affirmative action
GOP state officials threaten legal action over company diversity policies
A group of Republican U.S. state attorneys general on Thursday warned the country's largest companies that certain workforce diversity policies could be illegal in light of the U.S. Supreme Court's decision effectively striking down affirmative action in higher education.
— Read on www.reuters.com/world/us/republican-state-officials-threaten-legal-action-over-company-diversity-policies-2023-07-13/
Not even a full month after this post suggested affirmative action in employment would be the next thing the Supreme Court majority would rule unconstitutional, GOP state attorneys generals have threatened to sue companies they assert (without evidence) have used race-based practices in hiring. Notable among the companies these attorneys general have singled out are Apple, Google, Microsoft, and Uber. The tech industry is an interesting target for these state attorneys general given it's historically-poor track record on diversity across any number of metrics.
A brief look at Apple's inclusion and diversity results show a workforce that is still 2/3rds men over the 7 years (2014-2021) for which they've provided data. Asian representation in their workforce has grown the most significantly over the same period, from 15% to 27.9%, while the percentage of black and Hispanic employees have grown by much smaller rates. Of the remaining highlighted companies, only Uber employs a workforce fewer than 60% male, and their ethnic diversity numbers have actually gotten worse in some respects (over 10% of their workforce was Black or African-American in 2021, while barely 9% of the workforce is as of the latest metrics published this year). But in the post-affirmative action American landscape, we can now expect even the good-faith efforts of companies to diversify their workforces to be challenged in court and for those workforces to be less-diverse as a result. We will learn the hard way that diversity isn't just a "nice-to-have"; the increasing lack of diversity will result in worse products from companies.
What The End of Affirmative Action in Higher Education Means (and Doesn’t): Addendum
Finally (for now), the end of affirmative action is far from the end of anti-black rulings from this court. Affirmative action in employment will almost certainly be the next thing to be ruled unconstitutional.
June 29, 2023 blog post at GenXJamerican.com
The corpse of affirmative action (except the carve-out for U.S. military academies) is barely cold, and already (July 3, 2023) the anti-woke hounds are baying at the heels of diversity, equity, and inclusion initiatives in the workplace.
https://www.wsj.com/articles/diversity-workplace-affirmative-action-dei-3646683b?st=k0ouhiba4domk8q&reflink=desktopwebshare_permalink
But as a brief glance at the historical record will show, complaints about black people getting “special treatment” originating from people who aren’t black have a rather long history in this country. On March 27, 1866, President Andrew Johnson gave an entire speech regarding why he was vetoing civil rights legislation passed by both houses of Congress. Among his many objections were that black people would receive “Federal citizenship” immediately while 11 states were not represented in Congress. The 11 states (of course) were the ones that started (and lost) the Civil War. Having “just emerged from slavery into freedom”, President Johnson questioned whether or not black people “possess the requisite qualifications to entitle them to all the privileges and immunities of citizens”. But here is the passage that perhaps best explains and exemplifies the sense of entitlement—both then and now—that some have when compared to the black people who built and fought for this country:
The bill in effect proposes a discrimination against large numbers of intelligent, worthy, and patriotic foreigners, and in favor of the Negro, to whom, after long years of bondage, the avenues to freedom and intelligence have just now been suddenly opened.
Paragraph 4 of the transcript of President Andrew Johnson’s March 27, 1866 speech vetoing civil rights legislation
If there is any meaningful difference between the logic President Johnson applied to reject civil rights legislation and the logic the conservative majority on the Supreme Court used to end affirmative action, it is not readily apparent. Within President Johnson’s objections to the granting of “Federal citizenship” to black people and the states right argument he advances to separate “State citizenship” from it are the seeds of modern arguments against birthright citizenship that we hear today from the same people who find common cause with the Confederates of that day. Should this country put the wrong person in the White House yet again, perhaps birthright citizenship will be among the many rights at risk.
The Presumption of Belonging
In my occasional attempts to learn from people I disagree with, I watched an episode Briahna Joy Gray’s Bad Faith podcast. Her guest last week was Irami Osei-Frimpong, a PhD student in philosophy at the University of Georgia and podcaster who has self-branded as The Funky Academic. She invited him on to talk about SCOTUS decision ruling affirmative action unconstitutional (among other topics), but embedded in the first 40 minutes or so of the conversation (beginning around the 16th minute) was a description and critique of American identity from Osei-Frimpong that I found so challenging that I found myself replaying it to make sure I was actually hearing what I thought I did. What kicked off Osei-Frimpong's response (which I attempt to transcribe below) was a prompt from Gray regarding a recent interview Senator Tommy Tuberville did where he conflated what white supremacy is with what being an American is.
Osei-Frimpong's argument regarding the status of black people in America isn't entirely new (as captured in book-length treatments of the subject I've read this year), but neither Wilkerson nor Reed make the case as bluntly that this lower status is a condition of being seen as being American and belonging in America. Through the lens of Osei-Frimpong's argument, the ongoing discourse around Florida's recent changes in what is taught about slavery can be seen as a variation on this idea of belonging. Defenders of these changes (including Florida governor and 2024 presidential candidate Ron DeSantis) insist on the idea that black people benefited from enslavement because of the skills they gained--as if black people had no skills other than those taught by their enslavers. These are not the arguments of those who actually see black people as equals.
Some defenders of these new standards, such as Charles C.W. Cooke of National Review, have gone so far as to call Vice President Kamala Harris a liar in print for characterizing the changes this way. But the list of items he compiles, rather than refuting Vice President Harris' point, actually does more to confirm it. Some examples:
These and other examples make it clear that the aim of this new curriculum is less to educate children regarding the nature of slavery as practiced in American colonies and what would later become the United States, than to draw false equivalences between it and how slavery was practiced in other cultural contexts. Not once in Cooke's analysis or his numerous bullet points does term "chattel slavery" appear, which would make clear that enslavement was not merely permanent for those originally enslaved, but generational--passed down to any and all descendants.
Others of Cooke's bullet points seem selected to convey the message that other enslavers were worse than colonial (and later American) ones, such as these:
Still other select bullet points seek to valorize those in power and the prevailing system of governance as actually working to end slavery, such as these:
The word "ordinance" appears a handful of times, but never in connection with the ordinances of secession, the resolutions drafted and ratified by each of the 13 Confederate states regarding why they were leaving the Union (at least 3 of which mention slave-holding in the context of property rights as their rationale).
One of my personal frustrations with this curriculum controversy being focused on slavery is or isn't taught is the ways in which it has diverted attention from the virtual absence of any instruction at all, proper or otherwise, about Reconstruction and Jim Crow--a period of history spanning nearly an additional century after the end of the Civil War of what Osei-Frimpong described as "a degradation of our being". Cooke's analysis mentions Reconstruction just 3 times. Here is one of those three mentions:
Cooke's callout on how Reconstruction impacted certain white people (rather than the black people it was intended to protect) reveals as much or more about his priorities than it does about the curriculum in question. References to the word "compromise" in the standards do not appear to include the compromise of 1877 (of which Florida was one of 3 key states), which ended the Reconstruction era and helped usher in Jim Crow. Entirely absent from his analysis is any mention of the Great Migration, which was at least in part motivated by the abandonment of Reconstruction by the federal government (which rates a scant 6 mentions in an academic standards document 216 pages long).
Jim Crow is mentioned just once in Cooke's analysis, and only five times total in my own search of Florida's new academic standards. This takes me to Osei-Frimpong's second point regarding Americanness and blackness, that Jim Crow is incorrectly seen as a static period in time. His characterization of Jim Crow as a statement about the past and future lineage of black people being "nothing" crystallized for me in a way few previous commentaries have that the intent of Jim Crow's architects was to ensure a permanent black underclass in the same way their predecessors intended chattel slavery to be permanent. When Osei-Frimpong says "there is a way in which black failure is American", to me it is a reminder of the ways the Lost Cause narrative of the Civil War, and Jim Crow, deliberately omit from the record all the ways in which black achievements were consistently hidden, threatened, stolen, and/or destroyed. As a result, well-meaning bureaucrats like Daniel Patrick Moynihan would write The Negro Family: The Case for National Action, which would be used by some to reinforce their previously-held stereotypes of black people with no acknowledgement of how the necessities of surviving Jim Crow might have meaningfully and durably damaged black families. I'm reminded also of the ways in which prominent conservative black public intellectuals (Thomas Sowell in particular) both in the past and in the present have used the economic success of black immigrants like my own parents as a rhetorical cudgel to beat native-born black Americans for their relative lack of success with no acknowledgement of the differences in the circumstances between us or the impact of the multi-generational denial of the benefits of first-class citizenship on black citizens.
Defenders of these new standards include two members of the working group who created them. Dr. William Allen's training is in political science (not history). The initial defense has been thoroughly discredited by Twitter threads like the one below:
The thread above calls out numerous errors in the examples provided, such as:
At least so far, I have yet to read or hear any responses the working group to these errors.
One of the things the Supreme Court did in striking down affirmative action was essentially state that black people do not belong in elite higher education. Antonin Scalia said exactly this during oral arguments for Fisher v University of Texas in 2015, a case brought by the same activist behind Students for Fair Admissions v President and Fellows of Harvard College. By contrast, the much older practice of legacy admissions--despite its history and origins as an anti-Semitic, anti-Catholic, and anti-Asian set-aside for white Anglo-Saxon Protestants--went unchallenged by the Asian students of Students for Fair Admissions. Legacy students are presumed to belong at elite institutions, even though in many (if not most) cases their academic marks would disqualify them for admission absent their legacy status. The presumption of --if not entitlement to--belonging in elite higher education is apparently acceptable for everyone except (most) black people. It is very much at odds with the metaphorical pats on the head black people receive for their achievements in Florida's new social studies curriculum.
CRT bans in schools, book bans in schools and public libraries, and threats to corporate diversity initiatives are far from the only things I expect to see when it comes to challenges to the presumption that black people in this country belong anywhere we can currently be found. Within the past day, Matt Gaetz introduced legislation intended to end birthright citizenship--a direct challenge to the text of the 14th Amendment, which granted citizenship to former enslaved people (as well as to me). Gaetz has plenty of company in seeking to restrict citizenship, including presidential candidates who themselves would not be citizens without the 14th Amendment like Nikki Haley and Vivek Ramaswamy. We've reached a sad state as a nation when those who seek its highest office have closing the constitutional path to citizenship as part of sales pitch to the GOP electorate.