For
more than three centuries, the New World, eventually to be known as the United
States of America, has been multicultural.
We are a nation of natives, immigrants and slaves. Except for the Native Americans, our citizens
come from every corner of the planet.
However, despite the fact that our Declaration of Independence contains
Thomas Jefferson’s quote that “all men are created equal,” not all
Americans have always been treated as such by our government, policies, culture
and citizenry.
The concept of Affirmative Action – “…programs meant to break down barriers, both
visible and invisible, to level the playing field, and to make sure everyone is
given an equal break. They are not meant to guarantee equal results -- but
instead proceed on the common-sense notion that if equality of opportunity were
a reality, African Americans, women, people with disabilities and other groups
facing discrimination would be fairly represented in the nation's work force
and educational institutions” began to materialize as early as the
end of the Civil War and in 1941 under President Franklin Roosevelt. Affirmative Action continued to be honed and reached a climax, of sorts, in
1965 under President Lyndon Johnson.
Centuries
of banishment/internment, slavery, segregation, discrimination and denial of
opportunity of and to these abovementioned, et al. citizens – to eventually be
labeled “protected class groups,” and to include some military veterans
in 1972 - was the impetus and rationale behind this equal opportunity
programming in and federal funding for public employment and education.
Fast
forward to 1991 when, while African American Clarence Thomas was enduring his
Senate Confirmation Hearings for Supreme Court Justice, he made it clear that,
although he had taken full advantage of Affirmative Action to gain access to
Yale Law School, Affirmative Action’s utility had passed. His tenure as an Associate Justice of the
United States Supreme Court has seen many examples of him dissenting against
Affirmative Action cases. He has cited
Missouri v. Jenkins (1995) which states “at the heart of this {guarantee} lies
the principle that the government must treat citizens as individuals, and not
as members of racial, ethnic, or religious groups.” To the dismay
of many, Justice Thomas opposes Affirmative Action now because he feels that it
violates the U. S. Constitution.
Fast
forward again to 2008 when Barack Obama was elected President of the United
States - a truly profound historical milestone for a nation who once bought,
sold and enslaved African Americans like cattle.
In
a few short (for some, anyway) centuries, we have come full circle. Protected class groups have the same
opportunities under the law as the majority regarding participation in the
political process, choice, education, employment, even election to the highest
office in the land. Thus, is Affirmative
Action now obsolete? Is it a policy
without a cause, an anachronism such as the Pennsylvania law a person is not eligible to become Governor
if he/she has participated in a duel?!
Although
suspicion, distrust, hate and discrimination will always exist in the hearts of
some people, it is illegal to act on these against American citizens. There are laws, there is precedent and…there
is social media…and video, and live mics.
We live in a world that is so utterly transparent it is nearly
impossible to “get away” with anything without someone posting the incident to
Facebook and filing a lawsuit.
Seriously,
we have an entire federal commission – the United States Equal Employment
Opportunity Commission, or EEOC (which Clarence Thomas once chaired) tasked
with enforcing the seven federal laws, titles and acts prohibiting job
discrimination. They also provide
oversight and coordination of all federal equal employment opportunity
regulations, practices and policies. It has offices throughout the
country and a toll free number (i.e., they are accessible to all). There are also state and local laws which
protect against discrimination and harassment in education and the work place.
Do
we need to set aside slots for protected class groups in public employment and
education in this day and age, after all the barriers we’ve broken and given
all the laws we have on the books? If an
LGBTQA citizen or disabled veteran feels he/she has been discriminated against,
between Title I, Title VII and Facebook, recourse and justice await
her/him.
