NCJ Number
59124
Journal
REVIEW OF BLACK POLITICAL ECONOMY Volume: 6 Dated: (SPRING 1976) Pages: 263-278
Date Published
1976
Length
16 pages
Annotation
THIS ARTICLE ADVOCATES THE BROAD APPLICATION OF AFFIRMATIVE ACTIONS PROGRAMS THAT CAN BE MEASURED BY TANGIBLE RESULTS INCLUDING THE REDISTRIBUTION OF JOBS AND INCOME.
Abstract
THE RECORD OF 30 YEARS OF FAIR EMPLOYMENT PRACTICE LAWS AND EXECUTIVE ORDERS SHOWS THAT THE CONCEPT OF PASSIVE NONDISCRIMINATION IS INADEQUATE AND OBSOLETE. DISCRIMINATION IN EMPLOYMENT IS NOT THE RESULT OF RANDOM ACTS OF BIGOTRY, BUT IS THE CONSEQUENCE OF SYSTEMATIC INSTITUTIONALIZED PATTERNS THAT ARE ESTABLISHED IN SOCIETY. THUS, SWEEPING MEASURES ARE NECESSARY IF RACIAL EMPLOYMENT PATTERNS ARE TO BE FUNDAMENTALLY CHANGED. AFFIRMATIVE ACTION PROGRAMS BASED ON NUMERICAL GOALS AND TIMETABLES ARE AN ESSENTIAL COMPONENT IN ACHIEVING THIS CHANGE. FOLLOWING THE ENACTMENT OF THE CIVIL RIGHTS ACT OF 1964, THERE HAVE BEEN EFFORTS TO ERASE THE VERY MODEST GAINS MADE BY BLACK MEN AND WOMEN. AFFIRMATIVE ACTION PROGRAMS AND RACIAL QUOTAS HAVE BEEN CHARGED WITH CREATING 'REVERSE DISCRIMINATION.' A MAJOR SOURCE OF ORGANIZED OPPOSITION TO AFFIRMATIVE ACTION DEVELOPED IN LITIGATION UNDER THE CIVIL RIGHTS ACT, TITLE VII. LAWSUITS WHICH BASE THEIR CAUSE OF ACTION ON THE EXPLOITATION OF WHITE ETHNIC WORKERS OUGHT NOT TO FORGET THAT THE BLACK POPULATION HAS BEEN THE MOST SYSTEMATICALLY EXPLOITED GROUP IN AMERICAN SOCIETY. THE FEDERAL COURTS HAVE RECOGNIZED THAT EMPLOYMENT DISCRIMINATION IS CLASS DISCRIMINATION, THAT RELIEF MUST GO TO THE CLASS, AND THAT NUMERICAL QUOTAS ARE THE MOST EFFECTIVE MEANS OF RELIEF. THE U.S. SUPREME COURT HAS HELD THAT MATHEMATICAL RACIAL RATIOS COULD BE USED AS THE STARTING PLACE FOR REMEDIES. THE OPERATIONS OF THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ARE DISCUSSED. REFERENCES ARE PROVIDED.