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Affirmative Action Update
by Frederick E. Jordan
July/August 2000
AFFIRMATIVE ACTION PAYS

In the 1950ís serial of The Untouchables, the slogan "Crime Does Not Pay," doesnít stand true for
the crime of affirmative action under Californiaís Proposition 209. Proponents of Prop 209 claim that preferences are given to unqualified people such as Blacks and Latinos. However, in a study of the graduates from the University of Michigan Law School between 1970 and 1996, Blacks, Latinos and Native Americans admitted under affirmative action turned out to be just as qualified as their white colleagues. In other words, they made as much money, were as satisfied and successful in their careers and gave back to their community much more than their white counterparts.

Yet, last Februaryís report by a high profile 26 member Diversity Panel appointed by Californiaís Governor Gray Davis to "seek out ways of reaching out to diverse populationsÖwithout violating Proposition 209" has not been released. The most prominent of the groupís recommendations was for Davis to rescind three anti-affirmative action executive orders issued by former Governor Pete Wilson dismantling minority and women outreach programs and barring data on minority and women business contracting. In the saga of skirmishes around the passage of Prop 209, one of Wilsonís executive orders fired me from two state agency civil rights boards, but I returned with lawsuits to block two other anti-affirmative action executive orders.

Although a large number of white women voted for Prop. 209, ignoring that white women received the most benefits of any group from affirmative action, little attention has been given to the impacts of Prop 209 on women. Proposition 209 has led to a substantial decline in female faculty at UCís nine campuses. For example, although women received nearly 50 percent of all PhDís nationwide in 1998, faculty hires of 52% in 1995 dropped to 16% last year at UC Davis.

Meanwhile the Greenlining Institute in San Francisco attacked the Sierra Club for its environmental opposition to the new UC Merced campus, the first in two decades, while the Club remained virtually silent on the expansion of prisons (for Blacks and Latinos) from 12 to 33 over the past two decades. The Greenlining group suggested a Human and/or Higher Education Impact Study before the Club stops the development of the UC Merced campus in the substantial minority, low-income area of the San Joaquin Valley.

Finally, since access to capital is the greatest problem of African American businesses in this country, I collaborated with Greenlining Institute on an article in the American Banker newspaper (6/9/00) attacking "predatory loans" even when there is access to capital by the Black businessman. Small inner-city start-ups are often charged as much as 16% annual interest, 5% up-front origination fees, and penalties of up to 20% for being 30 days late with a payment. How can such micro businesses, saddled with high interest rates, compete with white owned small businesses that secure prime interest rates without origination fees? For Black and Latino businesses to compete, itís about leveling the playing field. Itís about affirmative action.

"America doesnít respect anything but moneyÖWhat our people need is a few millionaires."
                                                                                                                  Madame C. J. Walker