Reverse Discrimination

April 1995

 

WASHINGTON (AP) -- Affirmative action has caused very few claims of reverse discrimination by white people, says a Labor Department draft report. The author says his findings poke holes in the theory that it unfairly boosts minorities at the expense of white workers.

The report, prepared by Rutgers University law professor Alfred W. Blumrosen, found fewer than 100 reverse discrimination cases among more than 3,000 discrimination opinions by U.S. District Courts and Courts of Appeal between 1990 and 1994.

A ``high proportion'' of the reverse discrimination claims lacked merit, the review found. Reverse discrimination was established in six cases, and the courts provided appropriate relief in those cases, it said.

``This research suggests that the problem of `reverse discrimination' is not widespread; and that where it exists, the courts have given relief,'' Blumrosen wrote. ``Nothing in these cases would justify dismantling the existing structure of equal employment opportunity programs.''

The report, prepared for the Office of Federal Contract Compliance Programs, came as the White House is reviewing affirmative action programs, which were created to expand professional or educational opportunities for minorities and women.

The findings pleased civil rights activists. ``It further shatters one of the myths about affirmative action, that reverse discrimination is widespread,'' said Ralph Neas, executive director of the Leadership Conference on Civil Rights. ``Affirmative action is an American success story.''

The administration's review is designed to determine if affirmative action is used to benefit unqualified candidates for government jobs or contracts. Officials have said the review may lead to adjustments in some areas.

Senate Majority Leader Robert Dole, R-Kan., also is reviewing affirmative action programs. He gathered insights on the issue Thursday from a group of business representatives and activists, both black and white.

Keith Clinkscales, 31, president and chief executive officer for Vibe magazine, said affirmative action is ripe for review, but he wanted to urge Dole not to dismantle it for political expediency.

``If it wasn't for the program, I would not be sitting here. Everybody needs those breaks,'' Clinkscales said. ``This is a time to look at what works and what does not work, and stop lambasting the whole program. You can't let the egregious examples color your feeling on the entire program.''

The Labor study found affirmative action has helped five million minorities and six million women move up in the workplace since the 1960s. In 12 court cases, affirmative action programs were challenged and upheld. Six cases led to an affirmative action program being invalidated or re-examined.

Reverse discrimination claims fell into two categories: individual decisions in which a white male contended he would have obtained a job had he been black or female, and cases that claimed programs or plans unfairly favored women and minorities.

``Many of the cases were the result of a disappointed applicant failing to examine his or her own qualifications,'' Blumrosen wrote, ``and erroneously assuming that when a woman or minority got the job, it was because of race or sex, not qualifications.''