Should Affirmative Action Continue?

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.