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Twenty Years Of The Application Of Rooney Rule And Diversity Practices In The Nfl Workplace, David M. Savino

Journal of the North American Management Society

While the inception of the Rooney Rule has been generally applauded in its intention, the results achieved have been less than noteworthy. In the 20 years since its inception and application in team searches for head coaches of the National Football League, the outcome may be a true sign of the difficulty associated with creating fair and equitable job opportunities in any workplace. Also, there has been a long-standing and deeply entrenched system that has been in place, especially in the sports world, to ensure little change in the overall system. This has not only been true for the sports …

Evading A Race-Conscious Constitution, Cara Mcclellan

All Faculty Scholarship

The idea of a “colorblind” Constitution is front and center in cases before the Supreme Court this term, including Students for Fair Admissions v. President & Fellows of Harvard College, and Students for Fair Admissions v. University of North Carolina (UNC). In these cases, the same plaintiff organization, Students for Fair Admissions (SFFA), has asked the Supreme Court to rule that the Equal Protection Clause and Title VI of the Civil Rights Act of 1964 prohibit universities from considering race as one of many factors in admissions to pursue the educational benefits that flow from diversity. In support …

Lawyers For White People?, Jessie Allen

Articles

This article investigates an anomalous legal ethics rule, and in the process exposes how current equal protection doctrine distorts civil rights regulation. When in 2016 the ABA Model Rules of Professional Conduct finally adopted its first ever rule forbidding discrimination in the practice of law, the rule carried a strange exemption: it does not apply to lawyers’ acceptance or rejection of clients. The exemption for client selection seems wrong. It contradicts the common understanding that in the U.S. today businesses may not refuse service on discriminatory grounds. It sends a message that lawyers enjoy a professional prerogative to discriminate against …

Un-Affirmative Action: The Persistence Of Anti-Black Racism In The Higher Education System Of Postcolonial Brazil, Zakiya T. Daniel

Honors College Theses

Public education systems institutionalize the socialization process which directly disseminates cultural and national values and assimilates the population through mass education. But how does colonial-era anti-Black racism persist in the higher education institutions of contemporary postcolonial societies? Using the Federative Republic of Brazil as a case study, I examine the effects of incomplete decolonization, anti-Blackness, and the role of history, economics, and pedagogy on social outcomes that exclude and marginalize Black and other minority groups. The Brazilian higher education system follows a pattern centered around anti-Black racism which serves to disempower Black, Brown, and Indigenous populations during the colonial and …

The Mere Mention Of Asians In Affirmative Action, Jennifer Lee, Van C. Tran

Publications and Research

Presumed competent, U.S. Asians evince exceptional educational outcomes but lack the cultural pedigree of elite whites that safeguard them from bias in the labor market. In spite of their nonwhite minority status, Asians also lack the legacy of disadvantage of blacks that make them eligible beneficiaries of affirmative action. Their labor market disadvantage coupled with their exclusion from affirmative action programs place Asians in a unique bind: do they support policies that give preferences to blacks but exclude them? Given their self- and group interests, this bind should make Asians unlikely to do so. We assess whether this is the …

Navigating The Path To Presence: Ideology, Politics, And The Campaign For Gender Balanced Boards And Commissions In Iowa, Ezra Temko

SIUE Faculty Research, Scholarship, and Creative Activity

From 1986 through 1988, Iowa adopted and strengthened a gender balance law that required men and women be equally represented on state boards and commissions. In 2009, Iowa extended this law to also require its counties, municipalities, and school districts to gender balance their boards and commissions. Iowa’s law remains unique in the United States. Through archival research and interviews, my research investigates how advocates navigated the ideological landscape associated with this policy issue. My research unveils the mechanisms that substantially deradicalized gender balance in Iowa, enabling its passage and shifting Iowans’ perceptions of gender, governance, and affirmative action—disembedding gender …

The Legitimacy Of Elite Gatekeeping, David Karen

Sociology Faculty Research and Scholarship

Natasha Warikoo’s study of how students at Harvard, Brown, and Oxford Universities view race and fairness highlights the vast differences between the U.S. and Britain with respect to perceptions of meritocracy by these winners in the competition for places in elite institutions. The strict enforcement of uniform standards for admission is seen as critical and legitimate at Oxford, whereas a more holistic approach in the U.S. – one that sees racial diversity as an important and desirable part of the institution’s culture and identity – is seen as critical to a “diversity bargain”. I question the sources of students’ ideas …

When Ivory Towers Were Black: A Story About Race In America's Cities And Universities [Table Of Contents & Introduction], Sharon Egretta Sutton

Education

When Ivory Towers Were Black lies at the potent intersection of race, urban development, and higher education. It tells the story of how an unparalleled cohort of ethnic minority students earned degrees from a world-class university. The story takes place in New York City at Columbia University’s School of Architecture and spans a decade of institutional evolution that mirrored the emergence and denouement of the Black Power Movement. Chronicling a surprisingly little-known era in U.S. educational, architectural, and urban history, the book traces an evolutionary arc that begins with an unsettling effort to end Columbia’s exercise of authoritarian power on …

Fisher V. Ut Austin - Contextualized Brief, Lauren H. Sobotka

Student Publications

Contextualization of the 2013 Supreme Court case, Fisher v. University of Texas at Austin, in which Abigail Fisher was denied admission. This paper also analyzes past Court cases dealing with affirmative action in the admissions process.

Sharing Space: Why Racial Goodwill Isn't Enough, Sharon E. Rush

Sharon E. Rush

Racism is understood by most White people to be an attitude of prejudice toward Blacks. In contrast, Blacks define racism more inclusively; it is a system of institutional preferences for Whites, resulting from historically ingrained prejudices Whites have against Blacks. People of goodwill are disinclined to attribute racial connotations to ordinary, everyday negative interactions involving Whites and people of color as long as the Whites are people of goodwill (people who do not think they have prejudiced attitudes). Second, goodwill comfort is important to maintain, causing many Whites to shy away from any discussions about race. People of goodwill have …

A "Milwaukee Plan" For Construction Trade Apprenticeships? Workforce Challenges For 2014, Lois M. Quinn, John Pawasarat

ETI Publications

In 1970 the Labor Department called for a “Milwaukee Plan” that over five years would bring the number of African Americans employed in skilled construction jobs proportional to their percentage of the population (i.e. 11-12% in the city of Milwaukee and 6-7% in the four-county area). As an alternative, the Milwaukee Building and Construction Trades Council worked with the Milwaukee Urban League to create a Labor Education Advancement Program (LEAP) that helped bring 104 African American apprentices (or 9% of the total) into the trades as of 1973. In the past forty years the minority population of the Milwaukee metro …

An Equal Opportunity Rejection, Katherine M. Patterson

SURGE

Let’s talk about applications. We’ve all been there. You write your application, work on draft after draft and then you send it all off to the college or job of your dreams. And you wait…and wait…and wait. You wait for some sort of letter or phone call that says something along the lines of, “We love you! You’re awesome, and smart and special, and we think you’d be a great asset!” And maybe you’re lucky and you do get that letter, but let’s be real - that doesn’t always happen. It can be frustrating to receive a rejection letter (or …

Economic And Statistical Analysis Of Discrimination In Hiring, Ronald G. Ehrenberg, Robert Smith

Ronald G. Ehrenberg

Legal and administrative determinations of employers' compliance with "equal employment opportunity" (EEO) requirements often hinge on the Issue of the availability of protected class members to employers. That is, courts and affirmative action review agencies compare the hire rates of protected class members (the ratio of the number of protected class members hired to the number who applied or who were potentially available) to the comparable ratio for other applicants, in assessing whether an employer's hiring policies meet the standards required of them by equal opportunity regulations. The purpose of this paper is to review what economic theory suggests affects …

Who's Building Milwaukee? Race/Ethnicity Of Employees In The Largest Construction Firms In The Milwaukee Area, Lois M. Quinn

ETI Publications

The U.S. Equal Employment Opportunities Commission requires private companies with 100 or more workers to report annually on the race/ethnicity and gender of their workforce by ten occupational groupings. The EEOC summaries of this data for the four-county Milwaukee metropolitan area help measure the economic health of the construction industry as well as the commitment of the largest firms to hiring of African American, Hispanic and other minority workers. The report focuses on the race/ethnicity of employees in the blue collar occupational areas (skilled craft workers, semi-skilled operatives including apprentices, and unskilled laborers) and at the executive and managerial levels. …

Building On African American Assets: Resource Data For The One Mke Summit, Lois M. Quinn

ETI Publications

The ONE MKE Summit has raised important concerns about who defines the assets of Milwaukee neighborhoods and where the considerable income of residents in central city neighborhoods is spent. This paper, prepared for the NAACP Young Adult Committee and the African American Chamber of Commerce, details Census Bureau American Community Survey five-year estimates for 2011 by zip code and race to help describe concentrations of income for African Americans. Purchasing power profiles prepared from the 2000s are included to show the comparative advantages of urban neighborhoods with dense housing and large numbers of workers. African American residents of Milwaukee County …

Who's Training Milwaukee's Future Builders? Race/Ethnicity Of Construction Trade Apprentices In The Milwaukee Area, Lois M. Quinn

ETI Publications

This report provides racial/ethnicity and gender data on apprentices by construction trade joint apprenticeship committee, based on data from the Wisconsin Department of Workforce Development Bureau of Apprenticeship Standards. Part One examines hiring patterns of 15 union joint apprenticeship committees serving the Milwaukee area with report cards provided for 217 contractors with apprentices. Part Two identifies the apprentice levels sponsored by 120 union contractors through the statewide Wisconsin Operating Engineers Joint Apprenticeship Committee. Part Three analyzes the apprenticeship patterns for 81 non-union contractors with apprentices through the Associated Builders & Contractors of WI-Waukesha Joint Apprenticeship Committee. The data are provided …

The Underrepresentation Of Minority Faculty In Higher Education: Panel Discussion, John Brooks Slaughter, Ronald G. Ehrenberg, Eric Hanushek

Ronald G. Ehrenberg

[Excerpt] The 3 July 2002 issue of the Chronicle of Higher Education described the matter we are discussing today in these words: "Taken together. African-Americans and persons of Hispanic origin represent only 8 percent of full-time faculty nation-wide, and while 5 percent are African-American, half of them work at historically black institutions. The proportion of black faculty members at white institutions is 2.3 percent, virtually the same as it was 20 years ago." We are privileged to have the opportunity to explore this issue from two different perspectives. The first contends that unless major changes occur, the number of minority …

Applying Indices Post-Grutter To Monitor Progress Toward Attaining A Diverse Student Body, Roger W. Reinsch, Sonia Goltz, Hong Chen, Joel C. Tuoriniemi

Northwestern Journal of Law & Social Policy

The Supreme Court decision in Grutter v. Bollinger provided more definitive guidance for institutions of higher education desiring to use racial preferences in an effort to achieve a diverse student body. This Article first examines Grutter and other relevant cases to set forth the parameters established by the Supreme Court concerning how university preferences, including but not limited to race, may be used in an admissions policy. This Article then provides a framework for creating and using diversity indices that can help institutions implement the guidelines found in these court decisions and monitor whether or not the goal of diversity …

23,639 Milwaukee County Residents With Driver's License Suspensions Solely For Failure To Pay Fines And Civil Forfeitures, John Pawasarat

ETI Publications

Thousands of adults in Milwaukee County have suspensions placed on their driver’s licenses solely for not paying fines and civil forfeitures. Younger teens may be issued license suspensions for failure to pay fines and civil forfeitures even though they have never had a driver’s license. Many teens and adults with suspensions continue to drive with or without a valid license. For this report the driver license status of all Milwaukee County residents was reviewed using state Department of Transportation records on driver’s license status, licenses suspension and revocation records for 2008-2011 in order to assess the driver status facing workers …

Whatever, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

The author cannot say that she disagrees with any of the analytical observations made by her co-contributors to this roundtable discussion of Fisher v. University of Texas at Austin. They all agree that the Supreme Court plans to use the case as an occasion to do something noteworthy to the constitutionality of affirmative action. And they all agree that the Court’s actions are likely to provide more comfort to opponents than to proponents of racial diversity. Their views diverge only with respect to doctrinal details about what the Court could or should do. But in translating the racial tensions …

Fisher V. Grutter, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

There is no reason for the Supreme Court to have granted certiorari in Fisher v. University of Texas at Austin. Unless, of course, the Court plans to overrule Grutter v. Bollinger—the case on which the Texas affirmative action plan at issue in Fisher was based. If that is its plan, the Court can invalidate the Texas program on some narrow ground that masks the magnitude of what it is doing. Or it can explicitly overrule Grutter—a case that no longer commands majority support on a Supreme Court whose politics of affirmative action has now been refashioned by …

The Paradox Of Political Power: Post-Racialism, Equal Protection, And Democracy, William M. Carter Jr.

Articles

Racial minorities have achieved unparalleled electoral success in recent years. Simultaneously, they have continued to rank at or near the bottom in terms of health, wealth, income, education, and the effects of the criminal justice system. Social conservatives, including those on the Supreme Court, have latched onto evidence of isolated electoral success as proof of “post-racialism,” while ignoring the evidence of continued disparities for the vast majority of people of color.

This Essay will examine the tension between the Court's conservatives' repeated calls for minorities to achieve their goals through the political process and the Supreme Court's increasingly restrictive "colorblind" …

Presumed Incompetent: The Intersections Of Race And Class For Women In Academia -- Introduction, Carmen G. Gonzalez, Angela P. Harris

Carmen G. Gonzalez

Presumed Incompetent is a pathbreaking account of the intersecting roles of race, gender, and class in the working lives of women faculty of color. Through personal narratives and qualitative empirical studies, more than 40 authors expose the daunting challenges faced by academic women of color as they navigate the often hostile terrain of higher education, including hiring, promotion, tenure, and relations with students, colleagues, and administrators. One of the topics addressed is the importance of forging supportive networks to transform the workplace and create a more hospitable environment for traditionally subordinated groups. The narratives are filled with wit, wisdom, and …

Affirmative Action As A Dimension Of Diversity Management: Perceptions Of South African Sport Federations, Anneliese Goslin, Darlene Kluka

Journal of Global Initiatives: Policy, Pedagogy, Perspective

Affirmative action in the transformation process of South African sport aims at balancing the concerns of white sport participants with the aspirations of participants of color. The aims of this study are to determine perceptions of South African sport federations in diversity management and the affirmative action profile of South African sport federations, and to suggest strategies to manage affirmative action. A Likert scale questionnaire evaluated perceptions of 32 sport federations on affirmative action factors. Below-average scores were recorded on affirmative action policy and the provision of specialized training opportunities. Political rather than managerial reasons are regarded as the leading …

Analysis Of Affirmative Action Plans Adopted By Milwaukee Area Joint Apprenticeship Committees, Lois M. Quinn

ETI Publications

In 2006 and 2010, the state Bureau of Apprenticeship Standards provided copies of the affirmative action plans adopted by Milwaukee area local joint apprenticeship committees (JACs) in response to an open records law request from the NAACP Milwaukee Branch. This paper examines the documents provided to the NAACP in light of standards established by federal and state regulations governing construction trade apprenticeship programs. A brief summary is also included of the federal code of regulations (29 CFR 30) and the Wisconsin Administrative Code (DWD 296) governing affirmative action requirements for apprenticeship sponsors.

Losing Ground: 2010 Report Card On Apprentices In The Construction Trades, Lois M. Quinn

ETI Publications

This report provides racial/ethnicity and gender data on apprentices by construction trade joint apprenticeship committee, as of January 2010, based on data provided to the NAACP – Milwaukee Branch by the Wisconsin Department of Workforce Development Bureau of Apprenticeship Standards. The hiring patterns of 16 union joint apprenticeship committees serving the Milwaukee area are analyzed and report cards provided for 341 contractors with apprentices. A second analysis examines the hiring patterns of 102 nonunion contractors with apprentices. This is the third report prepared by the NAACP and ETI to track hiring and training of apprentices in the construction trades. Construction …

Remedial Strategy Or Subliminal Racism? A Comparative Study On The Origins Of Affirmative Action Policies In South Africa And Malaysia, Chen-Yu Wu

Award Winning Sociology Papers

In contrast to most countries with affirmative action policies, Malaysia and South Africa have both established policies whose intended beneficiaries make up the majority of their respective populations. Despite their many social and historical similarities, the rationales employed by both states to justify their affirmative action policies turned out to be extremely different: Malaysia's justifications were “retributive” in nature, whereas South Africa's justifications were “restitutive.” This comparative-and-historical paper seeks not only to determine the factors that caused these different outcomes, but also to provide an alternate perspective to existing scholarship on affirmative action policies, most of which focus on minority-beneficiary …

Race, Merit, And College Admissions, Luke S. Tripp

Ethnic and Women's Studies Working Papers

Is it fair to include race in the criteria for admission to highly selective colleges and universities so that Blacks will be present in greater numbers on college and university campuses? This is a central question in the affirmative-action controversy. To address this key question we will focus on prestigious institutions of higher education because that is where affirmative action policies are most controversial. Therefore, we will consider some of the most compelling arguments of opponents and proponents of affirmative action programs and policies at prestigious colleges and universities.

Who Gets Construction Jobs And Where? Employment Of African Americans, Hispanics And Total Minorities In The Construction Industry And Construction Trades In The Milwaukee Msa, John Pawasarat, Lois M. Quinn

ETI Publications

This report uses three decades of U.S. Census data to assess employment patterns by race/ethnicity in the construction sector and construction trades in the City of Milwaukee, Milwaukee County, and the four-county Milwaukee MSA. Historical participation of African Americans and Hispanics in construction occupations are tracked for 1980, 1990 and 2000, using Census Special Equal Employment Opportunity (EEO) Tabulation files. Worksite analysis and maps using Census 2000 place-of-work data only recently made available show where whites, African Americans, and Hispanic workers are employed. Worksite employment is analyzed using place-of-work special tables from the Census Transportation Planning Package (CTPP2000), released in …

Report Card On Minority And Female Participation In Construction Trade Apprentices In The Milwaukee Area: Who's In The Pipeline For Skilled Construction Trades, Lois M. Quinn, Ruth Zubrensky

ETI Publications

This report provides racial/ethnicity and gender data on apprentices in the construction trades in the Milwaukee metro area from 1999 to 2005. The data has been supplied by the Wisconsin Department of Workforce Development (DWD) Bureau of Apprenticeship Standards (BAS). The report analyzes these records to drill down to the level of individual employers and joint apprenticeship committees, where decisions are made related to employment of apprentices. Report cards are provided for 475 Milwaukee area companies with construction trade apprentices, 14 Milwaukee and Waukesha area joint apprenticeship committees (JACs), one statewide committee, and one non-union program.