Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘affirmative action’

Trump’s Bid to Pit Black and Brown Workers Against Each Other

Monday, August 7th, 2017

President Trump has resurrected an old canard in his effort to sell a new effort to restrict immigration into the United States. The legislation he backs, he said at a White House ceremony, was necessary in part to protect “minority workers competing for jobs against brand-new arrivals” under the current immigration system.

This theme is a hardy perennial in right-wing media and think-tank reports, often featuring members of a small but persistent cadre of conservative black people willing to be the face of the pernicious idea that in order to boost the fortunes of African Americans, we have to keep new immigrants out of the country.

This notion keeps getting debunked, but Trump trotted it out anyway as his administration launches key assaults against the core concerns of African-American people.

This comes the same week as news reports that the Justice Department is gearing up a new assault on affirmative action programs at colleges, based on the lie that these programs discriminate against white and Asian college applicants.

Career civil-rights lawyers in the Justice Department are so aghast at the idea that their agency’s efforts are being redirected from addressing the continuing effects of structural racism that Attorney General Jeff Sessions plans to use political appointees and outside lawyers to lead the effort.

Remember that this pronouncement also is in the shadow of a speech Trump gave before police officers in Long Island, New York, in which he encouraged police officers to rough up criminal suspects.

“[W]hen you see these thugs being thrown into the back of a paddy wagon — you just see them thrown in, rough — I said, please don’t be too nice,” Trump told the assembly of law enforcement officers.

Even people in his own administration denounced the speech as inappropriate, as did prominent police chiefs. Later, White House press secretary Sarah Huckabee Sanders dismissed Trump’s comment as a joke.

But in African-American communities around the country, where the drumbeat of stories of police officers using clearly unwarranted deadly force against African Americans continues to reverberate, no one was laughing.

Vice senior editor Wilbert Cooper convincingly took on the black-people-harmed-by-immigration myth in a 2016 essay. Not only is it false that immigration of lower-skilled people harms African-American employment prospects, he wrote that “counter to what Trump and others contend, there’s evidence that immigration can actually help low-skilled blacks get back to work.”

Denver University economist Jack Strauss analyzed a wide breadth of data from metropolitan areas across the US in 2013 to determine whether blacks in particular lose out when it comes to immigration. He found there to be a “one-way causation from increased immigration including Latinos to higher black wages and lower poverty.” In other words, immigration is good for black workers. According to Strauss’s summary of his findings, a “1 percent rise in Latino immigration contributes to a 1.4 percent increase in employment rates among African Americans,” and “for every 1 percent increase in a city’s share of Latinos, African median and mean wages increase by 3 percent.”

The reality is, as Cooper writes, cities like Cleveland and Detroit are working to attract immigrants, because of the impact immigrants have on the overall economic vitality of the communities they make their home.

Jobs Tell The Story

On Friday, the federal government will release an updated picture of the nation’s employment situation. The previous report, covering June, showed that the nation’s unemployment rate was 4.4 percent, and African-American unemployment was 7.1 percent, down significantly from 8.8 percent in June 2016.

The significant decrease in black unemployment is in itself a direct rebuke to the idea that drastic measures to restrict immigration are necessary to lower unemployment rates in African-American communities.

What that progress affirms that economic growth combined with economic justice and fairness is essential to closing the gaps between black, brown and white employment prospects.

What The Nation Needs

What the nation needs is not an assault on immigration, but an assault on the effects of structural racism and economic inequality. Instead of dismantling affirmative action, we need investments in schooling for African-American children that start at preschool – and before.

We need to reinvest in communities that have been left behind by the free-market idolatry of too many state governments and, now, the federal government itself. We need every worker to have a living wage and access to affordable housing.

Above all, we need to end the assaults on the fundamental dignity of African-American people – from the coded reference to “thugs” who need to be roughed up by police to the active exalting by White House officials of the nostrums of white nationalism.

Thanks but no thanks, President Trump. The overwhelming majority of African Americans don’t want your faux paternalism at the expense of our immigrant brothers and sisters.

This blog was originally published at OurFuture.org on August 3, 2017. Reprinted with permission.

About the Author: Isaiah J. Poole is communications director of People’s Action, and has been the editor of OurFuture.org since 2007. Previously he worked for 25 years in mainstream media, most recently at Congressional Quarterly, where he covered congressional leadership and tracked major bills through Congress. Most of his journalism experience has been in Washington as both a reporter and an editor on topics ranging from presidential politics to pop culture. His work has put him at the front lines of ideological battles between progressives and conservatives. He also served as a founding member of the Washington Association of Black Journalists and the National Lesbian and Gay Journalists Association.

Affirmative Action Ban in State Constitution Violates US Constitution (8-7)

Wednesday, November 21st, 2012

Michigan voters adopted a state constitutional amendment that prohibits “all sex- and race-based preferences in public education, public employment, and public contracting.”

The 6th Circuit (8-7) held this provision – as it relates to education – violates the 14th amendment’s equal protection clause.

Coalition to Defend Affirmative Action v. Univ of Michigan (6th Cir 11/15/2012)

(Plaintiffs limited their challenge to racial discrimination in public education.)

The court said that a black applicant could seek adoption of a constitutionally permissible race-conscious admissions policy only through the “lengthy, expensive, and arduous process” of amending the state constitution. On the other hand, someone wishing to change any other aspect of a university’s admissions policy has four options – lobby the admissions committee, petition the leadership of the university, seek to influence the school’s governing board, or initiate a statewide campaign to alter the state’s constitution.

“The existence of such a comparative structural burden undermines the Equal Protection Clause’s guarantee that all citizens ought to have equal access to the tools of political change.”

Seven judges wrote five DISSENTING opinions. Six said that the majority relied on two US Supreme Court cases that “have no application here,” and one said that the majority relied on “an extreme extension” of those cases. The cases are Hunter v. Erickson, 393 US 385 (1969), and Washington v. Seattle Sch Dist, 458 US 457 (1982).

This post was originally posted on Law Memo on November 16, 2012. Reprinted with permission.

About the Author: Ross Runkel is Professor of Law Emeritus at Willamette University College of Law. He has spent 35 years specializing in employment law, employment discrimination, labor law, and arbitration.

Your Rights Job Survival The Issues Features Resources About This Blog