(5/2/98 Baltimore AFRO-American Newspaper)
by Congressman Elijah E. Cummings
For the past 34 years, this nation has made gradual progress toward a more just society. With victories in our strive for equality in employment, housing, and education, some of this country's leaders diligently sought to remedy past injustices. We believe these victories would ensure that our children and our children's children would live in a nation of greater opportunity and economic gain. However, a Republican-controlled Congress and a conservative Supreme Court seem eager to reverse the tide of dismantling safeguards that have empowered us to fight racial injustice.
Several recent U.S. Supreme Court rulings coupled with other federal court judgements have begun the slow but sure destruction of affirmative action programs across the country. The justices opened the floodgates in Adarand v. Pena when they decided to require a more stringent justification for the use of affirmative action procedures in federal contracting programs.
Following Adarand, the Congressional Black Caucus successfully led an effort to block legislation to end all federal affirmative action programs. In Hopwood v. Texas, a federal judge ruled that the goal of remedying past discrimination was not enough to justify a law school affirmative action program. In the midst of this ruling, several universities and law schools in California, Texas, Louisiana, and Georgia have challenged their affirmative action programs, and some have been successful in dismantling those initiatives.
In 1996, California passed its Civil Rights Initiative Proposition 209, as an amendment to its state constitution. This measure effectively eliminated state affirmative action in education, contracting and employment. In particular, Proposition 209 destroyed tutoring and mentoring programs for minority and women students; safeguards that encouraged the hiring and promotion of qualified women and minorities; outreach and recruitment programs that encouraged applicants to apply for government jobs and contracts; and programs designed to encourage girls to study and pursue careers in math and science.
As a result of Proposition 209, there was a 17 percent decline in minority applications to California's Medical Schools. Enrollment of previously-preferred groups plummeted by as much as 80 percent at the University of California's Berkeley and UCLA law schools. In fact, in the Fall of 1998, Berkeley enrolled only one African-American student in a class of 270--down from 20 in 1996. UCLA expected to enroll only 10, down from 19 the previous year.
To add fuel to the spreading fire, a 1982 Dade County, Fla. program that set aside contracts for bidding solely by minority-owned firms was ruled unconstitutional after six construction trade associations challenged the plan in 1994. A federal court ruled that the program did not provide enough evidence to support the need for set-asides and other remedies based on race.
Fortunately, Houston, Texas voters rejected an anti-affirmative action initiative known as Proposition A, which would have eliminated a program that awards 20 percent of city contracts to firms owned by women and minorities.
Similar challenges are currently being launched in courts and legislatures throughout this nation. If successful, women and minorities will lose many of the gains in employment, education and business they have carried over the past 30 years. The Congressional Black Caucus has pledged to fight any effort to eliminate affirmative action programs. We will continue to work closely with President Clinton to shape proposed regulations and to ensure enforcement and compliance with existing affirmative action laws. We will show our support for efforts to defeat state legislation and ballot initiatives that attempt to dismantle affirmative action programs.
Discrimination is still a reality in America. Well-known examples of modern day discrimination include the Texaco Oil Company incident, which involved some of its senior officials who were caught on tape disparaging African-American employees; Circuit City's alleged practice of not promoting Black employees; and Denny's refusal to serve African-Americans in its restaurants. Each case has resulted in a large settlement or judgement against the corporations.
In particular, Texaco pledged to increase its minority employees from 23 percent to 29 percent and its women employees from 32 percent to 35 percent by the year 2000. Texaco also promised to begin "diversity training" for all its U.S. employees, to add women and minority employees to human resource committees, and to train minorities for management careers.
These examples add strength to the argument that affirmative action programs still are necessary. It is critical to the future of this country that we foster an honest and open dialogue on race and race relations.
As public policy makers, the 39 members of the Congressional Black Caucus have leadership in developing concrete and comprehensive proposals to end all forms of discrimination.
We must create and environment that fosters hope and provides opportunities for our younger generations.
We, as elected officials, should strive to keep the lines of communication open between ourselves in order to set examples for the generation that follows.
-The Honorable Elijah E. Cummings represents the 7th Congressional District of Maryland in the United States House of Representatives.