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Prop. 107
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5 Reasons to
Reject Prop 107

How the Yes on Prop 107 Side Gets
it Wrong on Higher Education

Students Helping
Assure Racial
Equality, Justice
and Diversity

Shelton:  UA
Committed to
Diversity

No: Prop 107 would
harm Arizonans and deny opportunities

CAVEAT LECTOR (Reader Beware)

It is not enough to
target immigrants,
now the state goes
after all minorities

 

EQUAL OPPORTUNITY:  MYTHS & FACTS!

 

In recent years, equal opportunity has been debated more intensely than at any other time in its 35-year history.  Many supporters view diversity policies as a milestone, many opponents see it as a millstone, and many others regard it as both or neither – as a necessary, but imperfect, remedy for an intractable social disease.  In reality, the case against equal opportunity is weak, resting, as it does so heavily, on myth, manipulation, outright distortion and misunderstanding.

 

MYTH 1: Equal opportunity is preferential treatment

FACT:  Equal opportunity removes barriers that unfairly exclude women and people of color.  In so doing, it promotes equal opportunity for its beneficiaries.

In the United States access to the American Dream is often framed as a fair race in which the swiftest runners win.  Critics say we should eliminate equal opportunity because it gives some runners an unfair head start in an otherwise fair race.

What if we begin with the observation that the lanes on the tract used by the runners are fundamentally unequal?  Some lanes are unobstructed while others are virtually impassable.  From this perspective, we can see that policies that promote inclusion, like equal opportunity, are designed to equalize the conditions of a previously unfair race.

Meanwhile, those runners who aren’t kept back by race, class, or gender discrimination are privileged to run a race in which their ability to compete is not impeded by any unwarranted arbitrary barriers.

In this light, equal opportunity represents nothing more than a set of policies designed to remove the numerous impediments that litter the lanes of those who are disadvantaged for reasons associated with their racial, gender or class backgrounds.

 

MYTH 2: Equal opportunity is a radical social policy out of step with American ideals. 

FACT:  Equal opportunity does not represent a radical set of social policies.  Nor was it the brainchild of radical civil rights activists.  In fact, equal opportunity policies were developed by moderate American politicians who sought to promote modest programs designed to begin the process of dismantling contemporary forms of institutional discrimination in the workplace, in higher education, and with respect to public contracting.

Although the originating document of equal opportunity was President Lyndon Johnson’s Executive Order 11246, the policy was significantly expanded in 1969 by President Richard Nixon and then Secretary of Labor George Schultz.  President George Bush also enthusiastically signed the Civil Rights Act of 1991, which formally endorsed the principle of equal opportunity.  In truth, equal opportunity programs have spanned nine different presidential administrations—six Republican and three Democratic.  Thus, equal opportunity has traditionally enjoyed the support of Republicans as well as Democrats.

 

MYTH 3:  Equal opportunity is no longer needed in America; and equal opportunity prevails in the United States.

FACT:  Equal opportunity remains vital as a tool to offset the continuing discriminatory obstacles faced by women and people of color in the U.S.

Some critics suggest that affirmative action has outlived its utility.  Conceding that these programs have effectively opened the doors of opportunity to traditionally excluded participants, they argue that these numbers can now be maintained without these measures.  In fact, in every instance where equal opportunity has been withdrawn the participation level of minorities and women has fallen drastically.

Despite decades of gradual integration through affirmative measures, white males still occupy most top paying jobs (including approximately 95% of the Fortune 500 CEO positions, and continue to hold the lions’ share of lucrative employment opportunities.  American women earn only 66 cents per hour for every dollar a white man earns (for similar employment). College-educated African-American women annually earn only $800 more per year than white male high school graduates and $17,727 less than college educated white men.  Simply put, race and gender still matter.

 

MYTH 4:  Equal opportunity constitutes the admission of under and unqualified students in undergraduate, graduate, and professional schools,

FACT:  Equal opportunity programs are modest efforts to counter-balance the built in biases that already exist in the admissions processes in institutions of higher education. Without equal opportunity the traditional admissions practices unwarrantedly favor the members of historically privileged groups.

Equal opportunity does not provide free entrance to unqualified women or people of color.  It is senseless to assert that someone was admitted to a law school, for instance, “based only on the color of their skin”.   If admissions were offered regardless of qualifications, our institutions would be completely dysfunctional—filled with unqualified people.  Law schools—like other institutions that employ equal opportunity policies—have no interest in bringing in unqualified people.  Instead, they use equal opportunity because it allows them to identify qualified candidates whose potential to succeed would otherwise be overlooked.

Opponents however like to equate equal opportunity policies as undeserved hand-outs to an “under-qualified and unmotivated” group of people, rather than as policies designed to uncover the capabilities of millions of Americans of all hues and genders.

 

MYTH 5:  Equal opportunity should be about class, not race.

FACT:  While class remains an extraordinarily significant factor in the lives of many Americans, the fact is that racial bias affects women and minorities of all backgrounds and cannot be addressed solely through class-based measures.  Race-conscious equal opportunity action remains necessary to address race-based obstacles that block the path to success of countless women people of color of all classes.

The claim that race no longer matters simply fails to square with the lived reality of most people of color.  Whether they are privileged, working class or living in conditions of poverty, race remains a significant factor that shapes access to everything from social networking to jobs to health care to housing.  Not only does the “class not race” position fail to reflect the role that race plays across class lines, it also fails to reflect the role of racism in creating a racialized underclass. Because contributing factors to the disparate rates of impoverishment are race-based, so must be the remedies.

 

MYTH 6:  Equal opportunity stigmatizes its beneficiaries

FACT: The stigma facing women and people of color is not caused by equal opportunity action but by the very stereotypes that have always been used to exclude such groups from educational and employment opportunities.

The real source of a “stigma” for women and people of color is not equal opportunity at all.  Does anyone really believe that before equal opportunity, there were no negative stereotypes associated with the academic and professional capabilities of women and people of color?  The reason it is so easy to stereotype the beneficiaries of these policies is because our culture is already loaded with negative stereotypes about the competence of women and people of color.  The beneficiaries of these programs are stigmatized for the very same reasons that these policies exist in the first place: persistent and sometimes unconscious beliefs that women and people of color are simply less talented, hardworking and competent than their while male counterparts.

After all, if affirmative action is the cause of stigma, how can we explain the absence of stigma’s burden when genuinely preferential programs for non-minorities cause no such stigmas?

 

MYTH 7: Existing anti-discrimination laws are adequate to create equal opportunity.

FACT:  Anti-discrimination laws are an important but limited tool: they are primarily designed to address some forms of “in your face,” discrimination, but they cannot correct for the full range of discriminatory and unfair practices that limit opportunity in America.  These laws are woefully inadequate to the task of ensuring equal opportunity for all Americans.  Equal opportunity complements these laws by correcting for other forms of discrimination that the law does not or cannot address, and by providing a proactive and efficient way for institutions to overcome discrimination and bias in their hiring and admissions procedures.

 

MYTH 8:  Individual effort and hard work determines who becomes prosperous and wealthy in the United States.  Thus, government should stay out of the business of trying to diminish these disparities through the creation of programs such as equal opportunity.

FACT:  Common sense and our lived experiences teach us that hard work and wealth do not necessarily go hand in hand.  Moreover, government policies have enriched some Americans at the expense of others, enabling them to accrue far more capital assets than women and their minority counterparts.  These assets are then passed on to their children.  This intergenerational transfer of wealth offers the key to understanding racial stratifications in the United States.

Critics of equal opportunity lean heavily on the myth that people make it on their own in the United States based on hard work and individual effort.  They ask: Why should the beneficiaries of equal opportunity be the recipients of preferential governmental policies when white males acquired their wealth through hard work?

If we think well-off white males got their wealth only through individual ability and hard work, then the solution will be to urge low-income women and people of color to try harder.  To begin with, wealth CANNOT be viewed as simply a measure of hard work.  In fact, many of the hardest workers in America are the lease prosperous.  Are our friends and family members who earn small salaries as laborers and service workers to be condemned as slackers because the wealth they have accumulated fails to reflect the long hours they have worked?  Throughout our history, women and people of color have been shut out of the most asset-building activities including home ownership, business, and prestigious occupations and jobs with the highest paying salaries.

The state has played a major role in creating such disparities.  It should now work to level the playing field.

 

MYTH 9:  Color blindness is, and always has been, a basic American ideal.  Its advocates oppose equal opportunity not because they oppose racial progress, but because it contradicts our societal consensus on color blindness.

FACT:  Color blindness implies that “race” is no more significant than eye color in contemporary America.  Its supporters insist that to treat people equally they must all be treated the same.  The logic of this perspective hinges on the belief that, in essence, America has transcended the racism of its past and that, for the most part, we are all similarly situated across racial lines.

In fact, color blindness is not race-neutral.  It does not ignore race, nor does it allow for people to be treated fairly and equitable.  Indeed, it serves as a shield for white privilege while embracing the language of racial justice.  Color blindness is a “preference,” a preference for the status quo.  It allows institutional and structural forms of racism to continue unabated.

 

MYTH 10:  Absent equal opportunity, race is an empty and meaningless as skin color; it is equal opportunity that creates racial differences.

FACT: Reducing race to something as innocuous as skin color permits critics of color-conscious policies to argue that people are treated equally as long as no one’s race is taken into account.  By this logic, it follows that equality can be brought about by treating everyone the same without any consideration of race at all.  But this superficial equality is blind to the reality that race is not primarily about skin color.  What we have come think of as race is the cumulative effect of legal rules, social policy and cultural practice.  The effects of these cumulative practices are NOT the same for white males and women and people of color.

Racial differences in the United States have been present at least ever since white males made themselves dominant over all other groups, and the only way to address this is by acknowledging the ways in which “male whiteness” functions.  We live in a society with deeply-entrenched and zealously-guarded racial differences.  Equal opportunity serves to break down these constructed differences (for instance, by introducing diversity into spaces that would otherwise remain barred to women and people of color).  It is part of a strategy aimed at ending racial domination that otherwise would continue unchallenged.  It, therefore, represents a response to, not the cause of, the racial disparities that emerge from a norm of privileged male whiteness.

 

MYTH 11: Equal opportunity is a domestic policy that reflects an obsession with race that is peculiar to America.

TRUTH:  Equal opportunity is not the product of an American obsession with race.  It is embraced by the International Covenant for the Elimination of Racial Discrimination.  Across the globe, many countries have pursued and embraced affirmative measures to address various forms of institutional/structural subordination.  Moreover, in an increasingly interdependent world it is supported by many mainstream corporations and their clients who recognize the competitive advantages of a diverse workforce.

Equal opportunity is neither unique to the U.S., nor limited to the particular type of post slavery/apartheid society that the U.S. represents.  Many countries around the world employ various forms of equal opportunity to advance social justice concerns.

For instance

  • South Africa’s Constitution explicitly endorses equal opportunity.  Section 9 (2) of the Bill of Rights is dedicated to equality and provides that:  “To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.”

  • India has a long history of using reservations to ensure that all classes are included in the representative government and in governmental positions.

  • Brazil is pursuing equal opportunity in higher education and in corporate employment.

  • Equal opportunity is consistent with the Canadian Charter of Rights and Freedoms.

  • Israel uses equal opportunity, among other things, to integrate Arabs and Ethiopian Jews into government employment, and educational institutions.

Many multinational companies support equal opportunity.  3M, a $16.7 billion manufacturing and technology company with operations in more than 60 countries and customers in nearly 200 countries and Boeing, which makes 70 percent of its commercial airplane sales to international customers, argue that:

“Because our population is diverse, and because of the increasingly global reach of American business, the skills and training needed to succeed in business today demand exposure to widely diverse people, cultures, ideas and viewpoint.  Employees at every level of an organization must be able to work effectively with people who are different from themselves.  We need the talent and creativity of a workforce that is as diverse as the world around it.”

 

MYTH 12: Opposing equal opportunity is consistent with the vision of equality articulated in Dr. Martin Luther King Jr.’s Dream of a colorblind America.

FACT: Contrary to what critics of equal opportunity contend, Dr. King actually supported equal opportunity action policies!  In this respect, he wrote that “a society that has done something special to harm the Negro should now do something special to help him”—otherwise equality will remain out of reach.  Treating similarly situated people differently is un-American.  But taking race and gender into account to dismantle systemic forms of discrimination represents nothing more than an effort to promote equal opportunity.

Equal opportunity opponents claim that they symbolize the contemporary embodiment of Dr. King’s colorblind vision for the future of America—the vision he championed on the steps of the Lincoln Memorial during the historic “March on Washington.” In reality, they do not embody the values he stood for.  His dream, after all, did not embrace the idea that one could eliminate racial inequality by ignoring race in contemporary America.  Nor did he assume that one could promote equality by treating people in decidedly different situations as though they were similarly situated.

In this regard, it should be noted that virtually every effort to lift the burden of racial iniquities in American society has been denounced as a form of preferential treatment.  Supporters of slavery resisted plans to free those held in bondage on the grounds that they unfairly took away the slaveholders’ property interest in the slave and redistributed property to the slave.  Even the Thirteenth Amendment to the Constitution, which abolished involuntary servitude, was said by segregationists to compel them to behave in ways that were fundamentally unfair.

The deployment of the idea that race-based policies that serve to eliminate discriminatory practices somehow advantage their beneficiaries has long been a standard tactic on the part of those who seek to subvert programs designed to redress racial iniquities in the U.S.  As such, anti-equal opportunity critics pay homage not to Dr. King, but to Americans throughout history who have refused to provide fair opportunities to people of color on the grounds that such policies actually operate to advantage minorities over their white counterparts

 

MYTH 13:  Equal opportunity is to blame for lower income among white males.

TRUTH:  Average real wages have fallen 19% and 26% for young families with children since 1973.  But equal opportunity is not the reason.  Everyone is losing jobs as corporations move overseas, downsize, hire part-time workers, automate and computerize.  The real travesty is when any student-male or female white or of color—is denied access to education not because of equal opportunity, but because society has devalued and divested money away from education.  According to the the Equal Employment Opportunity Commission, equal opportunity is considered essential to insuring that jobs are genuinely and equally accessible to qualified persons, without regard to sex, race, or ethnicity.

 

For a more in-depth study, please see African American Policy Forum, http://aapf.org/too_to_speak_out/focus/

 

 

 

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© 2010 We Can! The Equity and Opportunity Committee Opposing Proposition 107