ERIC ED414371: Common Ground. Perspectives on Affirmative Action...and Its Impact on Asian Pacific Americans.

43 Pages·1996·1 MB·English

by  ERIC

DOCUMENT RESUME
UD 032 030
ED 414 371
Lew, Gena A., Ed.
AUTHOR
Common Ground. Perspectives on Affirmative Action...and Its
TITLE
Impact on Asian Pacific Americans.
Leadership Education for Asian Pacifics (LEAP) Asian Pacific
INSTITUTION
American Policy Inst.
Ford Foundation, New York, NY.; Carnegie Corp. of New York,
SPONS AGENCY
NY.; James G. Irvine Foundation, San Francisco, CA.; ARCO
Foundation, Los Angeles, CA.
1996-00-00
PUB DATE
NOTE
41p.
Asian Pacific American Public Policy Institute, 327 East
AVAILABLE FROM
Second Street, Suite 226, Los Angeles, CA 90012-4210, $3;
fax: [phone]; e-mail: [email protected]
Collected Works - General (020) -- Reports - Evaluative
PUB TYPE
(142)
MF01/PCO2 Plus Postage.
EDRS PRICE
*Affirmative Action; *Asian Americans; Attitudes; *Diversity
DESCRIPTORS
(Student); Elementary Secondary Education; *Equal
Opportunities (Jobs); Higher Education; Legislation;
Minority Groups; *Pacific Americans; Political Influences;
*Racial Discrimination
*Contract Employment; Contractors
IDENTIFIERS
ABSTRACT
This collection of policy papers is intended to educate and
inform business and community leaders, policymakers, the Asian Pacific
community, and the general public about the complex issues and far-reaching
implications of the affirmative action debate on Asian Pacific Americans as
well as all Americans. Essays are grouped into sections on discrimination and
the need for affirmative action legislation, promoting diversity in higher
education, eliminating barriers in employment and contracting, and the impact
of anti-affirmative action measures. The following essays are included:
(1)
"Separate but Equal: Discrimination and the Need for Affirmative Action
Legislation" (Karen K. Narasaki, with additional essays under the same title
by Rockwell Jaowen Chin and Brian Cheu, Juanita Tamayo Lott, Dale Minami, and
"The Asian American Factor: Victim or Shortsighted
Ron Wakabayashi);
(2)
"Affirming
Beneficiary of Race-Conscious Remedies?" (Henry Der);
(3)
(4) "Affirmative Action under Attack"
Affirmative Action" (Chang-Lin Tien);
"The Persistence of Inequality" (Paul M. Igasaki);
(David R. Barclay);
(5)
"Public Contracting Opportunities for
(6) "Rebuild LA" (Linda Wong);
(7)
Minority & Woman Entrepreneurs" (Edwin M. Lee and essays under the same title
by Stewart Kwoh, Kathryn K. Imahara, and Elsie V. Hui, William H. Marumoto,
"Impact of Anti-Affirmative Action Measures" (Antonia
and Benjamin Seto);
(8)
"We Won't Go
"Affirmative Action Choices" (Frank H. Wu);
Hernandez);
(10)
(9)
Back" (Lillian Galedo, with another essay under the same title by Kent Wong);
(11) "The Face of Affirmative Action" (Warren T. Furutani) and a closing
essay under that title by Jackie Young, Governor of Hawaii. (SLD)
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Minor changes have been made to improve
ASIAN PACIFIC AMERICAN
LEAP
reproduction Quality.
PUBLIC POLICY INSTITUTE
Points of view or opinions stated in this docu-
A LEAP Organization
ment do not necessarily represent official
TO THE EDUCATIONAL RESOURCES
OERI position or policy.
INFORMATION CENTER (ERIC)
Perspectives
on
Affirmative Action
...and its impact
on
Asian Pacific Americans
"separate but equal?"
Discrimination & the Need for
Affirmative Action Legislation
"racial preferences?"
Promoting Diversity in Education
"a level playing field?"
Eliminating Barriers in
Employment & Contracting
"moving toward a colorblind society?"
Impact of Anti-Affirmative
Action Measures
a publication of the LEAP Asian Pacific American Public Policy Institute
3
COPY AMIABLE
2
own state's hiring and contracting pro-
by affirmative efforts to attend local col-
ace. It determines much of
grams.
leges at minimal expense.
who you are and how you are
perceived by others. Race is
Because our mission is to achieve full
In the workplace, the widespread per-
a constant undercurrent in
participation and equality for Asian
ception of Asian Pacific Americans as
all of our daily interactions. Whether
easily assimilated, hardworking over-
Pacific Americans, LEAP has adopted a
the American public acknowledges it or
formal position to strongly support the
achievers who lack management skills
not, our volatile state of race relations
continuation of affirmative action pro-
often translates into the very real per-
is constantly simmering under the
grams and for the continued participa-
sistence of a double-edged sword: we
"beautiful mosaic" facade of the most
tion of Asian Pacific Americans in these
are considered neither an under-repre-
diverse society in the world.
programs. To further our goal of edu-
sented minority group, nor are we con-
cating others on issues central to the
sidered worthy of leadership positions.
The tenuous issue of race is the primary
Asian Pacific American community,
Caught in this no-man's land, Asian
factor underscoring the current debate
LEAP is publishing and disseminating
Pacific Americans are trapped by the
over affirmative action. Although the
this diverse sampling of essays written
glass ceiling with little recognition or
debate has been narrowly framed
by members of our community who
around the notions of eliminating
support from whites or other minori-
find it necessary to speak out in sup-
"preferential treatment," achieving a
ties.
port of affirmative action.
"colorblind society," and returning to
And after decades of exclusion in pub-
a "level playing field," the struggle over
We hope that this collection of policy
lic contracting, Asian Pacific Americans
affirmative action is merely a symptom
position papers will educate and inform
are slowly beginning to gain entry and
of this nation's larger debate over race
business and community leaders,
to establish business relationships, pri-
relations in a shifting social and eco-
policymakers, our Asian Pacific Ameri-
marily due to affirmative programs that
nomic climate.
can constituents, and the general pub-
eliminate discriminatory barriers.
lic alike. This publication's intent is to
The debate goes far beyOnd affirmative
All Athericans should remember and
introduce readers to the complex issues
action and' will continue as long as'
learn from this society's extensive his-
and the far-reaching implications of the
there is anxiety over the,changing sta-
tor)/ Of overt discrimination, much of
affirmative action debate on Asian Pa-
tus quo driven by persistent institution-
which is shockingly recent. Further, we
cific Americans, as well as all Ameri-
alized racism.
should'all acknowledge the persistence
cans.
of discrimination today, whether
Asian Pacific AmericanS must be in-
Even after more than 30 years of legis-
cloaked in anti-immigrant hysteria, the
volved in tlilarger debate, as well as
glass ceiling, or unfounded claims of
lated non-discrimination, racism stub-
in the affikmad-Ve'actionissue nowlie
bornly persists. We are far from a
,reverse discrimination.
fore us. We have a large stake in the;
colorblind society; the playing field is
final outcome: Too often we have Will-
And finally, we must realize the corn-
hardly level. We are now standing on
ingly swallowed the model minority
pelling need for the continuation of
the brink of a powerfully diverse and
myth and further, distanced ourselves
affirmative programs to guard against
just society. We hope that the follow-
from other 'historically -discriminated
persistent discrimination. Affirmative
ing essays will help readers recognize
minority groups. We do not always rec-
--actiony though not the final solution
that, in the words of Justice Harry A.
ognize that the gains of African Ameri-
to ending racism, is a valuable tool to
Blackmun, "In order to get beyond rac-
cans in the Civil rights movement were
ensure that discrimination does not
ism, we must first take account of race,"
crucial in paving the way for the rpid
occur and to protect equal opportunity
and to reaffirm the conviction that af-
strides that Asian Pacific Americans;sas
for all qualified individuals.
firmative action is a valuable and nec-
well as other minority .groups, have
essary step to achieving true diversity.
The LEAP Asian Pacific American Pub-
been fortunate. to make in recent years.
lic PO-licy Institute has become increas-
Our country is destined to be the most
Our diverse communities are in \the
ingly concerned with the intensity of
diverse society in the world. We must
unique and' curious position of being,
attacks on our ethnic communities. We
take every effort to ensure that our in-
both "helped" and- "hindered" by af
are disturbed that as Asian Pacific
stitutions embrace this diversity so that
firmative action. Many'perhaps would
Americans, we are often misrepre-
,
we can best meet the challenges of our
point to Asians as living proof of the"-
sented, resulting in a broad public per-
future.
American Dream. But to think that
ception of Asian Pacific Americans as
Asian Pacific Americans have succeeded
"the model" for other minorities to
in this country and will be untouched -,
emulate.
by anti-affirmative action measures is
Furtherywe are especially alarmed at the
extremely misguided.,
growing frequency and popularity of
While some Asian Pacific American
J.D. Hokoyama
measures to recklessly eradicate affirma- Gena A. Lew
groups are well-represented at Ivy
President
tive action programs, such as the recent
Editor
League universities, others who are less
vote by the UC Board of Regents and
fortunate struggle to overcome the
Governor Pete Wilson's attack on his
model minority stigma and are enabled
common ground
2
Timeline
4
Essays
5
"separate but equal?"
Discrimination & the Need for Affirmative Action Legislation
Karen K. Narasaki
5
National Asian Pacific American Legal Consortium
Rockwell J. Chin & Brian Cheu
8
National Asian Pacific American Bar Association
Juanita Tamayo Lott
9
Tamayo Lott Associates
Dale Minami
11
Coalition of Asian Pacific Americans
Ron Wakabayashi
12
Los Angeles County Human Relations Commission
"racial preferences?"
Promoting Diversity in Higher Education
Henry Der
13
Chinese for Affirmative Action
Chang-Lin Tien
19
University of California, Berkeley
"a level playing field?"
Eliminating Barriers in Employment & Contracting
David R. Barclay
21
Hughes Electronics Corporation
Paul M. Igasaki
23
Equal Employment Opportunity Commission
Linda Wong
25
Rebuild LA
Edwin M. Lee
27
San Francisco Human Rights Commission
Stewart Kwoh, Kathryn K. Imahara, Elsie V. Hui
28
Asian Pacific American Legal Center of Southern California
William H. "Mo" Marumoto
30
The Interface Group, Ltd./Boyden
Benjamin Seto
31
Asian American Journalists Association
"moving toward a colorblind society?"
Impact of Anti-Affirmative Action Measures
Antonia Hernandez
32
Mexican American Legal Defense and Educational Fund
Frank H. Wu
33
Howard University School of Law
Lillian Galedo
34
Filipinos for Affirmative Action
Kent Wong
36
Asian Pacific American Labor Alliance
Warren T. Furutani
37
Warren Furutani & Associates
Jackie Young
38
Governor's Office of Affirmative Action, Hawaii
Resources
39
Printed as a community service by Rockwell
©1996 Leadership Education for Asian Pacifics. All Rights Reserved.
3
Pevspeagiues oon Affliveraniilve Ration
4
Affirmative action encom-
1972
Congress passes the Civil Rights
Congress passes the Equal Em-
1991
ployment Opportunity Act, allowing
Act of 1991 in response to Wards Cove
passes any measure, beyond
and similar employment discrimina-
simple termination of dis-
civil lawsuits against companies for dis-
tion cases. The Act reinstitutes the le-
criminatory employment practices.
criminatory practice, which
gitimacy of using statistical disparity,
expands opportunity by permitting the
Congress passes the Educa-
1972
consideration of race, national origin,
and places the burden of proof back on
tional Amendments of 1972. Title IX
sex, or disability, along with other cri-
employers. The Act, however, contains
prohibits sex discrimination in feder-
an ironic provision, exempting the
teria, where discrimination has been
ally-funded educational institutions,
proven to exist. Affirmative action as
Wards Cove corporate defendant from
requiring them to take specific steps to
we know it today is a conglomeration
coverage.
encourage individuals of the previously
of a process of fragmented court orders,
excluded sex to apply for admission.
1995
The Federal Glass Ceiling Com-
congressional legislation, and presiden-
mission confirms the existence of a
tial mandates.
1978
In Bakke v. University of Califor-
glass ceiling that effectively excludes
nia, the Supreme Court issues its first
the advancement of women and mi-
President Franklin D. Roosevelt
1941
major decision on affirmative action,
norities, and finds that white males
requires defense contractors to pledge
upholding the right to use race as a fac-
continue to dominate Corporate
nondiscrimination in employment on
tor in university admissions, but pro-
America, occupying 95-97% of senior
the basis of race, creed, color or national
hibiting quotas.
management positions.
origin.
1979
In United Steelworkers of America
June 1, 1995
California Governor
1954
In Brown v. Board of Education,
v. Weber, the Supreme Court holds that
Pete Wilson issues an executive order
the Supreme Court overrules the "sepa-
voluntary, private, race-conscious affir-
rate but equal" doctrine and declares
dismantling most of the state's affirma-
mative action plans are legal, so long
tive action efforts in hiring and con-
racially segregated public schools un-
as they are temporary and do not pre-
tracting.
constitutional, implicitly approving the
clude employment opportunities for
race-conscious remedy of integration.
June 12, 1995
whites.
In Adarand Contrac- '
President Kennedy creates the
tors v. Perla, the Supreme Court requires
1961
1980
In Fullilove v. Klutznick, the Su-
President's Committee on Equal Em-
federal agencies to adhere to the "strict
preme Court upholds Congress' author-
ployment Opportunity. Federal execu-
scrutiny" standard as imposed on state
ity to mandate limited use of racial and
and local governments in the 1989
tive agencies are told to integrate their
ethnic criteria in awarding public con-
workforce.
Croson case.
tracts to eliminate barriers to minority
After a four-month re-
July 19, 1995
1964 Congress passes the Civil Rights
access.
view of federal affirmative action pro-
Act. Title VII of the law makes it illegal
1989
Richmond v. Croson represents
for public and private sector employ-
grams, President Clinton says affirma-
the Supreme Court's first application of
ers to discriminate against workers
tive action has been "good for America"
the "strict scrutiny" standard, ruling
and that the nation should "mend it,
based on race, color, religion, sex, or
that city and state officials may not
not end it."
national origin.
steer contracts towards minorities, ex-
cept to make up for a clear history of
July 20, 1995
President Johnson issues an ex-
1965
Board of Regents of the
University of California votes to stop
discrimination and to advance a com-
ecutive order requiring federal contrac-
using "race, religion, gender, color,
tors to "take affirmative action" to en-
pelling state interest.
sure that they do not discriminate
ethnicity or national origin" as criteria
1989
In A tonio v. Wards Cove Packing
in its admissions policies and hiring
against workers because of race, creed,
Co., the Supreme Court shifts the bur-
color, or national origin. Two years
and contracting practices.
den of proof from employers to em-
later, gender is added to that list.
ployees, making it difficult for workers
August 10, 1995 Governor Pete Wil-
son files lawsuit with the California
President Nixon sets goals for
to challenge workplace discrimination.
1969
state Court of Appeals, declaring his
hiring minority contractors. His admin- The court also rules that discrimination
own state's affirmative action hiring
istration later presses colleges to set
cannot be proven by solely relying on
and contracting plans unconstitu-
goals for increasing their numbers of
statistical evidence.
tional.
minority students and faculty.
1990
In Metro Broadcasting v. F.C.C.,
S
the Supreme Court reaffirms the con-
1971
In Griggs vs. Duke Power Co., the
stitutionality of race-conscious rem-
Supreme Court rules that hiring stan-
dards that effectively exclude minori-
edies adopted by Congress that achieve
important governmental objectives. In
ties are illegal unless employers show
them to be a job-related business ne-
this case, expanding minority partici-
S
pation in broadcasting was found to
cessity.
ASIAN PACIFIC AMERICAN
achieve the objective of enhancing
E
PUBLIC POLICY INSTITUTE
broadcast diversity.
aang)
Organization
A
5
common ground 4
Karen K. Narasaki
Discrimination
National Asian Pacific American Legal Consortium
Karen K. Narasaki is the Executive Director of the National Asian Pacific American Legal Consor-
tium, a nonprofit organization whose mission is to advance the legal and civil rights of Asian
and the
Pacific Americans. Ms. Narasaki has served in Washington, D.C. for the past four years as an
advocate for Asian Pacific concerns.
At present, there are approximately 7.3
tion was further restricted by the Im-
Need for
million Asian Pacific Americans who
migration Act of 1917 which banned
constitute about 3 percent of the U.S.
immigration from almost all countries
population. This number is rapidly in-
in the Asia-Pacific region and by the
Affirmative
creasing, making Asian Pacific Ameri-
Immigration Act of 1924 which banned
cans the fastest growing minority group
immigration of persons ineligible for
today. Yet very little is commonly
citizenship. In addition, the Tydings-
Action
known about Asian Pacific American
McDuffie Act of 1934 placed a quota of
history or current circumstances, and
50 Filipino immigrants per year.
much of what is known is plagued by
Legislation
Employment and Business
myths and stereotypes.
Asian immigrants who managed to
The Asian Pacific American experience
enter the U.S. became the victims of
is replete with instances of institution-
other forms of discrimination. As early
alized discrimination, yet some Ameri-
as the 1850's, states enacted various
cans believe that Asian Pacific Ameri-
laws which targeted Asians by taking
cans should not be covered by affirma-
advantage of the discriminatory nature
tive action programs. This belief ignores
of naturalization laws. California im-
not only the historic legacy of discrimi-
posed a "foreign miner's tax" which
nation, but the limits on the progress
taxed non-citizen miners.' As intended,
of Asian Pacific Americans today.
virtually all of the $1.5 million collected
under the "foreign miner's tax" came
For the reasons set forth below, the
from Chinese miners.
National Asian Pacific American Legal
Consortium strongly supports the con-
Other laws were less subtle, such as the
tinuation of affirmative action pro-
1862 California tax on Chinese living
grams and the participation of Asian
in the state and the state law prohibit-
Pacific Americans in those programs.
ing California corporations and govern-
ment entities from hiring any Chinese
A History of Discrimination
employees. The California Alien Land
An examination of American history
Law Act of 1913 is another striking ex-
reveals that Asian Pacific Americans
ample. This law was primarily directed
have been the target of historic institu-
at Japanese immigrant farmers and pro-
tionalized discrimination. This offi-
hibited persons ineligible for citizen-
cially sanctioned discrimination led to
ship to purchase land. In 1920 it was
a history of anti-Asian violence and the
amended to bar long term leases and
internment of American citizens of
purchasing through American-born
Japanese descent during World War II.
children. In 1923, it was amended again
Immigration and Naturalization
to make contracts to grow and harvest
crops illegal. Twelve other states
In 1790, a law was passed allowing only
adopted similar laws, the last being
"free white persons" to become citizens.
Even after the law was changed to in-
Utah, Arkansas and Wyoming in the
clude African Americans, similar legis-
1940s. Upheld as constitutional, the
lation to include Asian Americans was
last law was not repealed until 1962.6
rejected) The Supreme Court upheld
Similarly, in 1922, the Supreme Court
the laws making Asian immigrants in-
upheld a law that aliens ineligible for
eligible for citizenship.' The last of these
citizenship cannot form corporations,'
laws was not repealed until 1952.3
and in 1945 California enacted legisla-
The Chinese Exclusion Act of 1882
tion denying commercial fishing li-
which prohibited the immigration of
censes to persons ineligible for citizen-
Chinese laborers, epitomizes this
ship.' At the time, Asians were the only
country's racist immigration laws.' In
racial group ineligible for citizenship.
1907, anti-Asian sentiment culminated
The case Yick Wo v. Hopkins9 is another
in the Gentleman's Agreement limiting
prime example. A San Francisco Laun-
Japanese immigration. Asian immigra-
6
Pevsemeives oW Mintraaniue
Aaron
5
discrimination claim. This company
tory impact on Asian Pacific Americans
dry Ordinance which prohibited laun-
and other minorities. The law school
who had maintained separate hiring
dries from having a wood construction
at Berkeley changed its policies as part
channels, and segregated eating facili-
was enforced only against Chinese
ties and housing for Asian Pacific
of a consent decree. Some programs at
laundries. The license renewal applica-
others are still
UCLA were cleared
American and Alaskan Native workers,
tions of Mr. Yick Wo, along with over
persuaded Alaskan Senator Frank
under review.
200 other Chinese laundry owners,
Murkowski to insert a section into the
were all denied despite the fact that
Progress Continues to be Limited by
Act to exclude their case, Atonio v. Wards
they had operated at the same sites for
Discrimination
Cove Packing Co., from coverage.
over 20 years. In contrast, the license
Affirmative action programs have
renewal applications by non-Chinese
played a critical role in opening up
Education
laundries were approved, even those
opportunities for women and minori-
Asian Pacific Americans have been his-
with wooden buildings. San Francisco
ties, but full equal opportunity has not
torically discriminated against in edu-
also enacted special taxes targeted at
yet been achieved. White men are 48%
cation as well. Similar to African Ameri-
Chinese laundries. From 1873 to 1884,
of the college educated workforce," but
cans at that time, Asian Pacific Ameri-
the Board of Supervisors enacted 14
hold over 90% of the top jobs in the
cans were segregated in the public
regulations targeting Chinese laundries.
news media,'5 and are over 90% of of-
school system. In 1860, California
In a similar vein, San Francisco passed
ficers of American corporations and
barred Asian Pacific Americans from
the Cubic Air Ordinance requiring that
88% of the directors," 86% of partners
attending its public schools entirely.
living spaces have at least 500 cubic feet
in major law firms," 85% of tenured
After the California Supreme Court
of space per person and this law was
college professorships," 80% of the
ruled that this was unconstitutional,
enforced only in Chinatown.'°
management level jobs in advertising,
the State set up a system of "oriental"
marketing and public relations."
schools and the California Supreme
Employment in the Civil Service was
Court upheld the constitutionality of
barred to legal permanent residents for
Recruitment, outreach, training, and
"separate but equal" schools for Asian
close to a century until 1976, when the
other measures have opened some
doors for Asian Pacific Americans, but
far less
barriers remain as evidenced by some
Voluntary affirmative action programs are
of the following statistics:
costly and disruptive to both the corporation
Americans
are
Pacific
Asian
and its workers than litigation.
underrepresented in construction
unions. Nationwide, Asian Pacific
Americans constituted less than 1%
Pacific American students in 1906. In
Supreme Court held that the law was
of construction unions in 1990, al-
national origin discrimination in
1927, the U.S. Supreme Court upheld
though they were 3% of the popula-
Mississippi's exclusion of Asian Ameri-
Hampton v. Wong Mow Sun.
can students from white schools."
tion. In New York, where Asian Ameri-
Starting in 1988, the Coast Guard be-
cans are almost 4% of the population,
In the early 1970s, frustrated Chinese
gan enforcing a long abandoned stat-
they were only 0.3% of the member-
American parents brought a class action
ute restricting aliens from operating
ship of construction unions.20
suit against San Francisco Unified
commercial fishing vessels solely
Less than 0.3% of senior executives
School District, alleging that unequal
against Vietnamese immigrants." An-
in the United States are of Asian de-
educational opportunities resulted
other impetus for discrimination
scent.21 U.S. born Asian American
from the District's failure to establish a
against Asian Pacific Americans began
men were between 7 and 11% less
program to address the limited English
with the passage of the Immigration Re-
likely to be in managerial occupations
proficiency of students of Asian ances-
form and Control Act in 1988, which
than white men with the same edu-
fined employers for hiring undocu-
try. In Lau v. Nichols, the Supreme Court
cation, work experience, English abil-
ruled that the District's failure to pro-
mented immigrants. A U.S. General
ity, region, marital status, disability
vide English language instruction vio-
Accounting Office study found that one
and industry work.22
lated the Civil Rights Act of 1964.
in five employers began discriminating
against Asian Pacific Americans and
Asian Pacific Americans are still ab-
In the 1980s, Asian Pacific Americans
Latinos upon the passage of that Act's
sent from public sector jobs where
charged universities such as Harvard,
employer sanctions provisions.'2
their presence would greatly enhance
UCLA and U.C. Berkeley with main-
the quality of the public services to
taining an admissions cap on Asian
Three years later, Congress passed the
the community. For example, Asian
Pacific Americans who were having to
Civil Rights Act of 1991 in response to
score higher on admissions tests than
Pacific Americans are only 2.5% of the
a series of Supreme Court decisions that
Los Angeles County Sheriff's office,
whites to win admissions. The Depart-
had eroded protections against employ-
ment of Education cleared Harvard
but 10% of the overall population of
ment discrimination. For the first time,
Los Angeles County. Only 1.4% of
when an admissions policy favoring
a civil rights law contained a special
public school teachers in the country
alumnae children was found to be per-
interest provision for a corporation that
missible, despite its clearly discrimina-
are Asian Pacific American.23
was a defendant in a class action race
common ground 6
Asian Pacific Americans are only
benchmarks by which to measure good
This is particularly a problem for Asian
faith efforts toward eliminating severe
1.83% of newspaper journalists.24
Pacific Americans who have historically
underrepresentation of qualified Asian
been underserved by the legal commu-
Whites with college degrees make al-
nity and tend to leave a company or
Pacific Americans in specific job catego-
most 11% more than Asian Pacific
institution rather than to litigate. Many
ries. For example, in 1988, the San Fran-
Americans with college degrees and
cisco Fire Dept. agreed to a race-con-
are unaware of their rights, face other
white high school graduates make
F..'
I NA151351G12:
26% more than Asian Pacific Ameri-
11-.471G-.
10. .1163
Whites with college degrees make almost 11
can high school graduates.25 U.S. born
Asian Pacific American doctoral sci-
more than Asian Pacific Americans with college degrees
entists and engineers earn only 92%
of that of white doctoral scientists and
engineers.26
scious hiring and promotion policy to
barriers to accessing the legal system or
remedy past discrimination against
believe that litigation will hurt their
Moreover, gender discrimination per-
women, Asian Pacific Americans and
individual reputations.
sists. While there have been significant
advances for women, 95% of the senior
other minorities.31
Moreover, government agencies cannot
managers of the Fortune 1000 indus-
do it alone. The EEOC already has
In education, affirmative action pro-
trial companies are male despite the fact
100,000 cases in its backlog. In addi-
grams include grants and graduate fel-
that women are over half of America's
lowship programs aimed at helping
tion, affirmative action is often the
adult population and close to half of
Asian Pacific Americans move into
most appropriate remedy when a com-
the workforce.27 In the Fortune 2000 in-
fields where their participation has
pany has been found to have discrimi-
dustrial and service companies, only
been discouraged or where there is an
natory practices by litigation. Volun-
5% of senior managers are women and
unmet community need. They also in-
tary affirmative action programs are a
virtually all of these are white women.28
clude outreach and education programs
far less costly and disruptive to both the
to increase the participation of Asian
Women remain severely under-repre-
corporation and its workers than liti-
Pacific Americans in apprenticeship
sented in most nontraditional occupa-
gation. Such programs improve oppor-
tions, but even where they are present
training in the skilled trades.
tunities for all women and minorities
in the corporation, while damage
in significant numbers they still face
For Asian Pacific American business
barriers. For example, women are 23%
awards or other nonaffirmative action
owners, affirmative action programs
of lawyers, but only 11% of partners in
remedies only help the few who sue.
include laws that encourage or require
law firms.29
government agencies and contractors
Second, focusing solely on economic
Even more disturbing, the number of
to do business with qualified minority-
disadvantage ignores the existence of
sex discrimination and sexual harass-
owned companies, as well as programs
plain, old fashioned racism and sexism.
ment charges is on the increase.
providing financial, management and
Race, national origin and gender dis-
crimination occur against minorities
Charges filed with the Equal Employ-
technical assistance to minority busi-
ment Opportunity Commission rose
and women regardless of socio-eco-
ness owners.
over 20% from 1993 to 1994.3°
nomic standing.
Affirmative Action Remains an
Affirmative Action for Asian Pacific
Economic disadvantage as a criteria will
Important Tool
Opponents of affirmative action must
not work in most employment settings.
Americans
In employment, affirmative action pro-
either mistakenly believe that discrimi-
It would particularly not be relevant in
grams include recruitment and out-
nation no longer exists or that there are
areas of great concern to Asian Pacific
reach efforts like advertising in ethnic
the elimination of glass
better alternatives. The most often sug-
Americans
media and additional search efforts to
gested alternatives are to increase en-
ceiling discrimination or wage dispari-
ensure qualified Asian Pacific Ameri-
ties where minorities and women are
forcement of anti-discrimination laws
or focus on economic disadvantage
discriminated against based on their
cans are part of the talent pool. It means
not
rather than race or gender.
the abolishment of total reliance on the
race, gender and national origin
"old boys network." It means review-
their income.
First, increased enforcement of anti-dis-
ing hiring and recruitment policies to
crimination laws does not obviate the
Finally, affirmative action addresses
adjust or remove requirements that are
need for affirmative action programs.
more than just the problem of unequal
unnecessary for the given job category
Significant increases in enforcement is
opportunity for individuals. It also en-
for example, unreasonable height
unlikely. Few can afford the cost and
sures that government services and so-
restrictions. It means reviewing promo-
time involved in litigation against cor-
cietal programs fully serve all commu-
tion policies to eradicate biases and pro-
porations and institutions with vastly
nities. For example:
viding training programs to give all
greater resources. Moreover many pro-
employees a fair chance at promotions.
Underserved communities find their
fessionals and other workers are afraid
needs better met when law enforce-
In cases where there is a particularly bad
to make claims and risk being labeled a
ment reflects the diversity of these
history of discrimination, it means the
troublemaker.
communities;
use of flexible goals and timetables as
8
Perspectives on Affirmative Action
7
o Medical and academic research has
22. Civil Rights Issues Facing Asian Americans in
LEAP Asian Pacific American Public Policy In-
the 1990s, U.S. Commission on Civil Rights,
stitute (1994).
become more wide ranging with the
p. 133 and n. 18.
U.S. Dept. of Labor, Women's Bureau, "Work-
27.
addition of women and minorities in
ing Women Count!" at 10 (1994).
23. The Washington Post July 7, 1992.
Federal Glass Ceiling Commission [FGCCI,
24. American Society of Newspaper Editors 1994
28.
those areas; and
Good for Business. Making Full use of the
employment survey.
25. The Washington Post, "Asian/Pacific Islanders
Nation's Human Capital, iii-iv (1995).
o Businesses are better able to compete
Trail Whites in Earnings -Comparable Educa-
Curan and Carson, American Bar Foundation,
29.
in the marketplace because affirma-
tion Fails to Close the Gap," September 18,
"The Lawyer Statistical Report" (1994).
Data compiled from unpublished EEOC
1992, (based on U.S. Census data).
30.
tive action has brought in workers
records by National Women's Law Center.
26. The State of Asian Pacific America: Economic
with diverse skills, background and
Diversity. Issues & Policies, "Scientists and En-
31. See U.S. v. City and County of San Francisco, 696
gineers," Ong & Blumenberg p. 188, n. 23,
F. Supp.1287 (N.D. Cal. 1988).
knowledge of their customers.
The attack against affirmative action is
Rockwell Jaowen Chin & Brian Cheu
an extension of the current anxiety
National Asian Pacific American Bar Association
many Americans have about the re-
Rocky Chin is a Supervising Attorney at the New York City Commission on Human Rights and the
structuring of the American economy.
Co-Chair of the Civil Rights Committee of NAPABA. With over 20 years of experience in Asian
Clearly, middle management jobs and
American affairs, he lectures in Asian American Studies at Hunter College and serves on numerous
good-paying blue collar jobs are disap-
boards.
pearing, but not because of affirmative
Brian Chen is a Discrimination Representative for the Human Rights Commission of the City and
action. Americans would be better
County of San Francisco, the Co-Chair of the Civil Rights Committee of NAPABA, and Co-Chair
of the Gay Asian Pacific Alliance. Prior to the Commission, Mr. Cheu was Supervising Attorney for
served if their political leaders had the
a mental health advocacy law project.
courage to confront the real challenges
The history and experience of Asian
into jobs where they have historically
rather than trying to shift responsibil-
been excluded. But for Asian Pacific
Pacific peoples in America is one of bla-
ity by scapegoating women and minori-
tant exclusion, incarceration, prejudice
Americans, it is important that we ac-
ties.
knowledge that both the 1965 Immi-
and anti-Asian violence. Two examples
P. Chew, William and Mary Law Review, Asian
1.
gration and Naturalization Act and the
from history are particularly illustrative.
Americans: The "Reticent" Minority and Their
Under the Chinese Exclusion Act of
1988 Civil Liberties Act could not have
Paradoxes, p. 13 (1995).
See Ozawa v. U.S, 260 U.S. 178 (1922).; U.S. v.
2.
come about without broad support
1882, Chinese were specifically ex-
Bhagat Singh Thind, 261 U.S. 197 (1923); and
from the civil rights movement, the
cluded by federal law from emigrating
In re Ah Yup, 1 F. Cas. 223 (Cir. Ct. D. Cal. 1878).
H. Kim, Ed., Dictionary of Asian American His-
3.
willingness of Congress and the Presi-
to the United States. This and other fed-
tory, Asian Americans and American Immigra-
eral immigration laws, along with the
dent to right wrongs, the vigorous sup-
tion Law by T. Knoll, pp. 52-3 (1986)
anti-Chinese movement which galva-
Civil Rights Issues Facing Asian Americans in
port of African and Latino leaders, and
4.
the 1990s, U.S. Commission on Civil Rights,
nized public opinion with its vicious
the support from our own communi-
p. 7 (1992).
images of Chinese as the "yellow peril,"
ties.
S. Chan, Asian Americans - An Interpretive
5.
History, p. 46 (1991).
contributed to the continuing percep-
See Porterfield v. Webb, 263 U.S. 225 (1923); Ter-
6.
Affirmative action programs were predi-
tion that Chinese and other Asian Pa-
race v. Thompson, 263 U.S. 197 (1923).
cated on a common understanding that
Yamashita v. Hinkle, 260 U.S. 199 (1922).
cific peoples are not American but
7.
discrimination based oft race and gen-
See Takahashi v. Fish & Game Comm'n, 334 U.S.
8.
"aliens" and "foreigners." Sixty years
410 (1948).
der was pervasive in American society
later, in 1942, persons of Japanese an-
118 U.S. 356 (1886).
9.
and that eradicating such discrimina-
10. Civil Rights Issues Facing Asian Americans in
cestry in America were rounded up and
the 1990s, U.S. Commission on Civil Rights,
tion required more effective measures.
incarcerated in concentration camps
P. 7
While affirmative action evolved into
11. See Vietnamese Fishermen Ass'n of Am. v. Yost,
with no evidence to support the mas-
No. C 89-3522WWS, 1989 U.S. Dist. (ND Cal.
a key part of America's national policy
sive denial of constitutional rights and
1989).
to end discrimination, the efforts to
12. Civil Rights Issues Facing Asian Americans in
civil liberties.
desegregate the workplace have been
the 1990s, U.S. Commission on Civil Rights,
at 149 fn. 104.
Congress eliminated the final vestiges
modestly successful, and minorities and
13. Civil Rights Issues Facing Asian Americans in
of these unfair immigration laws in
women are still underrepresented in
the 1990s, U.S. Commission on Civil Rights,
p. 9. See Gong Lum v. Rice, 275 Y.S. 78 (1927).
1965, and since then there has been
many industries and professions. The
14. Statistical Abstract of the United States, 1993,
dramatic growth in the Asian Pacific
bipartisan Glass Ceiling Commission
Table No. 234 at 154.
15. Newsweek April 24, 1989; Newsday, August
reports that "despite 30 years of affir-
American population. Congress also fi-
1, 1994 (quoting American Society of News-
nally dealt with the issue of Japanese
mative action, 95% of senior manage-
paper Editors).
internment, when it passed the Civil
ment positions are still held by white
16. M. Lowery, "The War on Equal Opportunity,"
Black Enterprise, February 1995.
men, who constitute only 43% of the
Liberties Act of 1988 and redressed the
17. National Law lournal, August 9, 1994.
wrongs done to persons of Japanese an- work force."
18. Orlando Sentinel, March 11, 1994; Statistical
Abstract of the United States, 1994, Table No.
cestry in America during World War II.
For Asian Pacific Americans, other mi-
637 at 407-410.
19. Statistical Abstract of the United States, 1994,
Today, these examples are not referred
norities, and women, breaking the glass
Table No. 637 at 407-410.
to as "affirmative action," primarily
ceiling is a major goal, yet statistics still
20. Civil Rights Issues Facing Asian Americans in
the 1990s, U.S. Commission on Civil Rights,
reveal the glass ceiling is a very real
because the term has been narrowed in
p. 153 (1992).
obstacle. Asian Pacific Americans are
scope to define certain specific types of
21. Korn/Ferry International, Korn/Ferry's Interna-
programs to desegregate the workplace
tional Executive Profile; A Decade of Change in
underrepresented on corporate boards
Corporate Leadership, (1990), Table 61, p. 23.
and in management. In public con-
and facilitate the entry of Americans
common ground 8
9
made from a pool of applicants already
tracting, hard evidence shows the dis-
reject the view that Asian Pacific Ameri-
parity between opportunities for mi-
can should be held to a higher standard
determined to be qualified for the job or
than majority race applicants. More-
nority contractors and opportunities
position, a fact often disregarded by crit-
ics of affirmative action. Many factors
make up a hiring decision, the reward-
...both the 1965 Immigration and Naturalization Act and the
ing of a contract or the admission of a
1988 Civil Liberties Act could not have come
student. Race and gender should con-
about without broad support...
tinue to be utilized as factors in those
fields where minorities and women
continue to be underrepresented. Affir-
over, in the overall decision-making
mative action measures are essential to
for similarly situated majority contrac-
process diversity can and should be a
the process of promoting equal oppor-
tors. In San Francisco, an MBE program
that included Asian architects as an
tunity whether in the legal system, the
factor.
workplace, schools or other institu-
MBE category was eliminated after
In summary, affirmative action has re-
tions. NAPABA supports affirmative ac-
years of successful bidding. During the
ceived strong bipartisan support from
following year, when bid preferences
tion programs and policies that seek to
Congress, executive political support
promote diversity and to remedy past
were no longer available to these Asian
from eight successive Presidents and
or current discrimination or to prevent
MBEs, not one company was awarded
continued endorsement from the busi-
discrimination from recurring in the
a government contract despite the sup-
ness community. It does not mean
posed goodwill built up during the
future based on race, ethnicity, nation-
"quotas" nor should it result in the low-
years of mandatory MBE bid prefer-
ality, gender or disability, and NAPABA
ering of selection or hiring standards.
opposes any legislation that seeks to
ences.
Hiring or admissions decisions are
limit the use of affirmative action.
Many Asian Pacific Americans have
raised concerns and even doubts about
ss ci tes
the benefit of programs which limit the
, a eye to
may© Lott
4a,
.1JaD z,9 nib
number of Asian admitted to educa-
Juanita Tamayo Lott is the President of Tamayo Lott Associates, a public policy consulting firm
tional institutions. Others have looked
based in the Washington, D.C. area and a former Division Director at the U.S. Commission on
Civil Rights. Ms. Tamayo Lott joined the LEAP Board of Directors in January 1995.
at the statistics where Asian Pacifics are
the largest minority group on many
the American population other ra-
On the 30th anniversary of Executive
cial/ethnic minorities, including Asian
private and public campuses and have
Order 11246 which mandated affirma-
tive action with respect to federal con-
argued that Asian Pacific Americans no Pacific Americans, women, the disabled
longer should benefit from affirmative
tractors', the debate on affirmative ac-
population, and socially and economi-
tion is being narrowly cast in three
action programs because we may now
cally disadvantaged individuals, regard-
be "overrepresented." Until the late
ways: which populations are affected,
less of race.
1970s, there were few Asian Pacific
what constitutes affirmative action, and
Recently, white women, the primary
Americans in educational institutions.
how long affirmative action programs
beneficiaries of affirmative action pro-
should continue. Such a limited view
The large percentages of Asians in the
grams, have entered the debate in sup-
University of California system have
is short-sighted and pits group against
port of current federal policy.2 Asian
come about since 1980 and are due in
group. The current questioning, assault,
Pacific Americans and other commu-
and/or defense of affirmative action
large part to the change in demograph-
nities must also articulate the fact that
ics and the acknowledged emphasis
should instead be viewed in terms of
affirmative action is a win-win situa-
Asian Pacific Americans place on edu-
two larger policy issues: 1) the role and
tion. Asian Pacific Americans must re-
cation. Asian Pacific American appli-
responsibility of a democratic govern-
affirm that the goal of equal opportu-
cants are, in fact, often held to higher ment to its residents, and 2) a balance
nity, embedded in law, distinguishes
between social justice and profits in a
standards for GA and SAT scores than
the United States from other nations.
many other groups, including whites.
post-industrial, capitalistic society.
Many generations of all our foreparents
But it is still unknown whether these
have fought bitterly with their time,
Affected Poptgantionts
graduates are getting the jobs and job
money and lives to uphold this prin-
The current debate has shifted from the
advancements commensurate with
underrepresentation and under-utiliza- ciple. We must continue their struggle
their educational levels and whether
tion of protected or historically disad-
for our children and future generations.
they are breaking through the glass ceil-
vantaged groups to possible adverse
Too much of the focus on affirmative
ing.
impact on the white population, par-
action is on the entry of people of color
We must be open to the idea that affir-
ticularly white males. More specifically
and white women into schools, disci-
mative action programs should assist
the black population is cast as unwor-
plines, and occupations traditionally
thy beneficiaries and white males as
underrepresented groups to reach par-
dominated by native born, white males.
ity. In some instances, there may be
victims. Rarely are other populations
Civil rights policies have opened new
mentioned. Less attention has been
historical reasons for creating more spe-
opportunities for all workers and stu-
cific goals and timetables. However,
given to the fact that affirmative action
dents. New educational programs (e.g.
has embraced a sizable proportion of
until the playing field is truly level, we
Povsemailives moo LiggintrooDive &Mon 9