Archive for judicial system
A White Supremacist Century: Supreme Court as White Oligarchical Power
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The recent Supreme Court ruling, Citizens United v Federal Elections Commission, which essentially forbids any restrictions on corporate financing of political candidates, has garnered much media attention this past week. Ostensibly, the ruling extends ridiculous precedents granting corporations status as persons and endowing them with accordant rights. Liberal commentators and politicians have rightly expressed outrage at the serious threat Citizens United poses to the last vestiges of American democracy. Most of the outrage has been on one or more of several grounds: Marxist/class-based, partisan, and/or politico-structural (i.e. how laws and the structure of federal and state governments will change as a consequence of corporate influence). Too little analysis has focused explicitly on the racial causes and implications of the ruling.
I believe the timing of this ruling is an intentional effort by white [male] elites to restore whites’ structural political advantages. For whites, Obama’s election and Latinos’ increased voting power threaten whites’ historical dominance. The ruling is designed to immediately weaken the currently ascendant political coalition of people of color and liberal whites. It is also sets the social, political, and economic conditions for whites to continue racial domination after they cease to be the numerical and electoral majority in the United States.
MSNBC noted the irony of the Supreme Courts’ ruling, which greatly empowers banks and other large financial institutions, coming down within hours of President Obama announcing proposals to reestablish limits on the nation’s largest banks. On its face, the timing of events appears to be either oddly coincidental or, more likely, the first shots in a war between two ruling sectors in the United States—the state and the capital class. But from a critical racial perspective, the Supreme Court ruling smacks of racism. Over the past three years, much was made about Obama’s ability to raise money through non-corporate vehicles. To be sure, he received much corporate support, but the rhetoric surrounding his campaign was a populist one, and the campaign greatly benefitted from “small” contributions from “regular people.” For the first time in many cycles, the Democratic candidate had a significant financial advantage over his Republican rivals. Obama effectively used that financial advantage to exhaust the resources of the McCain campaign. The Democrats held vulnerable territories without much challenge (e.g. Michigan) and won Republican-trending states (e.g. North Carolina and Virginia) via sustained (and expensive) media and grassroots efforts. This change in presidential campaign norms was all the more stunning given that it was done by the first Black candidate to lead the ticket of a major party.
Sociological research indicates that dominant groups (e.g. white policy-makers and Supreme Court justices) respond to threats (i.e. a Black man becoming chief executive) by using state institutions to weaken the threat and strengthen the dominant group. (See the introduction to the second edition of McAdam’s Political Process and the Black Insurgency, 1930-1970, for one of many examples.) The research seems to be especially applicable in this case. If Obama’s political strength comes, at least in part, from his advantage in non-corporate funding, allowing corporations to spend infinite dollars in support of oppositional candidates diffuses Obama as a political threat and greatly strengthens his opposition.
The racial elements are clear. Most obviously, as the first Black president, Obama represents a racialized threat to white power generally. (See Harvey-Winfield and Feagin 2009 for whites’ fears that Obama would serve Blacks’ economic and political interests.) Secondly, the Republican Party, which is the only electorally significant opposition to Obama and the Democrats, is increasingly a white, male party. Empowering corporations to financially prop up the shrinking party of, for, and by white men is an attempt to counter emerging electoral trends (e.g. the majority of each minority group voting for Obama and Democrats; the shrinking percentage of the voting population that is white and male) and promote white privilege. As the only branch of the federal government currently under direct control of white men, the Supreme Court is the best, if not only, tool available to immediately effect whites’ racial politics. That Republicans and big business have long been bed fellows only makes the Supreme Court’s strategy of “freeing” corporate funds a more certain path for achieving white elites’ racist goals. The potential of a split in the capitalist class (i.e. capitalists funding both parties equally) is precluded by the strong overlaps between whiteness, corporate leadership, and the Republican Party.
In short, the timing of the ruling seems to be obviously racially motivated. Democrats have ruled before, but the combination of Black and Brown leadership, increased Black and Brown voting activity, decreased white voting potential, and sufficient non-corporate funding pools for campaigns was a new threat to which whites were compelled to respond immediately. Whites’ desperation and determination to act now are revealed in their naked over-reaching in the case at hand. Section I of the official “syllabus” (i.e. summary of the case, written by the Reporter of Decisions) of United Citizens details the convoluted logic the Court used to justify both acting immediately and overreaching. The Court is explicit in arguing that they wanted to remove the restrictions on corporate funding before upcoming elections and that they wanted to ensure national impact. In the Syllabus, the Court’s political agenda is in the guise of protection of the First Amendment, but I have articulated reasons to believe the agenda is largely racial.
In my view, the Court’s ruling sets the stage for whites to continue their racist dominance after they lose majority status. Whites’ unjust enrichment (Feagin 2000) gives them a host of weapons with which to oppress people of color. Among the most potent of those weapons is liquid cash. Since Watergate, campaign laws have restricted corporate funding of candidates. Consequently, one of whites’ primary weapons was limited. The limitation was not crucial at the moment because 90 percent of the electorate was white (as of 1980). Therefore, whites’ control of government was unthreatened. However, the decrease in whites’ percentage of the electorate (now under 70%) places their continued electoral dominance in question.
The writing is on the wall for whites’ numerical majority. By and large, most Americans assume a one-to-one relationship between racial demographics and politico-economic dominance. I am constantly impressed by the consistency of undergraduates’ responses to demographic data. Often Latinos are encouraged and empowered by the data. In each of my research projects interviewing Latino students, almost all view their racial/ethnic group as the future dominant group in the U.S. In their version of the cohort effect, racism will “die out” as Latinos replace whites at the heads of major political and economic institutions. Whites usually respond with similar assumptions that their racial and social dominance depends entirely on their numbers. As their relative population falls, so too will their power (and vulnerability to charges of racism). Scholars vary on their takes, but some have adopted a tripartite model in which whites will continue to dominate by extending whiteness to include more groups and bestowing “honorary whiteness” on other groups. These two groups would then derive privileges by oppressing “collective Blacks” (e.g. African-descended peoples, Native Americans, and Southeast Asians).
I respond to all of these assumptions with my own prediction that whites’ primary strategy will be oligarchic in nature. Whites’ dominance of political, social, and economic institutions will far outlast their numerical majority. Whites will use their current majority to construct institutions in a way that ensures they can keep control even without majority status. From these powerful social locations, whites can continue to generate and reproduce a racial structure very similar to the contemporary one. White school boards and a disproportionately white academy will still control the content of education; white executives will still use formal and informal methods to reproduce economic inequality; whites will still have vested interests in segregated neighborhoods; whites will still use wars and other coercive tactics to exploit people of color’s land and labor. Just as the 13th amendment did not end slavery in practice, whites’ fall to plurality status will not change the racial status quo. Demographic majority status is not the basis of racial domination. Access to institutional power, material resources, and control of discourse are. Unleashing white executives to spend corporate dollars as they choose only serves to cement white people and white ideology at the levers of power in America.
So then, the Supreme Court’s decision has clear structural impacts that promote white supremacy for the foreseeable future. White executives will use corporate dollars to put in place laws, ideologies, and individuals to sustain the white supremacist status quo. These structural moves, however, will still take place in public arenas (e.g. elections, mass media). Consequently, whites will need justifications for taking their actions. They will have to convince the public to vote for their candidates and accept occasional visible legal changes. With these goals, white corporate executives will buy lots of ads and command much attention. What worries me is the probable content of those ads. American history teaches us that whites often use African Americans and other people of color as threats and scapegoats to justify oppression. Recently, the “welfare queen,” “crack baby,” and “Latin drug lord” were powerful images in the 1980s and 1990s that whites used to dismantle the social safety net for everyone. Whites have used images of hypersexual people of color (of all stripes) to justify everything from segregating “dangerous” Asian “sexual predators” to castrating and sterilizing Black men and women involuntarily (see Dorothy Roberts’ Killing the Black Body). Each of these projects, and innumerable others, served white elites’ corporate interests and were popularized via corporate actions and financial contributions. Whites are not finished with this type of business. Corporations will undoubtedly turn up the heat again and aggressively use racist imagery to motivate [white] masses to support corporate ends.
As people interested in racial justice, we must quickly consider how we can act now to address the serious racial threats white elites launched via the Supreme Court. Despite the electoral successes of 2008 and people of color’s growing electoral strength, we may currently be at the peak of our power to resist. With each passing day, whites are plotting ways to mobilize and use their considerable economic resources to reshape the government, influence our views, and frustrate all organized resistance efforts. Very soon, they will begin implementing those plans in earnest. Then we will have a very tough fight on our hands, indeed!
More Invisible Americans: Bias in Media Reporting on Latinos
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The Pew Hispanic Center’s useful Excellence-in-Journalism website reports a survey of the media’s skewed reporting on Latinos, and severe under-reporting of numerous matters of importance to Latinos and others, but falling outside the white-racial-frame’s concerns with Latinos.

photo credit: tortuga767
From early February to early August 2009 they examined 34,452 news accounts on 55 major U.S. news outlets– 13 newspapers, 15 cable programs, 7 broadcast networks’ news programs, 12 prominent news websites, 9 news radio/talk programs. Among thousands of news accounts were only 2.9 percent (645) dealing substantially with Latinos at all. Of these
only a tiny number, 57 stories, focused directly on the lives of Hispanics in the U.S.
The most covered event was the nomination and confirmation of Supreme Court Justice Sonia Sotomayor, 39 percent of all accounts dealing with Latinos:
The Mexican drug war came second at 15%; the outbreak of H1NI flu (with its origin in Mexico City) was third, at 13%. . . . Immigration, the number four topic, accounted for just 8.4% of the coverage involving Hispanics during these six months. . . . Immigration, which from 2006 through 2008 had been heavily debated in Congress and on the political campaign trail, was the subject of fewer than one in ten stories involving Latinos, a reflection of the degree to which the issue largely fell off the radar during the early months of the Obama Administration.
I guess the mostly white controllers of the mass media think Latinos are these days mostly about drugs, the flu source, and problematical immigration. The everyday stuff of Latinos’ lives gets little attention–even though there are now about 48 million Latinos in the United States:
In the small portion of coverage that dealt with the experiences of Hispanics living in the U.S., the most common storyline was the effect of the recession. Next was the immigrant experience, after that was population growth and changing demographics, and then the question of fair treatment and discrimination.
And this for a group growing in significance in 90 percent of U.S. counties and forecast to be 129 million (29 percent of Americans by mid-century). The researchers also found that other Americans of color (Asians, Africans/African-Americans) got even less serious media attention in this period. Whites’ power and privilege again?
(For some stories rarely covered in mainstream media see, just to take one example, the
United Farmworkers website, and listing of recent successes in improving farm workers lives. Also see their worker news blogging at dailykos here.)
Interracial Couple Denied Marriage License
Posted by: | CommentsA justice of the peace in Hammond, Louisiana has refused to issue a marriage license to an interracial couple. In the last few posts here, we’ve been talking about “anti-miscegenation laws” intended to prohibit intermarriage between blacks and whites. Most of this discussion has been framed as part of a distant past influencing the present in various ways, and in fact, that history continues to live as illustrated by the story about the Louisiana justice’s decision that is lighting up the Internet tonight. But, it’s ok, because you know, he’s “not a racist” and he’s just “concerned about the children” the couple might have. Here’s the story from Associated Press:
Keith Bardwell, justice of the peace in Tangipahoa Parish, says it is his experience that most interracial marriages do not last long. Neither Bardwell nor the couple immediately returned phone calls from The Associated Press. But Bardwell told the Daily Star of Hammond that he was not a racist.
“I do ceremonies for black couples right here in my house,” Bardwell said. “My main concern is for the children.”
Bardwell said he has discussed the topic with blacks and whites, along with witnessing some interracial marriages. He came to the conclusion that most of black society does not readily accept offspring of such relationships, and neither does white society, he said.
“I don’t do interracial marriages because I don’t want to put children in a situation they didn’t bring on themselves,” Bardwell said. “In my heart, I feel the children will later suffer.”
If he does an interracial marriage for one couple, he must do the same for all, he said.
“I try to treat everyone equally,” he said.
Thirty-year-old Beth Humphrey and 32-year-old Terence McKay, both of Hammond, say they will consult the U.S. Justice Department about filing a discrimination complaint.
Humphrey told the newspaper she called Bardwell on Oct. 6 to inquire about getting a marriage license signed. She says Bardwell’s wife told her that Bardwell will not sign marriage licenses for interracial couples.
“It is really astonishing and disappointing to see this come up in 2009,” said American Civil Liberties Union of Louisiana attorney Katie Schwartzman. “The Supreme Court ruled as far back as 1963 that the government cannot tell people who they can and cannot marry.”
The ACLU was preparing a letter for the Louisiana Supreme Court, which oversees the state justices of the peace, asking them to investigate Bardwell and see if they can remove him from office, Schwartzman said.
“He knew he was breaking the law, but continued to do it,” Schwartzman said.
Just to review, it is legal for interracial couples to marry in the U.S. but it used to be illegal. As I wrote about here awhile back, the case that overturned this stupidity was Loving v. Virginia decided in 1967 (there’s also a Lifetime TV movie about the case). And, if you’d like to school yourself on the particulars of where and when interracial marriage was illegal in the U.S., check out this cool, interactive map about interracial marriage laws (h/t Nancy Netherland for this resource).
And, to further review the evidence, children of interracial marriages do not suffer in when compared to other children provided that they grow up in an environment that’s accepting of diversity and children of interracial marriages. If children of interracial marriages encounter racism (and other structural disadvantages), then they’re more likely to experience stress, and health-related risks due to that increased stress, such as smoking and drinking. That’s a result of racism, and yet another reason to work to end racism. It should not be used – turning logic on its head – as a reason to perpetuate racism.
Misgivings Because Sotomayor Is Now a Member of the Supreme Court
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With the Senate’s confirmation and swearing in now out of the way, Sonia Sotomayor is now a Supreme Court Justice. Liberal whites, as well as many Latinos, are jubilant at what they view as a great step forward for Latinos.
After a time of reflection, however, the realities of racism bring a sobering realization: her ascent to the Supreme Court is both a personal triumph over anti-Latino racism and thus a reminder of the deeply embedded racist apparatus of this country.
Sotomayor is a brilliant woman whose achievements were won through great discipline and admirable effort. Yet she is heralded as the “first Latino” to become a member of the Supreme Court by almost all commentators, left, right, and center. Clearly, her master status is “Latino.” Her great achievements and qualifications lie somewhere in the background.
The appointment of a white Protestant man to the Supreme Court attracts only a modicum of attention, and virtually never to his whiteness or maleness. That is seen as normal. Once again, the deep, unconscious white racial frame shapes common sense and blinds us to the fact that white privilege is the cause of both the ordinariness of white accomplishments and the momentousness of Latino achievement.
A danger that lies ahead is that Sotomayor’s appointment may be interpreted by many conservative and “mainstream” observers as further evidence that “race” is a thing of the past. However, even as Sotomayor succeeds as a justice, unauthorized immigrants are still widely exploited and persecuted, the Spanish language is routinely assailed and vilified, and Sotomayor’s homeland, Puerto Rico, remains a nation under U.S. control.
Sotomayor has been accused by her conservative opponents for her putative “activism” as a judge. As far as I’m concerned, it was not her so-called activism but her encounters with racism that helped her see past the white racial frame and make such great achievements.
A Belated Milestone in Racist America: Judge Sonia Sotomayor Confirmed
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Judge Sonia Sotomayor was just voted on in the U.S. Senate and was confirmed in a 68-31 vote, with ailing Senator Kennedy not present but also a supporter. We now have the first woman of color and the first Latino ever to serve on the U.S. Supreme Court. (She is also only the third woman out of about 111 justices who have ever served!)
(Photo Source: Wikipedia)
Senator Robert Menendez (NJ), the only Latino Democratic senator had this to say:
History awaits, and so does an anxious Hispanic community in this country the Senate’s lone Hispanic Democrat and the head of his party’s campaign arm, just minutes before the vote. When she places her hand on the Bible and takes the oath of office [scheduled for Saturday], the new portrait of the justices of the Supreme Court will clearly reflect who we are as a nation, what we stand for as a fair, just and hopeful people.
Yes, finally. There are about 47 million Latinos now in this country of about 300 million.
Jim Crow Racism Reported in Philadelphia, Yet Again
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In his pathbreaking book North of Slavery, Leon Litwack (quoted by Vann Woodward) showed that Jim Crow segregation was not invented in the South, but long before the end of slavery white northerners used it to subordinate “free” African Americans in the North:
In virtually every phase of existence Negroes found themselves systematically separated from whites. They were either excluded from railway cars, omnibuses, stagecoaches, and steamboats or assigned to special ‘Jim Crow’ sections: they sat, when permitted, in secluded and remote corners of theaters and lecture halls; they could not enter most hotels, restaurants, and resorts, except as servants; they prayed in ‘Negro pews’ in the white churches, and if partaking of the sacrament of the Lord’s Supper, they waited until the whites had been served bread and wine. Moreover, they were often educated in segregated schools, punished in segregated prisons, nursed in segregated hospitals, and buried in segregated cemeteries. (See also the book Dixie Rising)
When white southerners developed Jim Crow for the newly freed enslaved population, they imitated northern segregation strategies, often enhancing it–infamous segregated restrooms, water fountains, lunch counters, and so forth.
We recently noted attempts at Jim-Crow-like segregation in a swimming pool case in Philadelphia, and now we have a lawsuit alleging informal Jim-Crowing of bathroom and water cooler segregation, and other racial discrimination, in a Philadelphia city government workplace. According to a CNN report
Black employees at a Philadelphia, Pennsylvania, waste transfer plant were harassed, humiliated and discriminated against by their supervisor for decades, says an attorney representing two workers who filed a complaint against the city. Among the allegations in the complaint is that for decades . . . [the white] superintendent, limited one restroom to whites only, said the attorney, Howard K. Trubman. The restroom — which he called the “supervisors’ bathroom” — was supposedly for the sole use of upper-level officials with the city’s Streets Department….As far back as 1996, it became apparent to black employees that they were being slighted, said Trubman. They would watch white co-workers walk into the segregated bathroom, conveniently located one floor above Gill’s [the superintendent’s] office. “If you tried to use the bathroom, you might get suspended,” said Leslie Young, a former worker at the facility…. Young said he recalled that a lock was placed on the restroom door, with keys distributed only to white workers. The restroom black workers could use was down five flights of stairs and was “not in the greatest condition,” Trubman said. Some employees were forced to ask … permission before they could make the trip, he said.
Just like when I was growing up in the very segregated South, this is way too familiar a story, but now 50+ years later. And bathroom segregation was not the only thing on the Philadelphia “plantation,” the term the white in charge reportedly used (he says he was kidding) for the workplace:
The issue didn’t end with the bathroom at the facility, which is a transfer station where garbage trucks bring citywide waste to be distributed to various landfills. Black employees complained that they were stuck with the oldest garbage trucks. Whites, they say, were frequently upgraded to newer vehicles…. According to Young, in the sweltering summer of 2007, Gill would only allow whites access to a water cooler kept in his barricaded office. Black employees were forced to use a water fountain elsewhere in the building. “It made me feel like less of a man,” said Young.…When he told Gill about some resentment felt by some of the employees, he said, Gill launched into a diatribe, saying those unhappy at “the Northwest Plantation Station” could leave.
Significantly, the black protest and antiracist counter framing tradition, as reflected in a book the late great African American historian, John Hope Franklin, had a direct impact on these black workers and their protests according to a Philadelphia newspaper:
Recently, after the black workers found in the trash a book titled Runaway Slaves: Rebels on the Plantation, by historians John Hope Franklin and Loren Schweninger, they began to read it for solace and inspiration, Young said. “When this book turned up on our platform in the trash, …it just made us think that this is like slavery again,” Young said. “So we started keeping the book…as our little Bible in the drivers’ shack, where all the black drivers sit and we relax and eat lunch. And we just try to encourage each other to every now and then, when he does something racist to you or that really pisses you off, to read a couple pages of the book, to show you that this is not the first time this happened, we can get through this, but we got to do it together.”
They protested actively within the department and the city, but got no permanent redress. They took their complaint to the human rights commission (PHRC), but as is the case with many such commissions, nothing got done there either:
Shannon Powers, a PHRC spokeswoman, said that the PHRC deals with several thousand allegations of discrimination a year — 3,382 allegations of employment discrimination alone were initiated in the fiscal year that just ended. “We started the year with 4,393 cases pending from previous years,” she said. If the PHRC hasn’t resolved a complaint within a year, the complainant may take the case to the courts, Powers said.
We have some pretty good civil rights laws in the U.S. but most of them are weakly enforced or unenforced. For the most part whites can discriminate with impunity. Not unexpectedly, the Philadelphia solicitor’s office asserts:
We don’t comment on allegations. … Based on what we know, we have no reason to believe there is any merit, and that will come clear as the litigation proceeds.
The case is set for trial early next year.
Latinos and the White Yoke
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(Photo here)
In a recently published article, “Of Race, Gender and Justice,” Linda Chavez, a prominent and influential conservative, reiterates some of the arguments she made before the Senate Judiciary Committee in opposition to the nomination of Sonia Sotomayor to the Supreme Court. This article is a splendid example of the White Racial Framework running full-blast.
Chavez has blown out of proportion Sotomayor’s statement that the ethnicity and sex of a judge
may and will make a difference in our judging.
Sotomayor’s assertion pointed to events experienced particularly by nonwhites and females that may heighten their perceptions in judicial cases. There is nothing radical about this statement. In an instance of poor thinking, Chavez contends that Sotomayor’s statement clearly indicates that Sotomayor
believes that one’s race and ethnicity should determine (my emphasis) how someone will rule as a judge.
The root of the “problem,” in Chavez’ eyes, is Sotomayor’s “identity politics.” Chavez explains that
Identity politics involves a sense of grievance against the majority, a feeling that racism permeates American society and its institutions, and the belief that members of one’s own group are victims in a perpetual power struggle with the majority.
Chavez can call it “Identity politics,” but I see it simply as an accurate description of what many minority members feel. The perception of a socially-ingrained, pernicious U.S. racism against Puerto Ricans is widely shared by many Puerto Rican people and intellectuals, both in the United States and in the island of Puerto Rico.
As I write these lines, The New York Times reported that the Senate Judiciary Committee, in a 13-6 vote, endorsed Sotomayor’s nomination. It was widely predicted so it was no surprise.
Speaking of surprises, I saw a column Chavez published on April 17 of this year. The topic was “Supporting Family Values.” Although the column is not free of “Chavezms,” it praises the “illegal” family and disputes predictions that the “illegals” will never fully adapt.
This is the side of Linda Chavez that I’d like to see more of, to the point that such columns would not be surprising anymore.
Racist, Sexist Attacks on Sotomayor
Posted by: | CommentsThe Women’s Media Center has put together a devastating compilation of TV-commentators’ racist, sexist attacks on Supreme Court nominee Sonia Sotomayor (3:32):
As the confirmation hearings begin this morning, you may want to take action to support Sotomayor, and you can do that through the Women’s Media Center.
Colin Powell on “Reverse Racism” and Sotomayor
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photo credit: World Economic Forum
Colin Powell has an interesting comment on Judge Sonia Sotomayor in a CNN Sunday interview: (HT/ Thinkprogress)
[She] seems like a gifted and accomplished woman. She certainly has an open and liberal bent of mind but that’s not disqualifying. But she seems to have a judicial record that seems to be balanced and tries to follow the law. And so I hope we do have a spirited set of hearings. And Supreme Court confirmation hearings tend to always meet that standard. And she ought to be asked about everything from both the left and the right. What we can’t continue to have is to have somebody like a Judge Sotomayor who is announced, and based on one simple tricky but nonetheless case that the Supreme Court has now decided have her called a “racist,” or a “reverse racist” and she ought to withdraw her nomination because we’re mad at her.
Fortunately the senators who will sit on this hearing in the Judiciary Committee after a few days of this kind of nonsense said, “Let’s slow down. Let’s examine her qualifications and the way we’re supposed to at a confirmation hearing.” […] And when you have non-elected officials such as we have in our party [Limbaugh] who immediately shout racism or somebody who is quite prominent in the media says the only basis upon which I could possibly have supported Obama was because he was black and I was black even though I laid out my judgment on the candidates, then we still have a problem.
At this rate, will the Republican party get down to just ten or so serious Latino and black and Latino members sometime soon?
It is interesting too how often whites control the public discourse and terminology these racial discussion are carried out with — with such post-civil-rights-movement, white-invented terms as “reverse racism” and “model minority” — not to mention the basic racial word “white,” which was created in the 17th century in its modern racial sense.
Racism and Networks: Missing Tens of Thousands of Able Workers of Color
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The Ricci case we have discussed touches numerous employment discrimination issues, some of which Ginsburg brought up in her dissent. I have been reading research by Marc Bendick, Jr., and Mary Lou Egan on racial discrimination and inequality in advertising agencies, many part of large global firms. They found that African Americans make up just 5.3 percent of advertising managers and professionals, but the relevant Census Bureau and EEOC data suggest this percentage should be roughly 9-10 percent. Their study found black employees tended to be hired for segregated advertising positions—such as those dealing with customers of color–with less influence and pay than white employees with comparable credentials. Black college graduates with advertising positions were found to be paid about a fifth less on average than their comparable white colleagues.
Many employers, in the private and public sectors, complain they cannot find enough “qualified” employees of color. So, if they do happen to take any remedial action, they tend to emphasize educational strategies (scholarships for students, etc) to improve job situations of people of color. Yet, as Bendick and Egan point out, this is not the main reason for low percentages of black employees. The more important reason is the
persistent unwillingness by mainstream advertising agencies to hire, assign, advance, and retain already-available Black talent.
This unwillingness is rooted in a racist framing of black Americans as employees, and positive preferences for white employees like themselves. One lawyer described this employment arena as one where “favoritism rules and merit is cast aside.”
White networks run the country’s major historically white institutions, including most large companies. Job networks are part
of the structure of systemic racism. Deirdre Royster examined black and white students at a technical college and found that, even though they worked harder and did better in their training, black graduates had much more difficulty finding jobs than white students. White networks gave white students much better opportunities. Lack of access to important networks usually has a very negative impact. Compared to comparable white workers, black workers must spend much more time and effort looking for work over their careers. This, of course, makes it harder for them to compete with white workers who have otherwise comparable abilities. Such factors are not even considered in decisions like that involving New Haven–although the dissenting Ginsburg does just touch on the general idea.
Not just in the advertising industry, but in many other employment sectors the central problem is the highly discriminatory practice of white managers operating out of the traditional white racial frame and using predominantly white networks to hire and advance white managers and professionals like themselves.
In this process, as Bendick and Egan underscore in another paper, they typically
ignore the availability of tens of thousands of African Americans with educational and experience backgrounds comparable to whites routinely hired in their industry.
That’s right, tens of thousands. Consider that US reality for a minute. The presence of such very able workers pretty well blows lots of racialized arguments some whites make about not being able to find “qualified” employees of color right right out of the proverbial water. They just do not care to look for them. White power and privilege, again.
