Concerning Blacks And Affirmative Action: Equal Employment Opportunity.

Over the past four decades, the Federal Government has demonstrated a growing concern for the rights of minorities, after nearly three quarters of a century of governmental indifference. The courts have led the way, providing substantive civil rights meaning to the broad constitutional mandates of the equal protection clause of the 14th Amendment and the due process clause of the 5th Amendment. The Executive branch followed, through a series of Executive Orders by the last six Presidents, directing Federal departments and agencies to assure against discrimination in their own activities and in the practices of those with whom they deal. Congress was the last of the three branches to act. Since 1957, Congress has enacted five Civil Rights Laws, including the landmark Civil Rights Act of 1964, the Voting Rights Act of 1965, and the fair Housing Law of 1968. Equal employment opportunity is mandated by a host of Federal enactment's, statutes, judicial decisions interpreting the Constitution, and Executive Orders and regulations. Together, these enactment's constitute a comprehensive ban on job discrimination, covering Federal, State and Local jobs and nearly all private employment. Almost any act of discrimination by government or private employer violates some aspect of Federal Law. The remedies available to redress such discrimination, however, vary widely in their scope and efficacy. " Summary, The Federal Civil Rights Enforcement Effort," A Report of the United States Commission on Civil Rights 1971, p. 1, Clearinghouse Publication No. 31, Superintendent of Documents, U.S. Government Printing Office, Washington, DC. Cited hereafter as " Summary "

AN HISTORICAL COMPENDIUM

To understand the casual roots and sustaining conditions of discrimination and disadvantagement that minorities in general, and Blacks in particular, have encountered in America requires a succinct review of American history. What emerges in the conclusion, is that the economic and employment disadvantagement of the Black American is not a single issue, but a composite of interrelated issues.

The Black man is not a recent arrival to American society and cannot be expected to repeat the cycle of assimilation and social mobility which many immigrant groups experienced. The Blackman's exclusion is not a matter of cultural strangeness bred in a foreign land, but rather a product of American society--the decades and centuries of political disfranchisement and de facto segregation.

CONCERNING BLACKS AND AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY

The historical practices of employment discrimination rest not only on the denial of equal employment practices within the American social structure nor the psychological and attitudinal prejudices manifested by the white race and perpetrated on the black race. To view employment inequalities that Black people have experienced as a product of prejudicial attitudes is to fail to recognize that patterns of exclusion are not merely psychological side issues in an otherwise sound social and economic structure. In the context of Blacks and jobs, attitudes are relevant only insofar as they give rise to and sustain inequities in the opportunity structure which affects employment. The strategy which places attitudinal changes as the antecedents of social change neglects the significance of structural barriers limiting the Blackman's access to job opportunities.

The employment problem experienced by many Blacks, must be viewed in several aspects of dimensions:

The context of the urban social milieu

The patterns of residential segregation that typify metropolitan and other urban areas that create an ecological barrier

Deteriorated community and institutional facilities

The educational and skills deficiencies on the part of many Blacks

The escalating rise of unemployment and under employment, especially among blacks

The backdrop of national manpower needs and issues

Current technological advancements which are making sweeping changes in the whole structure of jobs and job opportunities

Thus, the problem of equal employment opportunity can be relegated to an aggregate of issues and conditions which must be addressed and in many instances rectified if Black people are to achieve full parity in the American social, educational and economic system.

EQUAL EMPLOYMENT OPPORTUNITY

The Civil Rights Act of 1964, was the result developments on both the protest and legislative front. However, it should be noted that as far back as the era of the " New Deal " minorities had been protesting the inequities that were prevalent practices in American society.

In 1941, Executive Order 8802, established a Fair Employment Practice Committee and decreed that there should be no discrimination in the

CONCERNING BLACKS AND AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY

Executive Order, 9346 was established to reaffirm the governments attempt at equalizing employment opportunities.

Executive Order 10479, promulgated in 1953, reiterated that the governments' policy was to insure support for all qualified citizens. The committee established under this Executive Order attempted to intensify the fight against discrimination by; clarifying and strengthening the nondiscrimination clause government contracts and further developing the complaint procedure and implementing the procedure for compliance

The most far reaching of all Executive Orders aimed at eliminating discrimination in employment was Executive Order 10925, issued in 1961 which established the Equal Employment Opportunity Committee. The aims and intentions of the order did not differ significantly in substance from previous orders, but it did however, represent a milestone in executive administrative action. The new order provided for specified sanctions to be levied in the event of non-compliance by a firm doing business with the Government , and changed the committee to use the tools that were available to its predecessors, but never used by them.

These tools levied upon the committee included the authority to; cancel government contracts to employers who practiced discrimination; the power to block future contracts due to non-compliance; the power to assume jurisdiction over any complaint filed with a constricting agency with the Government, as well as any cases pending; to initiate inquiries or direct investigations.

Under this new mandate, emphasis was placed primarily upon the realization that continued discrimination in employment is a violation of basic individual rights and interferes with the effective utilization of nation's manpower resources. Title VII of the 1964 Civil Rights Act, provided for pragmatic coverage and applicability to equalizing employment opportunities beyond the federal and federally contracted employment sector.

Title VII states, categorically, that; employment discrimination is prohibited by employers with 25 or more employees, labor unions with 25 or more members or those which operate hiring halls, and employment agencies which regularly obtain employees for an employer covered by the title.

Other important prohibitions of the Act include;

It is an unlawful employment practice for an employment agency to classify an individual, or to fail or refuse to refer him for employment, or otherwise discriminate against him on the basis of race, color, religion, sex, or national origin.

It is an unlawful employment practice for a labor organization to exclude a person from its membership or to discriminate among its members in any way, or to attempt to persuade an employer to discriminate on the basis of race, color, religion, sex, or national origin.

CONCERNING BLACKS AND AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY

Discrimination on the ground of race, color, religion, sex, or national origin in admission to or employment in any apprenticeship or other training program, including on-the-job training, is prohibited.

Recrimination for opposing unfair employment practices or for instigating or testifying in any proceeding brought under the title are prohibited.

On the other hand the Act provides that it is not unlawful employment practices

To employ an individual on the basis of his religion, sex, national origin when one of those is a bona fide occupational qualification reasonably necessary to the normal operation of a particular establishment.

For an educational institution owned, supported, controlled or managed by a religious organization, or one whose curriculum is directed toward the propagation of a particular religion, to hire and employ persons of that religion in any of its activities.
To apply different conditions of employment, including compensation, based on a bona fide seniority or merit system, piece work, or job location system, so long as the differences do not result from an intentional act of discrimination because of race, color, sex, religion, or national origin.

To act upon the results of a professionally developed ability test so long as the test is not designed to discriminate because of race, color, religion, sex. or national origin.

The passage of civil rights bills and executive orders are only law a which create an environment for the changes that are needed before full and equal employment can be made a reality to Blacks and other minorities. Although the " legal " right to equal employment opportunity is broadly protected, one of the major means for securing it
" in fact " through enforcement and penalized non-compliance is lacking.

To this end, one of the most interesting programs in the field of civil rights was initiated by the Vice President, Lyndon B. Johnson during the early part of the Kennedy Administration. The " Plans for Progress " was a program which called for commitment on the part of major companies, unions, and other organized labor firms to take voluntary action in compliance with the new civil rights acts, and to recruit, hire, promote, pay, and train persons who had here to fore been denied equal access to employment. Meaning, Blacks, Spanish surnamed, and women. This program was a catalyst for the program we commonly call today " Affirmative Action ." Affirmative Action is a program

CONCERNING BLACKS AND AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY

designed to serve as a low key enforcement mechanism, whereby employees more or less validate their efforts to comply with the laws and
executive orders concerning equal employment opportunities for minorities.

Affirmative Action is a program geared to act as a check and balance system in the personnel functions of a organization. As such, it monitors the companies in their efforts to fulfill the requirements stipulated by law, that is, not to deny employment, or employment opportunities to an individual based on race, color, sex, religion, or national origin. Affirmative Action, through the National Labor Relations Act, has extended its coverage and applicability to include not only, employers, but also employee labor unions. Employee unions are obligated to act fairly, impartially and without discrimination in membership solicitation and employee representation.

The Office of Contract Compliance (OFCC) has responsibility for coordinating and overseeing the entire Federal Contract Compliance Program. Recently, the OFCC has issued directives defining affirmative action requirements to its contractors. Although affirmative action programs have been established by a majority of business in America, more efforts should be focused on enforcement and amelioration of discriminatory employment practices.

Generally, civil rights laws have been most successful in dealing with practices that do not require complex institutional change. The desegregation of the public accommodations, hospitals, and other facilities required basic, but simple changes in conduct, and was accomplished without massive opposition or Federal enforcement. In fields where complex institutional change is required, and there has been little direct intervention in the part of the Federal Government, progress has been slow in coming and in some instances it can barely be discerned.

In the employment field, elimination of discriminatory practices to facilitate full participation of minority group members in the Nation's economic mainstream has proved to be a complex process. Minorities are still grossly under-represented in the higher eschleon salary brackets. Minorities are hired and locked into closed-end jobs with little hope of achieving any substantial growth or advancement. They are hired, promoted, and paid on a scale that is bipartisan in scope and nature, and which acts as a deterrent to their full participation in the nation's economic system.

Affirmative Action programs although resolute in intent, have not proved themselves as resolutions to the problems that Blacks cuttingly encounter when seeking employment, promotions or other forms of remuneration. Affirmative action implies change and impacts upon the values and beliefs of the controlling minority which includes policy makers who have the basic responsibility for the integration of such change.

CONCERNING BLACKS AND AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY

If affirmative action programs are to remain viable and achieve their goals, that is the amelioration of discrimination in employment and advance the rights of all citizens to equal opportunity, a unilateral approach consisting of substantive and coherent changes must be applied with a conatus effort in the part of all parties concerned. Included in this effort are the following recommendations:

That Affirmative Action programs be relegated to a higher status within the corporate structure and administered by top management officials.

That the Federal government lend assistance in developing affirmative action programs and guidelines of sufficient breadth and specificity that it will lend itself to a more uniform application in setting priorities and policies toward the achievement of specified goals.

All affirmative action programs goals and guidelines should specifically delineate the steps and procedures by which the goals will be measured and completed.

These should include: a time table for achievement; the way in which the program will be geared; compliance and enforcement mechanisms spelled out in terms of their utilization and interim evaluation dates and revision policies relevant effort should be made on the part of educational institutions to ensure " Quality " education for residents of he inner-city.

Career development and career path programs should be a built-in component of the affirmative action program.

Career planning should be initiated at every level of employment.

Minorities should be actively recruited into training and development programs sponsored by the organization.

Affirmative action policies and goals should under go interim evaluation by the organization and necessary revisions made.

There should not be any " Quota " systems set in terms of the number of minorities hired, promoted, or given additional training.

A measurable merit system based solely on job performance abilities or potential should be utilized in the selection training and hiring of minorities, based on organizational manpower needs.

The stability and effectiveness of the Equal Employment Opportunity Commission could be greatly enhanced by the elimination of some fundamental weaknesses and inadequacies in civil rights compliance, thereby making affirmative action programs burgeoning catalyst in the elimination of discrimination and discriminatory practices in other areas. Some of these fundamental weaknesses are:

CONCERNING BLACKS AND AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY

Inadequate staff and other resources to conduct civil rights enforcement
activities with maximum effectiveness.

Lack of authority and subordinate status of agency civil rights officials.

Failure to define civil rights goals with sufficient specificity or breadth.

Failure to coordinate civil rights and substantive programs.

Undue emphasis on voluntary compliance and failure to make sufficient use of available sanctions to enforce civil rights laws.

Failure to provide adequate coordination and direction to agencies having common civil rights responsibilities.

Failure to collect and utilize racial and ethnic data in planning and evaluating progress toward goals.

Major efforts have been made to eliminate the injust and unfair practice of discrimination. To date full realizations of these efforts are negligible. As our society marches into the twenty first century, it regretfully carries with it, some of the archaic beliefs and practices for which we as a nation, condemn other nations for. Through conjecture, prejudice and real or imaged threats, a valuable resource to our nation , human resources, has been systematically and consistently shut out.

Armed with an areas of laws, orders, and mandates, the Government has failed to make a major impact or developed a mechanism whereby, it can secure the rights of liberty, justice and equality to a portion of its citizens. America cannot be left to blunder into the future, and attack with iconoclastic views the world of those around her. In acknowledging and even advancing the rights of its " minorities, " America will be securing " its own rights."

The problems of hostile bureaucracies that view civil rights as a threat to their own programs and prerogative coupled with the problems of inadequate or misordered priorities, cannot be solved through mandatory sanctions or harsh enforcement mechanisms. The problem of discrimination lies deep within our social structure. It has its foundation in the very core of society and is treated as an embellishment for others to pattern after.

Equal employment and affirmative action programs are just small beginnings through which the compliance of and initiation of other efforts with a similar purpose can help to impede our rush toward economic and social genocide.