The U.S. Civil Rights Act and Affirmative Action

Title VI, Sec. 601

No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance.

Title VII, Sec. 703

(a) It shall be an unlawful employment practice for an employer (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or (2) to limit, segregate or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin.

(j) Nothing contained in this title shall be interpreted to require any employer, employment agency, labor organization, or joint labor-management committee subject to this title to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, or national origin in any community, State, section, or other area, or in the available work force in any community, State, section, or other area.

Title VII, Sec. 704

(b) It shall be an unlawful employment practice for an employer, labor organization, or employment agency to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification, or discrimination based on race, color, religion, sex, or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, or national origin when religion, sex, or national origin is a bona fide occupational qualification for employment.

(Emphasis Added)

According to the National Organization for Women (NOW), under the heading of "The Origins of Affirmative Action" President Johnson's 1965 Executive Order 11246, which required federal contractors to "take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin," was the first instance of the phrase "affirmative action."

NOW even claims that Title VII of the Civil Rights Act, which makes discrimination illegal, is amoung the "other equal protection laws" that somehow justifies Affirmative Action, making some more equal than others... An Act which expressly forbids "preferential treatment to any individual or to any group."

NOW isn't that a perfect example of Orwellian DoubleSpeak? An Act of Congress, which forbids discrimination based on race or sex, and an Executive Order which seeks to ensure that applicants are hired without regard to race, are used to justify Affirmative Action hiring practices which are based solely on race or sex.

NOW I realize that since that time, activist Courts have "interpreted" the clear language of the Act to mean exactly the opposite of what it says. Only a liberal, activist judge such as Supreme Court Justice Brennan could believe it means, like the Red Queen, whatever he says it means. As Thomas Sowell says, "Justice William Brennan's "interpretation" of it 15 years later in the Weber case to permit group preferences and quotas was an exercise in raw judicial power, based on sheer gall and a defiance of anybody to do anything about it. One of the dissenting justices likened Justice's Brennan's evasion of the law to the great escapes of Houdini."

This is the same type of "interpretation" the courts have undertaken concerning the First and Second Amendments, in clear violation of the clear intent of the Founders; twisting the meanings of words and phrases to be exactly the opposite of the Founders intent.

NOW further states that "Much of the opposition to affirmative action is framed on the grounds of so-called 'reverse discrimination and unwarranted preferences.' In fact, less than 2 percent of the 91,000 employment discrimination cases pending before the Equal Employment Opportunities Commission are reverse discrimination cases. Under the law as written in Executive Orders and interpreted by the courts, anyone benefitting from affirmative action must have relevant and valid job or educational qualifications."

"The law as written in Executive Orders and interpreted by the courts..." Exactly... The Constitution, the highest law of the land, vests all legislative powers in Congress, and the intent of Congress in this Act is perfectly clear.

As a White Male, with over thirty years experience of Affirmative Action, let me tell you how it really works. I have never brought a case to the EEOC, even when I felt I was clearly discriminated against because of my race or gender. How do I prove that I was discriminated against? Of the many jobs I have applied for, how do I know who they hired in my place, and what their qualifications where, beyond being the "right" race or gender? And exactly which organization can I turn to to help me prove my case? If I were a minority, I could pick from many organizations that would be more than happy to take my case, on campus, or at the local, state, or national level... But where does a White Male go to for help?

Over the years, there have been countless times I felt I was the best qualified candidate for a job, but did not get the position. Here in Southern New Mexico, after graduating from New Mexico State University, I have applied for many positions at the University, as well as County government, City government, and Federal positions. Never even got an interview.

In the mid-1980s, after working as a Temp in the Property Section at the High Energy Laser Site Testing Facility, there was a change of contract. I was thoroughly familiar with every piece of equipment and fitting in the facility, having inventoried it all several times, set-up and ran the Computer Spares section, could run the Tool Crib, drive a semi-truck, any forklift, and do just about anything in the section.

When the change of contract happened, I was let go and a woman was hired in my place, whose only qualifications seemed to be that she was female. She couldn't do inventory, let alone drive a forklift or semi-truck, which were all necessary to the job. And beyond that, I'm told her husband had a $50,000 a year job, and they lived down near the river, in the nice part of town.

Meanwhile I and my family, with a three year old son, living in our poor old 8 x 35 travel trailer, went on food stamps for the next six months. Those feminazis who might take delight in a woman taking a man's job might want to bear in mind that my wife and son also suffered for it. My wife is a woman, by the way, who Chose to stay at home and take care of our son, so we were both unemployed. Her Right to Choose, right?

So I decided to go back to school... I enrolled at the Community College, and recieved an Associates Degree in Electronic Service, with an emphasis on Computers, then went on to get a Bachelor of Science Degree in Geography. Though I was on the Dean's Honor List for over six semesters, and an Outstanding College Students of America for 1989-90, and applied for scholarships every semester, I never got one. The scholarships posted on bulletin boards around the University were always for "minorities" and women. I had to get Student Loans and put tuition costs on my credit card, (since tuition was always due one week before Student Loans and grants became available). Nearly ten years later, I am still paying for them, while having to get deferments because I have been unemployed so often. Those are costs of Affirmative Action.

While working as a Workstudy in the Foreign Language Lab, for several years there was no Lab Director. I ran the lab, doing essentially everything a Lab Director would do, but being paid as a Work Study Lab Aide. When a permanent Director was hired, it was a Hispanic Woman, who I trained in all aspects of Lab Operation, on my own time, for free, during the summer months. When I graduated, being a Work Study, I was let go, of course.

Since that time, in June of 1993, I have applied for many, many jobs here in Southern New Mexico, and not been hired once. I received what few jobs I have had through knowing someone personally. You would think a person with two college degrees, one in Computer Service and one in Geography, could find something... but not if everyone else applying for the position is given preference.

And by the way, let me give you an example of the racial bias being taught our University students. In a Sociology course, during a lecture on a study of White attitudes toward socioeconomic status differences, we were shown on the blackboard the various percentages of people in poverty, by race, and the impression given was that minorities were doing so much worse than Whites. Only 10.7% of Whites were below the poverty line, while the numbers were 28.1% of Hispanics and 31.9% of Blacks. The question asked of Whites in this study was, what were these differences due to? ...discrimination, ability, education, motivation?

The important facts, to me, were not the racist responses of Whites to this question, but the racist presentation of the numbers in poverty. After the class I walked and talked to the Professor, and asked him... "But considering that there are 200 million Whites, and only about 30 million Blacks, doesn't that mean that there are 21.4 million Whites in poverty, while only 9.3 million Blacks live in poverty? Over twice as many. Do we just forget about them? Why don't you point this out in class, and talk about them?" And his answer to me was, "We HAVE to teach it like this." ...Implying that this was discussed in faculty meetings, and it was purposely decided to present the facts in this distorted manner... in order to only discuss the racist attitudes of Whites, and the percentage of minorities in poverty.

Minority groups are called a minority because THERE AREN'T AS MANY OF THEM. Understand? Comprende? If there were only ten Blacks in America, and five of them were unemployed... yes, 50% of Blacks would be unemployed, but still only five people... versus 21.4 million Whites.

When do those 21.4 million Whites get a chance to raise themselves above the poverty line? When the percentage of Blacks and other minorities is 100%? This is how statistics lie, and liars use statistics to lie to the American people.

This is how Affirmative Action really works. Minority and women applicants may have "relevant and valid job or educational qualifications," but are not necessarily the best qualified for the position. Perhaps they have not worked for many years gaining the experience as I did, or I would not have had to train them for the position they were taking in my place. I doubt they had to take out School Loans to pay for their education, and pay them back forever, as I do, since they were "qualified" by reason of their race or gender to recieve scholarships.

And then, to top it all off, when they graduate, they get preferential treatment in hiring practices!

No, Affirmative Action is not something wonderful and right. To count it as among our "equal protection laws" is the height of lunacy and Orwellian DoubleSpeak. It may seem wonderful to those on the receiving end of preferential treatment, but that is Rationalization, not Logic. Would you think it so wonderful if White Males were given preference in scholarships, school entrance, employment? No?... Then why is it OK to give preference to everyone except them?

Yes, there were injustices committed. Inequalities and hiring practices of an earlier day, committed over thirty years ago. So the solution is to continue discrimination, but in reverse? White Males did enjoy preferential treatment, so now I have to make up for it by going to the Back of the Bus, so that minorities can catch up?

I have never discriminated against anyone based on their race or sex, and I don't appreciate being discriminated against. My father was a hard-working man, with only a High School diploma, who never asked for special treatment from anyone. He taught me that hard work and an education would pay off, and it did for him, working in the 1940s and 50s... But my work experience and education haven't meant much to me since going into the workforce in the late 60s except for unemployment and debt. For me, it has mainly been a nightmare of rejection and despair, because all of my experience and education count for little against the new criteria. Hard work and Education... the mantra my father taught me is still chanted throughout the land, but it is no longer true, and hasn't been true for thirty years. Not if the real criteria used in admissions and hiring is that a certain racial or gender quota has not yet been filled.

If Race and Gender are a qualification, more important than experience or education, how do we know, how can anyone in America know, that any particular person of minority status is truly capable and competent in the position they fill?

It would seem to me that minority groups and women would want to be known as just as capable and competent as White Males, but apparently that is not the case. It can never be the case so long as Affirmative Action in used to give someone preferential treatment, based on race or gender.

Yes, Affirmative Action may be the American Dream for some, but for others, such as myself, and for much of America, it has been a Never-Ending Nightmare.

For more information on the fight for Equal Rights for All Americans:

American Civil Rights Institute