AAAA News

Affirmative Action Association Announces Nominees for Civil Rights and Diversity Awards

American Association for Affirmative Action will present the awards at its annual Access, Equity and Diversity Summit, June 30, 2011 in Atlantic City

For Immediate Release: June 13, 2011
Contact: Shirley J. Wilcher
202-349-9855
240-893-9475

Washington, D.C., June 13, 2011 – Rosa Parks, Cesar Chavez, Edward M. Kennedy and Arthur Fletcher are among the civil rights luminaries being remembered by the American Association for Affirmative Action (AAAA) when it awards individuals and organizations whose work has helped to advance the rights of all. On June 30, 2011 the awards ceremony will take place at the Atlantic City Convention Center, 1 Convention Blvd., Atlantic City, New Jersey. This year, AAAA will co-host the program with the New Jersey Affirmative Action Officers' Council. The theme of this year's conference is "EEO and Diversity: A Strong and Prosperous Nation Secured through a Fair and Inclusive Workplace."

Founded in 1974, the American Association for Affirmative Action (AAAA) is a national not-for-profit association of professionals working in the areas of affirmative action, equal opportunity, and diversity. AAAA assists its members to be more successful and productive in their careers. It also promotes understanding and advocacy of affirmative action to enhance access and equality in employment, economic and educational opportunities.

Nominees for the prestigious awards include: William H. Brown, III, Esq., attorney and former Chairman of the Equal Employment Opportunity Commission, for the Arthur A. Fletcher Lifetime Achievement Award; Service Members Legal Defense Network, the Ivy Planning Group and Luke Visconti, President and Founder, DiversityInc., for the Champion of Diversity Award; Nadine Vogel, Founder and President of Springboard Consulting, and LGBT Rights Advocate Dan Savage and “The It Gets Better Project,” for the Edward M. Kennedy Community Service Award; Dr. Lisa McBride, Special Assistant to the President for EEO/University Ombudsperson at California University of Pennsylvania , and Wanda E. Sloan, M.S., Diversity and Staff Development Specialist, Blackhawk Technical College, for the Rosa Parks Award; and Jose D. Alcántara, president of the NAACP of Pleasantville, N.J., for the Cesar Estrada Chavez Award. Flonzie Brown Wright has been nominated to receive the Drum Major for Justice Award in honor of her years of service and to acknowledge the “She-roes” of the Civil Rights Movement, including the 50th Anniversary of the Freedom Rides.

“We are pleased to honor these nominees for their hard work and sustained commitment to equal opportunity and inclusion,” said AAAA President Gregory T. Chambers. “We wish to thank all of the individuals who nominated this impressive group of champions for access, equity and diversity,” added ReNeé S. Dunman, Immediate Past President and Awards Committee Chairperson. At the Awards Luncheon the New Jersey Affirmative Action Officers’ Council will confer the Paul Morris Smith Scholarship, an annual award for a deserving student.

The Awards Ceremony will take place at the Atlantic City Convention Center, 1 Convention Boulevard, Atlantic City, New Jersey, 08401, on June 30, 2011, at noon. The press is invited. For more information about the AAAA Awards, go to: http://www.affirmativeaction.org/awards.html

To register for the Summit or to obtain tickets to the Awards luncheon, go to: http://www.regonline.com/builder/site/default.aspx?EventID=927781

American Association for Affirmative Action AnnouncesAccess, Equity and Diversity Summit and Annual Meeting 2011
Atlantic City, New Jersey
June 28 – 30, 2011

U. S. Equal Employment Opportunity Commission Chair Jacqueline Berrien * U.S. Department of Labor OFCCP Director Patricia A. Shiu * TV and Radio Host Armstrong Williams * Atlantic City Mayor Lorenzo Langford * Mississippi Freedom 50th Manager Flonzie Brown Wright * DiversityInc Founder Luke Visconti * Dr. Paul Winkler, Commission on Holocaust Education and other National, State and Local officials will participate

“EEO and Diversity: A Strong and Prosperous Nation Secured Through a Fair and Inclusive Workplace”

For Immediate Release: June 8, 2011
Contact: Shirley J. Wilcher
202-349-9855
240-893-9475

Washington, DC, June 2, 2011 – The American Association for Affirmative Action (AAAA), an organization of equal opportunity, diversity and affirmative action professionals, announced its Access, Equity and Diversity Summit and Annual Meeting themed “EEO and Diversity: A Strong and Prosperous Nation Secured Through a Fair and Inclusive Workplace.” The Summit is being held at the Atlantic City Convention Center, One Convention Blvd, Atlantic City, N.J. 08401, on June 28 – 30, 2011. The Summit theme is derived from the vision statement of the Equal Employment Opportunity Commission (EEOC). This year’s summit will be co-hosted by the New Jersey Affirmative Action Officers’ Council.

Featured speakers include Atlantic City Mayor Lorenzo Langford; Jacqueline Berrien, Chair of the Equal Employment Opportunity Commission (EEOC); Patricia A. Shiu, Director of the Office of Federal Contract Compliance Programs, U.S. Department of Labor; and Flonzie Brown Wright, Manager of the Mississippi Freedom 50th. Ernest Hicks of Xerox Corp. will introduce Chair Berrien and Luke Visconti, founder and publisher of DiversityInc, will preside at the AAAA Awards Luncheon on June 30th.

The Summit will also feature a Diversity Showcase Seminar on June 29th and panelists will include: Armstrong Williams, TV and Radio show host; Steve O. Michael, Arcadia University and the National Association of Diversity Officers in Higher Education (NADOHE); Robin Parker, Beyond Diversity Resource Center; Anjali Thakur-Mittal, Leadership Conference on Civil Rights; Veronica Villalobos, Director of the Office of Diversity and Inclusion, U.S. Office of Personnel Management; and from France (via Skype), Professor Marie-Christine Pauwels-Borel, University of Paris Ouest, Nanterre la Défense. Ms. Jeannine LaRue will moderate the panel. Panelists will explore the relationship between affirmative action and diversity.

The Summit will also explore the issue of “Equity in Education” at the elementary/secondary level. This plenary session will feature Stephanie James Wilson, Amistad Commission (NJ); Dr. Gilda Rorro Baldassari, NJ Italian and Italian American Heritage Commission; Dr. Paul Winkler, Commission on Holocaust Education; and Dr. Paula C. Rodriguez Rust, Spectrum Diversity. Hope R. Blackburn, Esq. will moderate the panel.

The Summit will offer two pre-conference workshops, one on Faculty Recruitment and Retention, and a Boot Camp for EEO practitioners titled “All You Need to Know as an EEO/AA/Diversity Professional.” In addition, there will be twelve workshops. Workshop topics include: “Workplace Bullying: Practical and Legal Issues,” EEOC’s Systemic Program and Equal Pay Efforts,” “Supporting Disability in the Workforce: Not Just a Strategic Advantage, a Business Imperative,” and “Designing Harassment E-Learning in Higher Education: Challenges and Opportunities.” Another workshop will present the results of a survey on “Academic Institutions as Federal Contractors: Exploring Challenges in Compliance.”

“We are excited about the training and educational sessions available,” said AAAA President Gregory T. Chambers. The conferees will also discuss strategies to promote affirmative action and diversity in the face of economic headwinds and legal challenges to end it. “This conference is filled with opportunities to galvanize and design a proactive plan to advance an agenda of more inclusion and opportunity,” said President Chambers.

The AAAA Summit is open to the press. For more information, go to www.affirmativeaction.org. To register for the Summit, go to: http://www.affirmativeaction.org/conference.html

Founded in 1974, the American Association for Affirmative Action (AAAA) is a national not-for-profit association of professionals working in the areas of affirmative action, equal opportunity, and diversity. AAAA assists its members to be more successful and productive in their careers. It also promotes understanding and advocacy of affirmative action to enhance access and equality in employment, economic and educational opportunities.

The New Jersey Affirmative Action Officers’ Council (NJAAOC) is a member-driven organization composed of equal employment opportunity and affirmative action (EEO/AA), diversity, and human resources professionals. The NJAAOC was created through the efforts of EEO/AA practitioners in state government and officials from the New Jersey Civil Service Commission, Division of EEO/AA in 1983.

American Association for Affirmative Action
OBSERVES THE 50TH ANNIVERSARY OF EXECUTIVE ORDER 10925  on Thursday ,March 10, 2011

THE FIRST PRESIDENTIAL ORDER MANDATING
AFFIRMATIVE ACTION IN EMPLOYMENT

For Immediate Release: March 10, 2011
Contact: Shirley J. Wilcher, (202)-349-9855

Washington, DC - March 10, 2011 - The American Association for Affirmative Action (AAAA), an organization of affirmative action, equal opportunity and diversity professionals, acknowledges the first presidential order mandating affirmative action in federal contractor workplaces. Executive Order 10925 was signed by President John F. Kennedy on March 6, 1961.

Executive Order 10925 imposed on all covered contractors a general obligation requiring positive steps designed to overcome obstacles to equal employment opportunity. In the order, the President incorporated two fundamental concepts: nondiscrimination and affirmative action.

SECTION 301. Except in contracts exempted in accordance with section 303 of this order, all government contracting agencies shall include in every government contract hereafter entered into the following provisions:

"In connection with the performance of work under this contract, the contractor agrees as follows:"

"(1) the contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will 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. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment. http://www.presidency.ucsb.edu/ws/index.php?pid=58863"

In signing the order, President Kennedy implemented the recommendations of President Eisenhower's Committee on Government Contracts, headed by Vice President Richard M. Nixon. The committee wrote:

Overt discrimination, in the sense that an employer actually refuses to hire solely because of race, religion, color, or national origin is not as prevalent as is generally believed. To a greater degree, the indifference of employers to establishing a positive policy of nondiscrimination hinders qualified applicants and employees from being hired and promoted on the basis of equality.

"Affirmative action was, at its inception, a bi-partisan issue, supported by Democrats and Republicans alike. It was also a call to take positive steps in removing the barriers to equal employment opportunity," said Gregory T. Chambers, president of AAAA.

In fifty years there has been much progress for women and minorities in the workforce, higher education and in contracting. In 2011, we have more diversity in all of these sectors and in the White House itself. Much remains to be done, however, as evidenced in the nearly one-hundred thousand charges of discrimination filed with the Equal Employment Opportunity Commission last year.

Since 1961, affirmative action policies have become law both in the United States and throughout the world. While controversial in some sectors, it remains one of the most effective means of removing barriers in hiring, promotions and pay, from the entry level to the executive suite.

Executive Order 10925 was modified by President Johnson's Executive Order 11246 and subsequent laws that are now enforced by the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP). "We acknowledge the foresight and courage of President John F. Kennedy in signing Executive Order 10925 in 1961," added Mr. Chambers. "We must continue the legacy of the Kennedy Order and work to achieve the vision of equity and fairness through positive action in employment, education and government contracting."

American Association for Affirmative Action
Statement on the Passage of Arizona's Proposition 107 to End Affirmative Action Programs  on Thursday November 04, 2010

Association of diversity and civil rights professionals denounces the passage of Arizona's Anti-Affirmative Action Initiative

For Immediate Release: November 4, 2010
Contact: Shirley J. Wilcher (617) 298-4156

We, members of the American Association for Affirmative Action (AAAA), regret that the people of the Great State of Arizona chose to limit the opportunities of those who have suffered discrimination by virtue of their race, gender, ethnicity, national origin and color. Proposition 107 purports to bar discrimination and so-called preferences, but laws against discrimination have existed since 1964. Federal laws and regulations prohibit quotas and other forms of preferential treatment. So, why was this initiative necessary? Because the sponsors of this unfortunate legislation misrepresented affirmative action and equal opportunity programs as denying opportunities for some, when these laws are intended to level the playing field that has been uneven for centuries. Affirmative action programs prevent discrimination and remove barriers against those for whom the doors of opportunity have been closed.

This nation will not be as great as it can be if those who have the talent and qualifications find their opportunities limited by race, gender, ethnicity, national origin or color. While much progress has been made since 1964 the glass ceiling still exists, unemployment rates for minorities exceed those of non-minorities and charges of discrimination filed with civil rights agencies number in the thousands. As President Lyndon Baines Johnson said, "It is not enough just to open the gates of opportunity. All our citizens must have the ability to walk through those gates."

The people of Arizona have spoken. Perhaps one day they will comprehend the true impact of their decision. Limiting the opportunities of some will ultimately affect us all.

Gregory T. Chambers
President

American Association for Affirmative Action
Opposes Arizona's Proposition 107 to End Affirmative Action Programs
Association of diversity and civil rights professionals urges Arizona voters to vote "No"  on Friday October 29, 2010

For Immediate Release: October 29, 2010
Contact: Shirley J. Wilcher (240) 893-9475

Washington, DC, October 29, 2010- The American Association for Affirmative Action (AAAA), an association of equal opportunity, diversity and affirmative action professionals founded in 1974, calls upon Arizona voters to reject Proposition 107, whose intention is to end state affirmative action programs. On Election Day, the electorate will vote on the so-called Arizona Civil Rights Initiative, which will amend Article II of the state constitution. The language of the Initiative is:

"Discrimination or preferential treatment prohibited Section 36. This state shall not discriminate against or grant preferential treatment to any individual or group on the basis of race, sex, color, ethnicity or national origin in the operation of public employment, public education or public contracting."

This is a creature of Ward Connerly, the former University of California Regent who spearheaded Proposition 209 that ended affirmative action in the state. A form of Proposition 209 was passed in Washington State, Michigan and Nebraska.

AAAA President Gregory T. Chambers stated: "Proposition 107, along with others sponsored by Ward Connerly and the American Civil Rights Institute, have only one purpose: to end the advances made by women and minorities in employment, education and contracting." Affirmative action laws were added as a means of promoting equal opportunity and remedying the effects of discrimination. "Affirmative action is necessary and fair, prevents discrimination and gives everyone an opportunity to compete regardless of race, ability or gender" added Mr. Chambers. "It minimizes the preferences that some have enjoyed for centuries."

Discrimination is grounded in prejudice resulting in unjust exclusion of qualified individuals in the workplace, academe and government contracting. There is a well-established history of discrimination against Asians and Hispanics as well as African Americans, women and individuals with disabilities. As demographic changes increase the numbers of those individuals in the USA, it is important to ensure that they have the opportunity and preparation to take their rightful place among today's and tomorrow's leaders. Forty-five years is too soon to end a program that promotes diversity and redresses years of exclusion.

AAAA urges Ward Connerly and interested voters to visit the website (www.affirmativeaction.org) and contact the leadership if they have questions about affirmative action, how it works and what it is intended to accomplish. "If you are truly concerned about equal opportunity for all, have a dialogue with us in order to be properly informed about affirmative action law and policy," said Mr. Chambers.

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American Association for Affirmative Action
Expresses Disappointment in Supreme Court's New Haven Firefighters Decision  on Tuesday June 30, 2009

Washington, D.C. - June 30, 2009� The American Association for Affirmative Action (AAAA), an association of equal employment opportunity (EEO), diversity and affirmative action professionals founded in 1974, expressed disappointment in the U.S. Supreme Court's decision in the Ricci v. DeStefano case, handed down on June 29, 2009. In Ricci, the City of New Haven, CT., administered a test for firefighter promotional opportunities and subsequently chose not to proceed when the results showed "adverse impact", i.e., that none of the African-American candidates would have been eligible for promotion. Ricci, a successful white candidate, filed suit alleging that the city's decision was unconstitutional and violated Title VII of the Civil Rights Act of 1964. In a 5-4 decision, the Supreme Court found for the white plaintiffs and held that the city violated Title VII because it needed to establish a "strong basis in evidence" that the exams were not job related or that another, less discriminatory test existed.

"This 'strong basis in evidence' test creates a higher burden for employers who discover that their selection processes may have an adverse impact on women or racial groups," said ReNee Dunman, AAAA's president. "Without articulating what the 'strong basis in evidence' standard means, or remanding the case so this issue can be explained, this ruling also places employers between a rock and a hard place: if they find that their selection processes have an adverse effect on some racial groups or women, they have to risk litigation if they use the tests or if they don't." The Court's decision will lead to confusion and to more litigation. The decision also creates an expectation by the successful candidates that they will be hired or promoted based on the results of the test and effectively limits the employer's discretion.

A majority of the Court acknowledged that employment discrimination continues to exist, however. Total discrimination charges filed with the Equal Employment Opportunity Commission increased 15% in one year from 82,792 in FY 2007 and 95,402 in FY 2008. Fire Departments around the country, including in New Haven, have a long history of excluding minorities and women, and that history is often perpetuated today through vestiges of arbitrary selection procedures from a bygone era. As Justice Ginsburg wrote, "Firefighting is a profession in which the legacy of racial discrimination casts an especially long shadow." Employers and governments continue to have an obligation to take proactive measures to end discrimination.

Despite the Court's disappointing ruling, the law continues to require employers to avoid policies that are discriminatory in practice, and there is a range of steps that employers can take to make sure they are providing equal opportunity in the workplace. "We call on the President (and the civil rights agencies, including the Equal Employment Opportunity Commission, the Department of Labor and the Department of Justice) to work with dispatch and issue guidance for employers on their equal opportunity obligations in light of this decision," added Ms. Dunman.

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American Association for Affirmative Action
Expresses Strong Support for the President�s Nomination
of Judge Sonia Sotomayor to Serve on
the United States Supreme Court
 on Tuesday, MAY 26, 2009

Washington, D.C. � The American Association for Affirmative Action (AAAA), an association of equal employment opportunity (EEO), diversity and affirmative action professionals founded in 1974, announced strong support for the decision by President Barack Obama to nominate Judge Sonia Sotomayor to serve as an Associate Justice of the U.S. Supreme Court. AAAA�s President, ReNe� S. Dunman, stated that, �The President has demonstrated by his actions the essence of affirmative action: selecting a person who is qualified to serve and who comes from a group that has been historically unrepresented on the Supreme Court of the United States.� Dunman added, �By selecting Judge Sotomayor, President Obama has cracked one of the most persistent glass ceilings in the legal profession.�

As did many students who were virtually the first minorities and women to attend Ivy League and other prestigious colleges and universities in the late sixties and seventies, Judge Sotomayor took full advantage of her opportunity, graduating summa cum laude from Princeton University and serving as a member of the Yale Law Journal. She subsequently worked as a prosecutor and corporate lawyer, and when she joined the judiciary, she gained experience both as a trial court judge in the U. S. District Court�s Southern District of New York, and an appellate court judge, U. S. Court of Appeals for the Second Circuit. Ms. Dunman stated, �Like the president who nominated her, when the door of opportunity opened, excellence walked through.�

Judge Sotomayor is widely admired as a judge with a sophisticated grasp of legal doctrine and a keen awareness of the law�s impact on everyday life. She understands that upholding the rule of law means going beyond legal theory to ensure consistent, fair, common-sense application of the law to real-world facts.

AAAA hopes that the Senate will welcome Judge Sotomayor and will execute its Constitutional responsibility fully and fairly in the weeks to come. Ms. Dunman added: �We look forward to seeing a Court that is more diverse and represents all Americans on the First Monday in October.�

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American Association for Affirmative Action
Is available to discuss
NEW HAVEN FIREFIGHTERS� CASE: RICCI V. DESTEFANO
SCHEDULED FOR SUPREME COURT ORAL ARGUMENT
 on Wednesday, APRIL 22, 2009

Washington, D.C. � The American Association for Affirmative Action (AAAA) is available to speak with the news media on the civil rights/Equal Employment Opportunity case before the U.S. Supreme Court: Ricci v. DeStefano. Founded in 1974, the American Association for Affirmative Action (AAAA) is a national not-for-profit association of professionals working in the areas of affirmative action, equal opportunity, and diversity. AAAA helps its members to be more successful and productive in their careers. It also promotes understanding and advocacy of affirmative action to enhance access and equality in employment, economic and educational opportunities. Representing AAAA for press interviews is AAAA President ReNe� S. Dunman. Ms. Dunman also serves as Assistant Vice-President, Office of Institutional Equity & Diversity, Old Dominion University.

This case goes to the heart of the federal equal employment opportunity and nondiscrimination laws passed in 1964; whether a test which has a �disparate impact� on racial and ethnic minorities may be lawfully disregarded and, in not using the test, does such action constitute �intentional discrimination� against white workers? The Civil Rights Act of 1964, as amended, was enacted to promote equal opportunity when qualified women and minorities were (and are) excluded from the workplace and other venues by virtue of their gender and race. Title VII of the Act, related regulations and court decisions, specifically address discrimination in workplace selection practices. Such practices continue to exclude minorities and women from public as well as private employment, including opportunities in fire departments. As a result, employers are required to assess their selection processes to ensure that tests and other selection procedures do not have an adverse impact against those who have historically faced discrimination.

The plaintiffs in the Ricci v. DeStefano case assert that when local governments find their selection processes to have a disparate or adverse impact, and decide not to make hiring decisions because of such impact (in this case, a promotion), they are discriminating against the white workers. A decision against the City of New Haven could tie the hands of employers in both the public and private sectors who wish to comply with the civil rights laws. Compliance with the nondiscrimination laws could expose employers to liability; first, to the intended beneficiaries of the Civil Rights Act or secondly, to those who have theoretically �passed� such tests. In effect, the civil rights laws are turned on their heads and those who have suffered discrimination in public or private employment are left with no remedy.

What: Ricci v. DeStefano Supreme Court Oral Argument (New Haven Firefighters)

Where: Washington, D.C., United States Supreme Court, One First Street, NE.

When: April 22, 2009, 10:00 a.m. � 12:00 p.m. Thereafter, calls may be made to the AAAA National Office: 202-349-9855 or 240-893-9475 (at any time).

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MEDIA ADVISORY

American Association for Affirmative Action

Hosts

TOWN HALL MEETING ON AFFIRMATIVE ACTION

�AFFIRMATIVE ACTION IN A �POST � RACIAL� ERA�

Lincolnshire Marriott Resort, Lincolnshire, IL

Saturday, April 4, 2009, 9:15 a.m. - 11:15 a.m. 

For Immediate Release: March 24, 2009                         Contact: Shirley J. Wilcher, AAAA                  (240) 893-9475  

Washington�To culminate its 35^th Annual Conference, the American Association for Affirmative Action (AAAA) is hosting a Town Hall meeting on a topic that is current and timely: Affirmative Action in a so-called Post-Racial Era.  This year, much has been said about the election of the nation�s first African-American president.  Some have even suggested that his election indicates that America is no longer challenged with issues of discrimination and inequality. Thus, they argue, affirmative action is no longer needed.  The panelists participating in AAAA�s Town Hall meeting on Affirmative Action will address the question, �Is Affirmative Action needed in a presumed �post-racial� (and post-gender) era?� 

AAAA is proud to have outstanding panelists for the AAAA Town Hall on Affirmative Action: Laura S. Washington, moderator, is the Ida B. Wells-Barnett University Professor at DePaul University in Chicago and a columnist for the Chicago Sun-Times.  Naomi Tutu, daughter of Bishop Desmond Tutu, is founder of the Tutu Foundation and Associate Director of the newly formed Office of International Programs at Tennessee State University in Nashville.  N. Keith Chambers is Executive Director of the Illinois Human Rights Commission. Anjali Thakur is Deputy Director for Field Operations and Director of the Americans for a Fair Chance Project for the Leadership Conference on Civil Rights. Lauren Sugerman, an elevator mechanic, is co-founder of Chicago Women in Trades and Gregory Cendana is Vice-President of the United States Student Association.  The general public is invited. For more information, go to www.affirmativeaction.org.

What: Affirmative Action Town Hall Meeting with American Association for Affirmative Action and Leading Experts

Where: Lincolnshire Marriott Resort, Lincolnshire, IL, 10 Marriott Drive, Lincolnshire, Illinois 60069, Toll-Free #: 800-228-9290, Phone: 1-847-634-0100

When: Saturday, April 4, 2009 - 8:30 a.m.  � 9:00 a.m.  Press Availability with Panelists;

9:15 a.m. � 11:15 a.m. Town Hall Discussion 

Founded in 1974, the American Association for Affirmative Action (AAAA) is a national not-for-profit association of professionals working in the areas of affirmative action, equal opportunity, and diversity. AAAA helps its members to be more successful and productive in their careers.  It also promotes understanding and advocacy of affirmative action to enhance access and equality in employment, economic and educational opportunities.

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888 16^th Street, NW, Suite 800 * Washington, D.C. 20006 *202-349-9855 ex 1857 *

800-252-8952 * Fax: 202-355-1399 * www.affirmativeaction.org *

NEWS RELEASE 

American Association for Affirmative Action Announces

35th Annual Conference

�Winning the Fight for Equity, Opportunity and Inclusion�

Outstanding equal opportunity, diversity and civil rights professionals meet in Chicago area to discuss affirmative action challenges

For Immediate Release:  March   , 2009          Contact:   Shirley J. Wilcher

                                                        240.893.9475 

                                                 617.298.4156 

Washington, March   , 2009 � The American Association for Affirmative Action (AAAA), an organization of equal opportunity, diversity and affirmative action professionals, announced its 35th Annual Conference �Winning the Fight for Equity, Opportunity and Inclusion,� being held on April 1 -4, 2009, at the Lincolnshire Marriott Resort, Lincolnshire, IL, 10 Marriott Drive, Lincolnshire, Illinois 60069. �Where the challenges to equal opportunity through affirmative action are immense, this is the premier meeting to address these issues,� said ReNee Dunman, president of AAAA.  This marks the first conference since the historic election of an African American as president of the United States.  The question that arises in this purported �post-racial� era is, �What is the future of affirmative action and diversity programs? Have we won the fight for equity, opportunity and inclusion?� Dunman added.

�We are excited about the myriad sessions available this year,� said AAAA President ReNee Dunman. �Presenters have been selected carefully to ensure diverse, cutting edge workshops for attendees who include equal opportunity, affirmative action and diversity professionals representing every imaginable entity in employment, government, education and the private sector.� The conferees will also discuss strategies to promote affirmative action in the face of legal and legislative challenges to end it. �AAAA subscribes to the theory that the best defense is a great offense.  This conference is filled with opportunities to galvanize and design a proactive plan to counter our opponents,� said the AAAA president.  

For more information, go to www.affirmativeaction.org.

Founded in 1974, the American Association for Affirmative Action (AAAA) is a national not-for-profit association of professionals working in the areas of affirmative action, equal opportunity, and diversity. AAAA helps its members to be more successful and productive in their careers.  It also promotes understanding and advocacy of affirmative action to enhance access and equality in employment, economic and educational opportunities. 

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888 16^th Street, NW, Suite 800 * Washington, D.C. 20006 *202-349-9855 ex 1857 *

800-252-8952 * Fax: 202-355-1399 * www.affirmativeaction.org

American Association for Affirmative Action
Forms Partnership
With
National Diversity Publication

Washington, DC. (December 10, 2008) � The American Association for Affirmative Action (AAAA), a non-profit association dedicated to the promotion of affirmative action as an instrument to fulfill the nation�s promise of equal opportunity for all under-represented groups has formed a partnership with the Affirmative Action Register (AAR), a leading national equal opportunity employment magazine and website.  Established in 1974, AAR has been expanding the publication and website under new ownership, from being solely a resource for employment, to a vehicle that helps job seekers and employers manage human resources, career planning, and all issues surrounding inclusion in today�s work environment.  The partnership with the American Association for Affirmative Action is another step toward that goal.

Also founded in 1974, The American Association for Affirmative Action�s mission is to nurture understanding of and offer advice on affirmative action to enhance access and equity in employment, economic and educational opportunities.  The Association is composed of individuals and organizations from the public and private sectors, business, social service, legal, government, and education. 

�We are pleased to join a publication with a longstanding commitment to equal opportunity and diversity,� said ReNe� S. Dunman, President of AAAA.

�We are proud to partner with such an esteemed organization as AAAA, to reach our common goal of increasing the inclusion of historically excluded groups in employment, education and business,� said Holly Mendelson and Lenore Pearlstein, owners of AAR. �We know that by working together, we can help to further creation of a society that provides genuine equality of opportunity.�

For further information, please contact Shirley J. Wilcher, Executive Director, AAAA, at 202-349-9855 or email execdir@affirmativeaction.org.  Contact Holly Mendelson at Potomac Publishing, Inc. at 314-863-2900 or email hmendelson@aarjobs.com.

About Affirmative Action Register

Since 1974, Affirmative Action Register (AAR) was, and remains today, at the forefront of locating diverse candidates for organizations and businesses that embrace the necessity and understand the importance of creating a workforce that reflects the world around them.  Purchased by Potomac Publishing in 2007, the publication and website help connect diverse professionals to diverse careers.  Potomac Publishing, Inc. is a WBENC-certified business.

For more information about AAR, please visit www.aarjobs.com.

About American association for affirmative action

Founded in 1974, the American Association for Affirmative Action is a national not-for-profit association of professionals working in the areas of affirmative action, equal opportunity, and diversity.  They help their members to be more successful and productive in their careers.  They promote understanding and advocacy of affirmative action to enhance access and equality in employment, economic and educational opportunities.

For more information about AAAA, please visit www.affirmativeaction.org.

American Association for Affirmative Action
Celebrates the Election of Barack Obama, First African-American President;
Denounces the Passage of Nebraska Anti-Affirmative Action Initiative
 �Change has truly come to America�

The American Association for Affirmative Action (AAAA), a national membership organization of equal employment opportunity (EEO), affirmative action and diversity professionals, congratulates Barack Obama on his historic election as President of the United States of America. AAAA President ReNee S. Dunman stated: �We who have devoted our careers to the inclusion of all who are able and qualified to serve in America�s workplaces celebrate the fact that a son of Africa and America, of Kenya and Kansas will ascend to the presidency of these United States.�  America affirmatively acted to select leadership, talent and ability, without regard to the superficial trappings of race and color. �This is the promise of America, whose spirit is embodied in the Constitution.  This is the future of America. Barack Obama has also shown us that hope is not a vain exercise. The investment and sacrifice made in the anti-slavery and civil rights movements by all who gave their lives -- black, white, men and women, young and old, have yielded a momentous dividend today, she added.�  While we observe the historic significance of Barack Obama�s success, Ms. Dunman emphasizes that the struggle for opportunity has not ended, however. �Where there is inequality and exclusion, affirmative action remains essential in promoting equal opportunity in the workplace, higher education and contracting.�     

AAAA denounces the passage of the Nebraska Civil Rights Initiative, �Initiative 424.� �We are troubled by Mr. Connerly�s scorched-earth campaign to end equal opportunity in America,� said Ms. Dunman. �At a time when we are celebrating the election of the first African-American president in the history of the United States, we must continue to fight to keep the doors of opportunity open in the states.� AAAA commends the valiant efforts of the Nebraska Board of Regents and other agencies and groups who fought to resist the passage of this initiative. �The Michigan Proposal 2 has not been able to defeat the course of opportunity, diversity and excellence there and we firmly believe that the Nebraska initiative will be equally ineffective.�  Overall, Ward Connerly�s �Super Tuesday� effort to pass anti-affirmative action ballot initiatives in five states was �a colossal failure.�  �We must commend the national organizations as well as the local efforts to defeat these regressive measures,� stated Ms. Dunman.

Founded in 1974, the American Association for Affirmation Action (AAAA) is a national not-for-profit association of professionals working in the areas of affirmative action, equal opportunity, and diversity. AAAA helps its members to be more successful and productive in their careers.  It also promotes understanding and advocacy of affirmative action to enhance access and equality in employment, economic and educational opportunities.
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AAAA Seeks Interns for National Office, Washington, DC

The American Association for Affirmative Action (AAAA) is the association of professionals managing affirmative action, equal opportunity, diversity and other human resource programs.  Founded in 1974, AAAA is a national not-for-profit association of professionals working in the areas of affirmative action, equal opportunity, and diversity. We help our members to be more successful and productive in their careers. We promote understanding and advocacy of affirmative action to enhance access and equality in employment, economic and educational opportunities.

AAAA is seeking an undergraduate college student or graduate/professional school student interested in an internship with the national AAAA office located in Washington, D.C.  The intern will be expected to perform general administrative tasks and perform research and policy-related work in the areas of affirmative action, equal opportunity, and diversity.  The intern will also have the opportunity to learn about and support nonprofit organizations, while learning about the overall operations of AAAA.  The person should be able to commit to at least 10 hours of work per week and must be able to multitask, work creatively and independently with little supervision.

AAAA hires interns on a rolling basis.  Internships are available during the fall, spring and summer sessions. 

Application Instructions:

If you are interested in interning with AAAA, please send a cover letter and resume to any of the following:

US MAIL:
American Association for Affirmative Action
888 16th Street
Suite 800
Washington DC 20006
Attention: AAAA Internship Opportunities

FAX:
202.355.1399
Attention: AAAA Internship Opportunities

EMAIL:
execadminasst@affirmativeaction.org

AAAA is unable to offer compensation for this position at this time.  We are willing to work with the student to support any application for funding and/or credit for the work.

American Association for Affirmative Action Expresses
 Disappointment with McCain�s �New� Views on Affirmative Action

Association of diversity and civil rights professionals condemns McCain�s support for Arizona anti-affirmative action initiative

For Immediate Release: July 28, 2008
Contact:  Shirley J. Wilcher (240) 893-9475

Washington, DC. - The American Association for Affirmative Action (AAAA) is a nonpartisan organization and as such does not take a position regarding the desirability of any candidate for public office.  AAAA expresses serious disappointment about Senator John McCain�s support for the Arizona anti-affirmative action Civil Rights Initiative, however.  �Senator McCain, make no mistake about it.  Affirmative action is not a partisan issue; it is a people issue,� said ReNee S. Dunman, president of the American Association for Affirmative Action upon learning that Senator John McCain supports the anti-affirmative action Arizona Civil Rights Initiative.   �Affirmative action impacts all people who stand to benefit from the result - equal opportunity. Changing one�s mind is certainly the American way but changing positions to garner support from a particular population should be questioned even by those who oppose affirmative action,� she added.  Moreover, using affirmative action as a wedge issue only divides our nation when it is time to bring us together.  The Senator does not profess to have had a new found revelation supporting his decision to change positions on affirmative action.  Instead it appears he has strategically realigned his position with those he believes will elect him as President. 

Senator McCain has reportedly declared he supports the referendum because he does not believe in quotas...  He says, �I have not seen the details of some of these proposals. But I�ve always opposed quotas."  Either Senator McCain has been misinformed and erroneously equates affirmative action with quotas or he is deliberately doing so to secure votes from opponents of affirmative action.  Either way you view it, it�s a �lose-lose� situation and the nation should raise a collective brow. 

Ms. Dunman went on to state: �Once again, I am compelled to dispel the myth that affirmative action requires quotas.  Quotas are unlawful and expressly prohibited by federal regulations. In 2000, the U.S. Department of Labor revised the affirmative action regulations to make clear that �goals may not be rigid and inflexible quotas, which must be met, nor are they to be considered as either a ceiling or a floor for the employment of particular groups. Quotas are expressly forbidden.�� 41 C.F.R. 60-2.16.

Affirmative action is necessary, fair, prevents discrimination and gives everyone an opportunity to compete regardless of race or gender.  Affirmative action is not a form of discrimination; rather, it is a means to remedy it. Discrimination is grounded in prejudice resulting in unjust exclusion of qualified individuals in the workforce, academe and government contracting.  This is exactly why it is and should be unlawful. In contrast, affirmative action is grounded in fairness through equitable inclusion of all people including those who happen to be women and minorities, individuals with disabilities and veterans.  We urge Senator McCain and others who share his views to contact us if they would like to be properly informed about affirmative action law and policy. For more information, go to www.affirmativeaction.org.

Founded in 1974, the American Association for Affirmative Action (AAAA) is a national not-for-profit association of professionals working in the areas of affirmative action, equal opportunity, and diversity. AAAA helps its members to be more successful and productive in their careers.  It also promotes understanding and advocacy of affirmative action to enhance access and equality in employment, economic and educational opportunities. 

 

888 16th Street, NW, Suite 800 * Washington, D.C. 20006 *202-349-9855 ex 1857 *
800-252-8952 * Fax: 202-355-1399 * www.affirmativeaction.org

AAAA Professional Development and Training Institute

Date: 06-30-2008 09:07:32 AM CD

Message:

AAAA will offer advanced affirmative action and equal opportunity professional development courses during the October 2008 Professional Development Training Institute at:

The University Center, 525 South State Street, Chicago, IL 60605.
877-4-UCC-INFO
312-924-8000 (Direct)
312-924-8100 (Fax) 

The Fall PDTI classes include:

• Harassment Prevention (October 7)
• The Fundamentals of Diversity Management (Part A) (October 5-6)
• The Fundamentals of Diversity Management (Part B) (October 7-8)
• Introduction to Mediating Employment Discrimination Disputes (Part A) (October 9 - 10)
• Understanding and Applying Statistics in the Employment Environment (October 8)
• Systemic Discrimination (October 9)

AAAA will also offer the following courses which lead to the completion the Certified Affirmative Action Professional:

• Affirmative Action and Equal Opportunity Law  (October 9 - 10)
• Affirmative Action Plan Development (October 7-8)
• Complaint Processing, Counseling and Resolution  (October 5 - 6)

Registration information will be available by July 15, 2008.                         
For additional information about the PDTI or other AAAA programs, please call us toll-free at 1-800-252-8952 or visit our website at http://www.affirmativeaction.org/training.html.

STATEMENT OF THE AMERICAN ASSOCIATION FOR AFFIRMATIVE ACTION (AAAA) ON THE AMERICAN CIVIL RIGHTS INSTITUTE�S ANTI-AFFIRMATIVE ACTION CAMPAIGN

Unsatisfied with the outcome in the 2003 Grutter v. Bollinger case, where the US Supreme Court held that diversity in higher education admissions was constitutional, the American Civil Rights Institute (ACRI) launched an effort to circumvent the decision and amend state constitutions to outlaw affirmative action. After its successful effort to side-step the Court in Michigan, ACRI, led by California businessman Ward Connerly, has begun a campaign, called the �Super Tuesday for Equal Rights,� to pass similar ballot initiatives in five additional states: Nebraska, Oklahoma, Missouri, Arizona and Colorado.

We find the ACRI�s efforts deceptive, short-sighted and morally suspect. In Michigan, there have been numerous complaints that voters who signed petitions for ballot initiatives were misled to believe that they were approving a measure that was pro-civil rights, not anti-affirmative action. Citizens testified before the Michigan Civil Rights Commission and later in federal district court that Connerly�s canvassers lied or otherwise misled them to secure their signatures. The court effectively condemned the canvassers as engaging in �systematic voter fraud by telling voters that they were signing a petition supporting affirmative action.� (Operation King�s Dream, et al., v. Ward Connerly, et al., http://www.bamn.com/doc/2006/060829-tarnow-decision.pdf)

The essence of affirmative action is opportunity. Affirmative action laws ban quotas and preferences. Yet, the opponents of affirmative action consistently obfuscate the facts, without offering a scintilla of evidence that so-called �preferences� have harmed their constituents. Affirmative action remedies the current effects of past discrimination and prevents discrimination by eliminating barriers to equal opportunity in employment and business enterprise. In higher education, the Supreme Court made clear that race could be one of many factors, like geographic diversity and athletics, in holistically determining qualifications for admission. As Supreme Court Justice Harry Blackmun wrote, �In order to get beyond racism, we must first take account of race. There is no other way.� Former Secretary of State Colin Powell said: �Affirmative action in the best sense promotes equal consideration, not reverse discrimination.�

AAAA is pleased that ACRI�s efforts to promote Oklahoma and Missouri Civil Rights Initiatives have failed and that the petitions have been withdrawn. ACRI�s shameful and deceptive campaign must be challenged at every turn. We support the civil rights and civil liberties organizations who have mounted a legal defense of equal opportunity through affirmative action and we join them in calling on all fair-minded men and women who understand the continuing importance of affirmative action to stand with us. We must be one nation if we are to succeed in a global marketplace. To that end, everyone must have a chance to compete. This is not the time to turn back.

Founded in 1974, the American Association for Affirmative Action (AAAA) is a national not-for-profit association of professionals working in the areas of affirmative action, equal opportunity, and diversity. AAAA helps its members to be more successful and productive in their careers. It also promotes understanding and advocacy of affirmative action to enhance access and equality in employment, economic and educational opportunities.

Falls Church, VA
April 23, 2008
(Updated, May 5, 2008)

Register Now for AAAA's 34th Annual Conference, April, 2008

Date: 01-18-2008 10:23:45 AM CST

Message:

Dear AAAA Members and Friends,

I am pleased to announce that registration for our 34th Annual Conference, "2008: A New Era of Leadership and Action," is currently underway! We are excited about the myriad of plenary sessions and nationally recognized keynote speakers. Workshop presenters have been selected carefully to ensure diverse, cutting edge information for attendees who represent every imaginable entity in employment, government, education and the private sector. As a member driven association, the primary focus of our conference and training experiences is to provide attendees with valuable tools to use on the next assignment, case or review.

Due to the political climate and the need for change, this event is focused on empowering equal opportunity, diversity and affirmative action professionals by providing the leadership, support, and resources needed to become action-oriented professionals. With consideration given to the 2008 national elections, we found it befitting to hold this conference in our nation's capital, Washington D.C. Attendees will have the opportunity to meet with their congressional representatives on Capitol Hill as well as prominent national and international leaders of governmental organizations and associations that affect policy.

Events will be held at the Fairview Park Marriott Hotel in Falls Church, Virginia and in Washington D.C. The hotel cut-off date for the AAAA discounted rate of $179/nightly is fast approaching. Remember, one of our membership benefits is discounted conference registration; therefore, you must have a zero membership balance in order to take advantage of this benefit. The fee structure for AAAA Member and Non-member conference registration is below. AAAA Student and AAAA Retiree members must enter the registration site for details regarding special discounted rates.

Early Bird
(ends February 1, 2008 )
$650 Members
$775 Non-Members

Regular
(ends March 7, 2008)
$700 Members
$825 Non-Members

Last Chance
$800 Members
$925 Non-Members

If you have not renewed your membership prior to registration you will be required to pay the Non-Member fees. Please click the following link for detailed conference information and registration: https://www.regonline.com/63366_689961J.

Looking forward to seeing you in Washington,

ReNee' S. Dunman
President

AAAA Seeks Volunteers and a Webmaster

Date: 01-03-2008 04:23:40 PM CST

Message:

AAAA Volunteers

AAAA is looking for energetic volunteers. We offer a variety of training services and membership benefits, host special events, and educate the public about affirmative action. Duties may include handling correspondence, event preparations, research, and interacting with the general public as well as national and local officials. If you would like to be part of this exciting volunteer project please contact the AAAA national office toll-free at 1-800-252-9852 or send an email to execadminasst@affirmativeaction.org.

AAAA Launches New Webinar Series January 15, 2008

Date: 01-03-2008 09:48:03 AM CST

Message:

ANNOUNCING
AAAA WEBINAR SERIES
"RECRUITMENT AND RETENTION OF A DIVERSE FACULTY:
A MATTER OF EXCELLENCE AND EQUITY"
JONATHAN ALGER

TUESDAY, JANUARY 15, 2008,
2:00 - 3:00 PM, EST

Join AAAA on Tuesday, January 15, 2008 for the first of a series of webinars on equal opportunity, affirmative action and diversity topics. "Recruitment and Retention of a Diverse Faculty" will be taught by Jonathan Alger, Vice President and General Counsel, Rutgers, The State University of New Jersey, and former Assistant General Counsel, University of Michigan.

Most colleges and universities declare that they are dedicated to diversity as a matter of both quality and equality. Indeed, as reflected in the recent University of Michigan admissions lawsuits at the Law School and undergraduate levels, diversity within the student body is often portrayed as a vital component of a university's educational mission. One of the key questions arising out of these cases is whether, and to what extent, factors such as race, national origin, gender, etc. can be taken into account in the employment context at educational institutions.

The Webinar will address:

• The compelling interest in promoting diversity in recruitment
• Lessons from the Michigan cases
• Criteria for diversity plans
• Recruiting and outreach
• The search process
• Hiring and financial incentives
• Growing your own faculty
• And other important issues

Our Expert Speaker:

Jonathan Alger is Vice President and General Counsel at Rutgers, The State University of New Jersey, where he oversees legal affairs for all of the University's campuses in New Brunswick/Piscataway, Newark, and Camden. He also teaches an undergraduate honors seminar on higher education law. Before coming to Rutgers, he was Assistant General Counsel at the University of Michigan. At Michigan, Mr. Alger helped coordinate two landmark admissions lawsuits in the U.S. Supreme Court, as well as legal work in areas such as intellectual property, cyberspace law and media rights. Mr. Alger previously served as counsel for the national office of the American Association of University Professors (AAUP) in Washington, D.C., and as an attorney-advisor in the headquarters of the U.S. Department of Education's Office for Civil Rights. He began his professional career in the Labor and Employment Section at the law firm of Morgan, Lewis, & Bockius.

Mr. Alger has given hundreds of presentations on higher education law and policy throughout the United States and in Canada, Germany, and the West Indies. He has served on the Board of Directors of the National Association of College and University Attorneys, and is a current member of the Board of Advisors for the University of Vermont's annual conference on Legal Issues in Higher Education. Mr. Alger graduated with Honors from Harvard Law School, and with High Honors in political science and Phi Beta Kappa from Swarthmore College and its External Examinations Program.

Join us on Tuesday, January 15, 2008 at 2:00 - 3:00 PM EST

Program Materials: PowerPoint presentation and Faculty Diversity Outline prepared by Mr. Alger will be distributed after the webinar.

Cost: $99.00 (AAAA Members) or $149.00 (Non-Members) allows access to one phone line for an unlimited number of people to listen. The conference fee includes program materials and live audio/web conference hosted by Genesys Conferencing.

Sign up today at www.regonline.com/webinar1. It's easy! Once you receive the link for the webinar, you'll click that link and when prompted, enter your name, select the "DIAL ME" option, and enter your direct phone number and hit continue. Your phone will then ring and you'll be connected via telephone and web. Then, all you have to do is sit back and listen to the presentation! No special equipment is needed.

It's interactive! There will be a Question and Answer period at the end where you can anonymously ask questions by pushing a button on your telephone keypad.

It's convenient! You can call and listen in from anywhere ... your desk, your conference room, your home or your cell phone. And you don't have to spend money or extra staff time out of the office to go anywhere.

It's a bargain! It costs just $99/$149 to participate.

Submit your questions:

We invite you to submit your questions in advance to s.j.wilcher@att.net. We plan to answer your questions during the live audio conference. However, time constraints limit the number of questions that can be answered in the Q&A session.

Save the Date for the Next Two AAAA Training Institutes (PDTI)

Date: 11-17-2007 04:26:23 PM CST

Message:

AAAA PROFESSIONAL DEVELOPMENT AND TRAINING INSTITUTE
SAVE THE DATE FOR THE NEXT TWO PDTIs!
April 20 - 23, 2008
June 20 - 27, 2008

The next two PDTIs will be held on April 20 -23, 2008 immediately preceding the AAAA 34th Annual Conference at the Marriott Fairview Park in Falls Church, VA, and on June 20 -27, 2008 at the National Conference Center in Lansdowne, VA, respectively. Watch for registration information coming soon! Individuals who successfully complete the requisite courses are eligible to receive the Affirmative Action Professional certification (CAAP) and PDTI courses may be available for HRCI credit.

GO TO: http://www.affirmativeaction.org/docs/2007AAAAPDTIpostcd.pdf to see the "Save the Date" Card!

-or-

Click on "Training" and then "PDTI Save the Date" on the AAAA website....

AAAA Conference 2008 Sponsorship Brochures Available

Date: 11-17-2007 04:26:23 PM CST

Message:

Please join us in a common cause and become a sponsor or exhibitor at the AAAA 34th Annual Conference, April 23 - 26, 2008. For corporate and promotional brochures, go to: http://www.affirmativeaction.org/alerts.html.

AAAA Professional Development and Training Institute Courses Approved for HRCI Credit

Date: 11-01-2007 10:10:52 PM CST

Message:

American Association for Affirmative Action
Professional Development and Training Institute
November 4-10, 2007
National Conference Center
Lansdowne, VA

The AAAA Professional Development and Training Institute (PDTI) registration for the November session ends on Friday! PLEASE NOTE THAT EACH OF OUR CAAP Level I courses: AAPlanninig and Development, Affirmative Action and EO Law, and Complaint Processing has been approved for 14.75 credit hours towards the PHR, SPHR and GPHR recertification by the Human Resource Certification Institute.

To register for the Institute, go to: http://www.regonline.com/November or go to the AAAA website, http://www.affirmativeaction.org/training.html. For more information email aaaapdti@gmail.com.

AAAA Announces New Online Bookstore

Date: 11-01-2007 10:10:52 PM CST

Message:

Now you can purchase Affirmative Action related books and support AAAA at the same time. As a partner with Amazon.com, AAAA offers a collection of publications that provide useful background information on affirmative action, diversity, equal opportunity and other civil rights issues.

Just click on: http://astore.amazon.com/ameriassocfor-20 - AAAA's "My Associates Store" - to view the latest publications and historical documents on affirmative action, diversity, civil rights and other issues.

AAAA Joins Groups Urging Senate to Use Caution on AG Confirmation

Date: 10-23-2007 08:28:25 PM CDT

Message:

The following letter originated by the Leadership Conference on Civil Rights was signed by AAAA and other civil rights organizations regarding the nomination and confirmation hearing of retired federal judge Michael Mukasey for Attorney General of the United States. We urge that the Senate take great care in its consideration of the person responsible for the enforcement of civil rights and other laws

Leadership Conference
on Civil Rights
1629 K Street, NW
10th Floor
Washington, D.C. 20006
Phone: 202-466-3311
Fax: 202-466-3435
http://www.civilrights.org/

Dear Chairman Leahy and Ranking Member Specter:

On behalf of the undersigned organizations, we write to you regarding the nomination of Judge Michael B. Mukasey to the office of Attorney General of the United States. This is one of the most important offices that a President can fill because the Attorney General is the nation's chief law enforcement official, with unique responsibility for enforcing laws that protect the civil and human rights of all Americans and for ensuring that the United States government respects human rights in its conduct around the world. Given the office's weighty duties and the grave concerns over the faithfulness, diligence and independence with which the previous Attorney General performed them, we urge that the Senate take great care as it performs its constitutional duty to review the nomination of Judge Mukasey.

The Department of Justice (DOJ), under the leadership of the Attorney General, represents the legal interests of the American people and is charged with carrying out its duties with integrity and fidelity to our nation's laws and constitutional values. The DOJ gives effect to our laws and international obligations by initiating litigation, establishes and presents the government's positions in significant ongoing litigation, and advises the President and local governments on the legality of their policies. Over the past several years, however, public confidence in the DOJ's commitment to fulfill its duties effectively and independently has eroded, reaching a critical low point. Priorities that are mandated by law and that command broad public support have been neglected and subordinated to an agenda driven by political considerations, while Administration decisions that should be made with the advice of a neutral and independent Attorney General have been ratified by political loyalists in the DOJ.

Judge Mukasey must be evaluated on the basis of his record, including whether he has demonstrated a strong commitment to the protection of civil and human rights. Moreover, careful questioning regarding the direction in which Judge Mukasey will take the DOJ is especially important at this time. We believe that the following areas represent issues of particular concern for the civil and human rights communities.

Voting Rights
The DOJ's recent record with regard to the protection of voting rights vividly illustrates the impact that neglect for civil rights and politicization have had on some of its most important civil rights work. Because, as the Supreme Court has said, the right to vote is preservative of all rights, Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886), and determines who our elected representatives will be, it is especially critical that the protection of voting rights be vigorous and free from political influence. Yet the DOJ has repeatedly exercised its authority to encourage or permit states to limit, rather than expand, the voting franchise, often to the detriment of poor and minority voters, and in a manner that appears to favor certain political interests over others.

For example, in 2005, the DOJ approved a strict Georgia voter identification law that would disproportionately impact minorities, older Americans and other frequently disenfranchised groups who are far less likely to carry photo identification, despite the absence of a proven justification for the law. The DOJ supported a Michigan effort to reject provisional ballots cast at the wrong precinct. Under this Administration, the DOJ has filed barely any voting rights cases on behalf of African Americans and no cases on behalf of Native Americans. In fact, in 2004, political appointees at the DOJ blocked the investigation of serious allegations of voter discrimination against Native Americans in Minnesota. The DOJ has rubber stamped inadequate poll access measures for persons with disabilities, and failed to enforce the voter access provisions of the National Voter Registration Act (the "Motor Voter" bill). At the same time, the DOJ has urged states to engage in broad purges of voting lists, which has resulted in the disfranchisement of countless numbers of eligible voters.

It is particularly important that Judge Mukasey assure the Senate and the American people that, with a presidential election approaching, he will take steps to promote access to the polls for all eligible voters, challenge discriminatory barriers to the franchise, and ensure that voting rights are enforced in an evenhanded way, without regard to political interests.

Executive Power, Torture, and the Rule of Law
As the nation's chief law enforcement officer, the Attorney General is responsible for ensuring that the President operates within the bounds of the law. A rescinded - but not yet repudiated - 2002 DOJ legal memorandum abdicates this responsibility, telling the President that as commander-in-chief he is not bound by the laws of the land prohibiting torture. A similar assertion of commander-in-chief authority to ignore the law was used to justify warrantless surveillance of people in the United States in the name of national security. It is essential that any nominee to serve as Attorney General confirm to the Committee the very basic principle that protects against tyranny that even the President remains bound by the law. Recent revelations indicate that the DOJ may have taken great pains to circumvent laws prohibiting torture and cruel treatment by writing legal opinions giving the CIA free rein to carry out abusive interrogations even as Congress, under Senator McCain's leadership, was passing legislation prohibiting cruel, inhuman, and degrading treatment. As the Judge Advocates General of the Army, Navy, Air Force and Marines have since told the Congress, some of these techniques such as water boarding, binding in painful positions, and use of dogs violate U.S. and international law. The Committee should seek Judge Mukasey's commitment to reject his predecessor's convoluted interpretations of the laws prohibiting torture and cruel treatment. He should also affirm that he would not authorize any interrogation techniques that the United States would not want inflicted on an American the golden rule that has served our military so well for so long.

Warrantless secret surveillance jeopardizes the privacy rights of people in the United States in their phone calls and emails to family and friends overseas. It is important for the Committee to seek Judge Mukaseys commitment to independent judicial oversight to protect the individual rights of people in this country to the privacy of their international communications.

Under past leadership, the DOJ has also provided guidance that would allow the President to unilaterally declare any one of the 11.6 million legal permanent residents in this country an enemy combatant, lock him up in a military brig, and forever deny him access to court to review the grounds for his detention. The Committee should seek Judge Mukasey's support for restoring the basic checks and balances that define the American system of government.

Employment Discrimination
In the Employment Section of the Civil Rights Division, the number of discrimination cases brought under Title VII of the Civil Rights Act of 1964, one of the most important federal employment discrimination laws, has plummeted in this Administration. The decline is most noticeable in areas that historically have provided the highest percentage of charges. Cases alleging a pattern or practice of job discrimination against African Americans and women have dropped precipitously, and the DOJ has yet to file one Title VII case alleging job discrimination against a Latino individual. The DOJ also has filed fewer disparate impact cases, even though such cases can be a powerfully effective tool to combat systemic discriminatory employment practices. This apparent de-emphasis of certain types of cases is deeply troubling, and creates the perception that political motives rather than actual discrimination trends have displaced vigorous enforcement of the law.

Adding to the concerns about its failure to pursue certain employment discrimination cases, the DOJ also has changed legal positions taken in litigation, putting critical rights and protections at risk. In several recent Supreme Court cases, the DOJ has argued for an interpretation of Title VII that would narrow or effectively eliminate the rights of employees, contrary to the expert opinion of the Equal Employment Opportunity Commission (EEOC). Now, with several employment cases pending before the Supreme Court in which the DOJ has or may be taking a position, it is important to ascertain Judge Mukasey's views on the issues raised therein. The rights of employees are also implicated in cases raising issues of federalism and the scope of congressional authority to fully protect women, persons with disabilities and other state employees under civil rights laws such as the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), which come before the Supreme Court with some regularity. The DOJ has typically taken positions in support of broad congressional power, but given how dramatically federalism decisions threaten to limit federal civil rights laws, it is important that Judge Mukasey state his position on federalism issues.

Finally, it is critical that Judge Mukasey assure the Committee of his commitment to vigorous enforcement of the employment rights of all Americans in light of certain employment discrimination cases he decided as a federal district court judge. For example, in one particularly troubling case, Sorlucco v. NYPD, 703 F. Supp. 1092 (S.D.N.Y. 1989); 780 F. Supp. 202 (S.D.N.Y. 1992), he overturned a jury verdict in favor of a female police officer who brought discrimination claims against the New York Police Department for taking a series of punitive actions against her, culminating in termination, after she reported being raped by a fellow officer.

Fair Housing
In addition to an unexplained decline in overall cases brought, the Civil Rights Division's Housing and Civil Enforcement Section announced it would no longer pursue disparate impact housing cases, even though facially neutral housing policies can negatively affect women, minorities, and people with disabilities. The anemic performance of the DOJ on housing discrimination stands in sharp contrast to the data and common perceptions in the relevant communities indicating that housing discrimination continues to be a major barrier to neighborhood integration. Moreover, despite the recent focus on subprime lending abuses, including the steering of minority applicants to subprime loans, the DOJ has filed few fair lending cases in the recent years. The Attorney General will be in a position to help reverse these disturbing trends.

Women's Health, Privacy, and Violence Issues
The DOJ bears a critical role in enforcing and protecting women's basic rights affecting their health, privacy and safety through the positions it takes in key constitutional and statutory interpretation cases, and in many other ways. For example, it is responsible for enforcing the Freedom of Access to Clinic Entrances (FACE) Act, which is key in protecting women's access to reproductive health care. In addition, serious questions have arisen concerning the DOJ's commitment to protecting the privacy of women's medical records. Under the current Administration, the DOJ attempted to obtain women's private medical records through the civil discovery process, raising serious questions about the DOJ's sensitivity to women's privacy rights.

The DOJ also supports local prosecution and sometimes directly prosecutes crimes under the Violence Against Women Act (VAWA), and it is responsible, via the Office on Violence Against Women, for administering millions of dollars of funding for local law enforcement, courts, and advocates. The Attorney General's independence, enforcement and support on all of these issues is especially critical since newly issued policies designed to undermine women's health and safety have been repeatedly used to score political points in recent years.

Immigration
The DOJ under this Administration has also failed to meaningfully address - and in fact has aggravated - a crisis in our immigration tribunals. Immigration judges are badly overworked and their decisions in deportation cases have been characterized by arbitrariness, while their treatment of parties, including asylum-seekers, has sometimes verged on abusive. This problem has been compounded by the DOJ's appointment of political loyalists, rather than experts in immigration law, to immigration judge posts. Despite the questions regarding the quality of immigration judge decisions, the DOJ has also limited the appellate review of their decisions by the Board of Immigration Appeals. Considering the devastating consequences of immigration decisions, including separating families and deporting individuals into countries where they potentially face serious danger, solutions for fixing this badly broken system are needed from a new Attorney General.

Native American Rights
The DOJ carries primary responsibility for investigation and prosecution of crimes on reservations, and so Native Americans depend on the Attorney General to allocate sufficient resources within the DOJ to fight crime in their communities. The DOJ under the current Administration has shown a lack of commitment to address this issue, and crime rates in Native American communities have disproportionately risen in recent years.

Hate Crimes and Racial Profiling
The DOJ is also responsible for prosecuting hate crimes and racial profiling cases. While these continue to be areas of significant concern for minority communities, particularly in the aftermath of 9/11, there are questions as to whether the DOJ has devoted sufficient resources to them.

Disability Rights
The DOJ ensures that persons with disabilities are not unnecessarily segregated in institutional facilities, including hospitals, nursing homes, correctional facilities, and other institutions, and assists in protecting the employment and voting rights of disabled people. Unfortunately, the DOJ's present commitment to integrating people with disabilities into community settings, along with giving them fair treatment at work and access to the polls, is in serious doubt.

Hiring and Promotion Decisions
Lastly, the use of ideological and political litmus tests for hiring and promoting career attorneys throughout the DOJ, at the expense of talent and expertise, has significantly contributed to the deterioration of the DOJ's credibility and its ability to effectively enforce our civil rights laws.

The new Attorney General must reexamine hiring practices to ensure that talented persons who understand and are committed to the laws they will enforce are hired and promoted within the DOJ.

Nowhere is the Senate's advise and consent role in the review of a presidential cabinet appointment more important than in the case of Attorney General. We strongly urge that you engage in a searching and thorough review of both Judge Mukasey's views and his future plans for the Justice Department. We also ask that the Senate Committee on the Judiciary ensure that the hearings on Judge Mukasey's nomination are full and fair, and include the voices of individuals who will look to the next Attorney General to protect their rights.

Thank you for your consideration. If you have any questions, please feel free to contact LCCR Vice President and Director of Public Policy Nancy Zirkin at (202) 263-2880, or LCCR Counsel and Policy Analyst Paul Edenfield at (202) 263-2852. We look forward to working with you.

Sincerely,

Leadership Conference on Civil Rights
ADA Watch/National Coalition for Disability Rights
AFL-CIO
AFSCME
American-Arab Anti-Discrimination Committee
American Association for Affirmative Action
American Association of People with Disabilities (AAPD)
American Association of University Women
A. Philip Randolph Institute
American Civil Liberties Union
Asian American Justice Center
Center for Reproductive Rights
D'mos: A Network of Ideas and Action
Feminist Majority
Global Rights: Partners for Justice
Human Rights Campaign
Human Rights First
Human Rights Watch
The Interfaith Alliance
Judge David L. Bazelon Center for Mental Health Law
Justice and Witness Ministries
United Church of Christ
Lawyers' Committee for Civil Rights Under Law
Legal Momentum
Mexican American Legal Defense and Educational Fund (MALDEF)
NAACP
NARAL Pro-Choice America
National Abortion Federation
The National Association of Human Rights Workers
National Congress of American Indians
National Council of Jewish Women
National Employment Lawyers Association
National Fair Housing Alliance (NFHA)
National Lawyers Guild
National Partnership for Women & Families
National Women's Law Center
National Urban League
Open Society Policy Center
People For the American Way
Planned Parenthood Federation of America
Service Employees International Union (SEIU)
UNITE HERE

AAAA Call for Presenters for 34th Annual Conference is Available

Date: 10-21-2007 09:13:58 AM CDT

Message:

Are you interested in presenting a workshop at AAAA's 34th Annual Conference in 2008? Click on AAAA's Call for Presenters at:

http://www.affirmativeaction.org//alerts.html
-or-
http://www.affirmativeaction.org//docs/FinalCFP.pdf

and follow the instructions. The deadline is quickly approaching.

Thank you for your interest. We look forward to seeing you in Falls Church, VA, April 23 -26, 2008!