Monday, February 9, 2009
OFCCP Posts Detailed Year by Year Accomplishments
Hailing the accomplishments of the Bush Administration, the Office of Federal Contract Compliance Programs (OFCCP) at the U.S. Department of Labor has posted a list of Year by Year accomplishments on its website. http://www.dol.gov/esa/ofccp/regs/compliance/detailed_accomp.html This list highlights regulatory and policy accomplishments as well as financial settlements obtained through its compliance activities. Among its reported achievements are the Active Case Management System, eliminating the equal opportunity survey and its focus on systemic discrimination.
Thursday, February 5, 2009
Report from Leadership Conference on Civil Rights on Key EO Updates
State Updates
Nebraska (NE)
On January 22, Lancaster County District Judge Karen Flowers ruled that Nebraskans United had not presented sufficient evidence around the claims of fraud, misinterpretation, or deception, in the petition-gathering process. For a variety of reasons, including resources, Nebraskans United decided not to appeal the ruling to the state Supreme Court. The state and its agencies began implementation of Initiative 424 in December, once the Governor issued a proclamation for compliance around the initiative. The higher education community has been vocal in their support of equal opportunity. We expect they will continue to do so, in compliance with state and federal law. See the following link for more information: http://www.nptelegraph.com/articles/2009/01/23/news/state/60001913.txt
On a related note, we wanted to bring to your attention two pieces of legislation that have been introduced in the state legislature:
- On January 22, State Senator Brenda Council introduced LB440, which proposes revisions to the Student Diversity Scholarship Program. In compliance with state and federal law, the bill proposes changes to the diversity criteria. The bill reiterates the state’s compelling interest to provide access to higher education for students from diverse backgrounds, who may also have financial challenges. We will keep you posted as we learn more. See the following link for the text of the bill: http://uniweb.legislature.ne.gov/FloorDocs/Current/PDF/Intro/LB440.pdf
- On January 21, State Senator Kent Rogert introduced LB575, which proposes that questionable practices regarding petition drives be resolved before voters consider an issue. See the following link for the text of the bill: http://uniweb.legislature.ne.gov/FloorDocs/Current/PDF/Intro/LB575.pdf
Missouri (MO)
Late last year, Ward Connerly and local ally Tim Asher proposed for the 2010 ballot, language for an initiative that would ban equal opportunity in public higher education, employment, and contracting. In December, Secretary of State Robin Carnahan approved the proposed initiative for circulation and proposed modified wording to include the term “affirmative action.” Connerly, Tim Asher, and the MO Civil Rights Initiative (MOCRI) along with the ACLU, and the ACLU of Eastern Missouri, have filed separate lawsuits against the Secretary of State’s office challenging the language. Connerly and his allies have until May 2, 2010 to submit the requisite number of signatures. Please contact Reggie Shuford, ACLU (rshuford@aclu.org), with any questions. Also, see the following links for more information:
http://www.sos.mo.gov/news.asp?id=765
http://www.aclu.org/racialjustice/aa/38152prs20081219.html?s_src=RSS
http://www.stlamerican.com/articles/2008/12/25/news/local_news/localnews02.txt
California (CA)
Assembly bill ACA 7 has been introduced by Assemblyman Ed Hernandez proposing to amend the provisions of Proposition 209 under the California Constitution to allow higher education institutions to conduct outreach to specific minority populations. The goal is for the legislature to pass the bill and then refer it to the ballot for the popular vote. The bill is in the preliminary stage of bill introduction, and as a result, discussions are taking place focused on the language of the bill. Please contact Sara Jackson, Equal Justice Society (sjackson@equaljusticesociety.org) with any questions about the bill or Impact 209 coalition discussions. Also, for more information, see the attached fact sheet and the text of the bill.
Ricci Supreme Court Case
The U.S. Supreme Court has granted cert to Ricci v. DeStefano, 07-1428, and Ricci v. DeStefano, 08-328, a lawsuit alleging racial discrimination against the City of New Haven, CT, which was filed by 20 white and Hispanic firefighters in New Haven. The issue at hand is the city government’s 2003 decision to throw out the results of a civil-service test for firefighters because no black, and few Hispanic firefighters, had scored well enough to qualify for promotions. The City and the two lower courts, agreed that the test had a disparate impact on minorities. The city is receiving pro-bono support from WilmerHale and the NAACP LDF is coordinating the amici strategy.
LCCR/LCCREF will work with the NAACP LDF to schedule a conference call during which this case, and amici strategy, can be discussed in greater detail with interested organizations. Please contact Mathew Colangelo, NAACP LDF (mcolangelo@naacpldf.org; 212-965-2268) if you have any questions about the amici strategy. Also, see the following link for more information: http://www.nhregister.com/articles/2008/11/10/news/new_haven/a1_mon_nesupremes.txt
Please feel free to contact me or Ellen Buchman (buchman@civilrights.org) with any questions.
Nebraska (NE)
On January 22, Lancaster County District Judge Karen Flowers ruled that Nebraskans United had not presented sufficient evidence around the claims of fraud, misinterpretation, or deception, in the petition-gathering process. For a variety of reasons, including resources, Nebraskans United decided not to appeal the ruling to the state Supreme Court. The state and its agencies began implementation of Initiative 424 in December, once the Governor issued a proclamation for compliance around the initiative. The higher education community has been vocal in their support of equal opportunity. We expect they will continue to do so, in compliance with state and federal law. See the following link for more information: http://www.nptelegraph.com/articles/2009/01/23/news/state/60001913.txt
On a related note, we wanted to bring to your attention two pieces of legislation that have been introduced in the state legislature:
- On January 22, State Senator Brenda Council introduced LB440, which proposes revisions to the Student Diversity Scholarship Program. In compliance with state and federal law, the bill proposes changes to the diversity criteria. The bill reiterates the state’s compelling interest to provide access to higher education for students from diverse backgrounds, who may also have financial challenges. We will keep you posted as we learn more. See the following link for the text of the bill: http://uniweb.legislature.ne.gov/FloorDocs/Current/PDF/Intro/LB440.pdf
- On January 21, State Senator Kent Rogert introduced LB575, which proposes that questionable practices regarding petition drives be resolved before voters consider an issue. See the following link for the text of the bill: http://uniweb.legislature.ne.gov/FloorDocs/Current/PDF/Intro/LB575.pdf
Missouri (MO)
Late last year, Ward Connerly and local ally Tim Asher proposed for the 2010 ballot, language for an initiative that would ban equal opportunity in public higher education, employment, and contracting. In December, Secretary of State Robin Carnahan approved the proposed initiative for circulation and proposed modified wording to include the term “affirmative action.” Connerly, Tim Asher, and the MO Civil Rights Initiative (MOCRI) along with the ACLU, and the ACLU of Eastern Missouri, have filed separate lawsuits against the Secretary of State’s office challenging the language. Connerly and his allies have until May 2, 2010 to submit the requisite number of signatures. Please contact Reggie Shuford, ACLU (rshuford@aclu.org), with any questions. Also, see the following links for more information:
http://www.sos.mo.gov/news.asp?id=765
http://www.aclu.org/racialjustice/aa/38152prs20081219.html?s_src=RSS
http://www.stlamerican.com/articles/2008/12/25/news/local_news/localnews02.txt
California (CA)
Assembly bill ACA 7 has been introduced by Assemblyman Ed Hernandez proposing to amend the provisions of Proposition 209 under the California Constitution to allow higher education institutions to conduct outreach to specific minority populations. The goal is for the legislature to pass the bill and then refer it to the ballot for the popular vote. The bill is in the preliminary stage of bill introduction, and as a result, discussions are taking place focused on the language of the bill. Please contact Sara Jackson, Equal Justice Society (sjackson@equaljusticesociety.org) with any questions about the bill or Impact 209 coalition discussions. Also, for more information, see the attached fact sheet and the text of the bill.
Ricci Supreme Court Case
The U.S. Supreme Court has granted cert to Ricci v. DeStefano, 07-1428, and Ricci v. DeStefano, 08-328, a lawsuit alleging racial discrimination against the City of New Haven, CT, which was filed by 20 white and Hispanic firefighters in New Haven. The issue at hand is the city government’s 2003 decision to throw out the results of a civil-service test for firefighters because no black, and few Hispanic firefighters, had scored well enough to qualify for promotions. The City and the two lower courts, agreed that the test had a disparate impact on minorities. The city is receiving pro-bono support from WilmerHale and the NAACP LDF is coordinating the amici strategy.
LCCR/LCCREF will work with the NAACP LDF to schedule a conference call during which this case, and amici strategy, can be discussed in greater detail with interested organizations. Please contact Mathew Colangelo, NAACP LDF (mcolangelo@naacpldf.org; 212-965-2268) if you have any questions about the amici strategy. Also, see the following link for more information: http://www.nhregister.com/articles/2008/11/10/news/new_haven/a1_mon_nesupremes.txt
Please feel free to contact me or Ellen Buchman (buchman@civilrights.org) with any questions.
Unintentional Whitening of U. of California?
Inside Higher Ed
Feb. 5
For several years now, the University of California has been debating plans to drop the SAT Subject Tests (formerly called the SAT II or achievement tests) and to find ways to consider more minority applicants. The debate has focused on the relative merits (or lack thereof) of the SAT and how to promote diversity while not violating the state’s ban on affirmative action.
In the past few days, however, a new issue has started to attract attention: concerns that the admissions policy changes that are expected to be approved by the Board of Regents today could lead to a significant drop in the numbers of Asian-American applicants who are admitted — with the major gains going to white applicants.
According to data prepared by the university and just starting to receive attention, 36 percent of those admitted to the university system in 2007-8 were Asian Americans. Applying the new admissions standards, that percentage would drop to 29-32 percent. In contrast, white applicants made up 34 percent of those admitted in 2007-8. Under the proposed reforms, they would have made up 41 to 44 percent of the entering class. The bottom line is that Asian Americans would shift from being the largest group gaining admission to the University of California to the second.
Some Asian American groups are calling on the Board of Regents to hold off on any vote today, raising questions about the fairness and wisdom of the changes being considered. (A board subcommittee approved the plan Wednesday, unanimously.)
“All of us share the goal of trying to preserve excellence as well as to promote diversity. But the gains for Latinos and African Americans in these projections are very small, while the decreases for Asian Americans and the gains for whites are quite large,” said Vincent Pan, president of Chinese for Affirmative Action, a national group based in California. “There’s almost a swapping out of Asian students for white students. Let’s not rush this thing.”
But university leaders are playing down the demographic projections and defending the admissions plan, which emerged from the Academic Senate, a system-wide faculty group. Mark G. Yudof, president of the university, said in a statement of the proposal: “It also sends a clear message to California high school students that if they work hard, take challenging courses and do well, they will get to make their case for admission to UC.” The university system has been praised by faculty and student groups for the planned shift.
Full Story: http://www.insidehighered.com/news/2009/02/05/uc
Feb. 5
For several years now, the University of California has been debating plans to drop the SAT Subject Tests (formerly called the SAT II or achievement tests) and to find ways to consider more minority applicants. The debate has focused on the relative merits (or lack thereof) of the SAT and how to promote diversity while not violating the state’s ban on affirmative action.
In the past few days, however, a new issue has started to attract attention: concerns that the admissions policy changes that are expected to be approved by the Board of Regents today could lead to a significant drop in the numbers of Asian-American applicants who are admitted — with the major gains going to white applicants.
According to data prepared by the university and just starting to receive attention, 36 percent of those admitted to the university system in 2007-8 were Asian Americans. Applying the new admissions standards, that percentage would drop to 29-32 percent. In contrast, white applicants made up 34 percent of those admitted in 2007-8. Under the proposed reforms, they would have made up 41 to 44 percent of the entering class. The bottom line is that Asian Americans would shift from being the largest group gaining admission to the University of California to the second.
Some Asian American groups are calling on the Board of Regents to hold off on any vote today, raising questions about the fairness and wisdom of the changes being considered. (A board subcommittee approved the plan Wednesday, unanimously.)
“All of us share the goal of trying to preserve excellence as well as to promote diversity. But the gains for Latinos and African Americans in these projections are very small, while the decreases for Asian Americans and the gains for whites are quite large,” said Vincent Pan, president of Chinese for Affirmative Action, a national group based in California. “There’s almost a swapping out of Asian students for white students. Let’s not rush this thing.”
But university leaders are playing down the demographic projections and defending the admissions plan, which emerged from the Academic Senate, a system-wide faculty group. Mark G. Yudof, president of the university, said in a statement of the proposal: “It also sends a clear message to California high school students that if they work hard, take challenging courses and do well, they will get to make their case for admission to UC.” The university system has been praised by faculty and student groups for the planned shift.
Full Story: http://www.insidehighered.com/news/2009/02/05/uc
Steele Chairs RNC; Don't Call it Affirmative Action
National Public Radio
John Ridley's "Visible Man"
February 5, 2009
Republicans can be a funny bunch. They're against affirmative action, but they always seem to be able to find people of color to fill a slot just when they're most needed.
After Thurgood Marshall stepped down from the Supreme Court, President Bush (the first) was luckily able to find Clarence Thomas right there at the top of the waiting list to replace him. When Barack Obama looked like he would sail into his Senate seat in 2004, Republicans airlifted in Alan Keyes to run against him.
And now that the nation overwhelmingly voted Obama into the White House, the Republican National Committee has elected its first black American — Michael Steele — as its chairman.
The RNC held what was perhaps its least diverse national convention ever in 2008. The knee-jerk reaction to Steele's election might be to label the move as a desperate affirmative action-type response to Obama, the shifting demographics of America and, as Senate Republican leader Mitch McConnell says, the potential that Republicans will become nothing but a regional party.
Hardly.
Full Commentary: http://www.npr.org/blogs/visibleman/2009/02/steele_elected_rnc_chair_dont_1.html
John Ridley's "Visible Man"
February 5, 2009
Republicans can be a funny bunch. They're against affirmative action, but they always seem to be able to find people of color to fill a slot just when they're most needed.
After Thurgood Marshall stepped down from the Supreme Court, President Bush (the first) was luckily able to find Clarence Thomas right there at the top of the waiting list to replace him. When Barack Obama looked like he would sail into his Senate seat in 2004, Republicans airlifted in Alan Keyes to run against him.
And now that the nation overwhelmingly voted Obama into the White House, the Republican National Committee has elected its first black American — Michael Steele — as its chairman.
The RNC held what was perhaps its least diverse national convention ever in 2008. The knee-jerk reaction to Steele's election might be to label the move as a desperate affirmative action-type response to Obama, the shifting demographics of America and, as Senate Republican leader Mitch McConnell says, the potential that Republicans will become nothing but a regional party.
Hardly.
Full Commentary: http://www.npr.org/blogs/visibleman/2009/02/steele_elected_rnc_chair_dont_1.html
Education Secretary Announces Assistant Secretary for Civil Rights
U.S. Department of Education
FOR RELEASE:
WASHINGTON-Education Secretary Arne Duncan today praised President Barack Obama's intent to nominate Russlynn Ali as the assistant secretary for civil rights at the Department of Education.
Duncan said, "Russlynn brings passion for, expertise in and dedication to equality and fairness in education, and her tireless work and commitment have changed the lives of low-income students from across the nation. I very much look forward to working with her."
Russlynn Ali is vice president of the Education Trust and founding director of the Education Trust-West, the West Coast partner of EdTrust. The Education Trust organizations work to promote high academic achievement for all students at all levels, with an emphasis on serving Latino, African American, Native American and low-income students. Ali has held senior positions at several other education-related organizations, including liaison to the president of the Children's Defense Fund in Washington, D.C.; chief of staff to the president of the Los Angeles Unified School District Board of Education; and deputy co-director of Advancement Project. Ali attended Spelman College and graduated from American University with a bachelor's degree in law and society. She also holds a law degree from Northwestern University School of Law. Ali practiced corporate and civil rights law and served as an adjunct faculty member at the University of Southern California School of Law prior to her career in the non-profit sector.
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Duncan said, "Russlynn brings passion for, expertise in and dedication to equality and fairness in education, and her tireless work and commitment have changed the lives of low-income students from across the nation. I very much look forward to working with her."
Russlynn Ali is vice president of the Education Trust and founding director of the Education Trust-West, the West Coast partner of EdTrust. The Education Trust organizations work to promote high academic achievement for all students at all levels, with an emphasis on serving Latino, African American, Native American and low-income students. Ali has held senior positions at several other education-related organizations, including liaison to the president of the Children's Defense Fund in Washington, D.C.; chief of staff to the president of the Los Angeles Unified School District Board of Education; and deputy co-director of Advancement Project. Ali attended Spelman College and graduated from American University with a bachelor's degree in law and society. She also holds a law degree from Northwestern University School of Law. Ali practiced corporate and civil rights law and served as an adjunct faculty member at the University of Southern California School of Law prior to her career in the non-profit sector.
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