.S. But together we can fix it. Each one of us can do our part. I urged every reader to pick up a pen and paper and write to U.S. Congressional representatives, U.S. Senators and good ole' George W. Bush himself (See footnote 1). Together, we can walk towards racial justice, equality and healing.

Below I have outlined suggestions and solutions to consider for fixing the broken policy affirmative action. Please take these into consideration as you enter the political process, exercise your democratic right and influence public policy.

Federal level

Supreme Court Justice Sandra Day O'Connor once wrote: "The unhappy persistence of both the practice and the lingering effects of racial discrimination against minority groups in this country is an unfortunate reality, and government is not disqualified from acting in response to it."
In order to correct and reverse state decisions that have dismantled affirmative action, the federal government must address and affirm all affirmative action policy to include a race-conscious clause. This means the president needs to declare an executive order or Congress needs to enact legislation explicitly clarifying that affirmative action must consider race. Problems associated with race can only be fixed if we allow ourselves to see race. We must be color-conscious, not color-blind, if we are to correct past and present discrimination.

Measuring Effectiveness

The effectiveness of affirmative action can be measured only if it has adequate methods of self-evaluation. Currently, affirmative action lacks sufficient ways to gauge its own success and failure. However, any reasonable person can look at who has a job and who goes to school to see certain racial groups are underrepresented while others are overrepresented. Unless you believe in an inherent inferiority of certain racial groups, then it's reasonable to expect representation in education and employment to reflect the available population pool. However, this is rarely the case.

Gross racial disparities, as cited in part two of the three part series, exist in the realms of education and employment. If affirmative action had adequate methods for self-evaluation, such disparities would less likely persist. A sufficient way of self-evaluation would be to compare representation in employment and education to representation in the available population. That is, the composition of the people who work at a job or attend school should reflect the community it serves. In order to know what kind of success or failure rates affirmative action has, outcomes in representation must be taken into account.

Possible solutions to remedy this problem vary. Employers and learning institutions could regularly perform racial discrimination tests and evaluate employment and admission practices. Also, employers and learning institutions can compare its internal racial diversity to the external population. To ensure employers and learning institutions are keeping their end of the deal, the federal government could increase the number of audits performed each year. People are held accountable when others remain in touch and keep up with them. Federal agencies must keep in touch with employers and learning institutions. Otherwise, affirmative action is merely a suggestion because it remains out of touch with those who are required to abide by it.

Effective enforcement

In part, ineffectiveness of affirmative action is due to the inability to uphold and enforce antidiscrimination laws already in effect. Two federal agencies vested with authority to enforce these laws include the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP). However, because of a lack of resources and manpower, these two agencies are rendered incapable of fulfilling their purpose.

Predominantly in the private business sector, the EEOC monitors affirmative action efforts and enforces antidiscrimination laws by evaluating complaints, mediating between involved parties, and filing suits when necessary. At present, the EEOC does not live up to expectations. In "White Racism," sociologists Joe Feagin, Hernán Vera, and Pinar Batur point out: "U.S. government agencies have neither the resources nor the staff to enforce antidiscrimination laws vigorously. Because of underfunding, federal agencies like the EEOC typically have such a large backlog of cases that most victims of discrimination cannot achieve timely remedies through the federal government." In order to get any job done right, you have to have the right resources. The EEOC needs more manpower. At current capacity, it files lawsuits for only one-half of one percent of discrimination claims per year. As reported by Michael Brown et al in "Whitewashing Race," the EEOC receives an average of 59,000 discrimination claims per year, but only files 250 lawsuits per year.

Like the EEOC, the OFCCP monitors and enforces affirmative action. However, this agency oversees contractors who do business with the government. It, too, has its share of problems. In "Affirmative Action," Tim Wise points out the OFCCP "has only enough compliance officers to review about four thousand contractors annually, meaning that, at best, reviews could be done every forty-six years for each company." But affirmative action needs more than one checkup every half a century. As economist Barbara Bergmann's addressed in her book, "In Defense of Affirmative Action," the OFCCP found nearly 75 percent of employers were substantially violating civil rights laws.

At present, federal agencies have little resources or manpower to uphold and enforce any kind of antidiscrimination law. Such evidence suggests the federal government expects affirmative action to be carried out in "good faith." Considering this, the president and Congress have made affirmative action a low priority. Because violators of affirmative action face little to no accountability, racial discrimination and inequality remains unaddressed and could potentially grow worse. Such racial injustice cannot be tolerated. An easy solution to this problem is to equip the EEOC and OFCCP with the necessary tools it needs. Increased funding and staffing would increase the scope of each agency's ability, and therefore its effectiveness. With the proper resources, delivering justice to racial injustice is an obtainable goal.

What it is and what we're going to do

Affirmative action is antidiscrimination law. It provides racial opportunity where there is little to none. It also seeks to end unequal opportunity. Without it, the color line will not be eraced.

Racial inequality and discrimination cannot be tolerated in America, the champion of freedom and democracy. I hold this truth to be self-evident, that all men and women are created equal and endowed with certain inalienable rights. Among these rights is the right to equal opportunity.

If you care about racial justice, equality, and healing speak out. Share sentiments with your representatives and let them know your concerns.

Break the silence.

--

Kasey Henricks is a two time award-winning SouthEast Journalism Conference writer. He currently serves as Editor in Chief and can be reached at jpk.henricks@gmail.com



1. Included with this article (as a thumbnail image at top right of screen) is a sample letter of concern. It outlines suggestions and solutions for fixing affirmative action and is intended to be sent directly to political representatives. This sample letter of concern can be used as a reference or guide for those interested in getting involved in the political process.

Page 1 of 1

Article Tools