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Samuel L. Myers - Race Neutrality: Rationalizing Remedies to Racial Inequality

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Samuel L. Myers Race Neutrality: Rationalizing Remedies to Racial Inequality
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There are wide racial disparities in virtually every sphere of economic life. African American workers earn less than whites. They are more likely to be denied loans than whites. Minority-owned businesses are less likely to win lucrative bids on state and federal contracts than are white male owned businesses. Black children are more likely than whites to be reported to child protective services for neglect or abuse. There are even huge disparities in downing rates between blacks and whites. What to do about these disparities? There is a fundamental disagreement about the appropriate remedies to these varied indicators of racial inequality. Part of the disagreement stems from differences in public perceptions about the underlying causes of the inequality. But, another form of disagreement relates to the opposition to the remedy of choice during much of the 1970s and 1980s: Affirmative Action. Race conscious remedies -- like affirmative action policies in hiring, college admissions, and business contracting -- suffer from legal and constitutional challenges, compounded by hostility from the majority of Americans. The alternative race-neutral remedies attempt to address racial disparities without directly targeting benefits exclusively to racial minority group members. In doing so, race-neutral remedies putatively help minorities without hurting majority group members.

The authors of Race Neutrality: Rationalizing Remedies to Racial Inequality make the case that policy analysts should shift from a focus on whether a remedy is race-conscious or not to a focus on the underlying problem that the alternative remedies is attempting to resolve. This type of rethinking of the problem of racial inequality will reveal that sometimes race-neutral remedies hold great promise in reducing disparities. Often, however, race-neutral remedies fail to do what they are intended to do. The authors challenge the reader to think about why race-neutral remedieswhile desireable on their facemight fail to resolve protracted and persistent patterns of racial inequality in market and non-market contexts.

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Race Neutrality

Race Neutrality

Rationalizing Remedies to Racial Inequality

Samuel L. Myers, Jr. and Inhyuck Steve Ha

LEXINGTON BOOKS

Lanham Boulder New York London

Published by Lexington Books

An imprint of The Rowman & Littlefield Publishing Group, Inc.

4501 Forbes Boulevard, Suite 200, Lanham, Maryland 20706

www.rowman.com

6 Tinworth Street, London SE11 5AL, United Kingdom

Copyright 2018 by The Rowman & Littlefield Publishing Group, Inc.

All rights reserved. No part of this book may be reproduced in any form or by any electronic or mechanical means, including information storage and retrieval systems, without written permission from the publisher, except by a reviewer who may quote passages in a review.

British Library Cataloguing in Publication Information Available

Library of Congress Cataloging-in-Publication Data

ISBN 978-0-7391-8561-2 (cloth : alk. paper)

ISBN 978-0-7391-8562-9 (electronic)

Picture 2 The paper used in this publication meets the minimum requirements of American National Standard for Information SciencesPermanence of Paper for Printed Library Materials, ANSI/NISO Z39.48-1992.

Printed in the United States of America

Contents

Many graduate research assistants and former staff members of the Roy Wilkins Center for Human Relations and Social Justice, Humphrey School of Public Affairs, University of Minnesota have contributed to the work of this book.

We wish to thank Andriana Abariotes, Giovann Alarcon, Irma Arteaga, Akua Asare, Karimatou Bah, Del Brown, Jennifer Bynes, Juan Cardena, Xinzhi Chen, Britt Cecconi Cruz, Ana Cuesta, Shuyi Deng, Alejandra Diaz, Patryk Drescher, Thomas Durfee, Patrick Gao, Nathaniel Gibbs, Brian Hagerty, Jason Hicks, Aaliyah Hodge, Molly Illes, Cheryl Jeffries, Cheniqua Johnson, Lawrence Karongo, Hyeoneui Kim, Illenin Kondo, Yufeng Lai, Eryn Lee, Pa Houa Lee, Soomin Lee, Summe Lee, Tou Lee, Won Fy Lee, Rodrigo Lovaton Davila, Allan Malkis, Cheryl Mandala, Jose L. Mazas, Merone Meleken, Jessica Y Molina, Kevin Monroe, Jose Pacas, Jonathan Palmer, Lan Pham, Patricia Torres Ray, Michelle Revels, Julieth Santamaria, Bosu Seo, Jin Song, Terri Thao, Nathan Tiller, Diana Vega Vega, Gaozoupa Vue, David Waithaka, Quin Williams, and Man Xu.

Valuable editorial assistance was provided by Julia Blount, Jacqueline Higgins, Mary Lou Garza Iroegbu, and Shawn Monahan. Expert administrative and executive assistance over the years has been provided by Judy Leahy Grimes, Blanca Monter Monroy, Lawrencina Mason Oramalu, and Roseann Zimbro.

We would like to thank Dr. Sheila Diann Ards, former Associate Vice President of the University of Minnesota, for her support of our collaborative research and our use of parts of previously coauthored papers.

Many thanks as well to Bruce Corrie, Judge Lajune Lange, and Yuan Gao for use of parts of our previously circulated coauthored papers.

Generous support to the Wilkins Center permitting the research and writing was provided by the US Fulbright Foundation, the Roy Wilkins Endowment, the Minneapolis Foundation, the Bremer Foundation, the General Mills Foundation, the US Department of Housing and Urban Development, the National Institutes of Health, Minnesota Department of Transportation, and New Jersey Transit Corporation.

The six phases of postWorld War II remedies to racial inequality

Favor preference in hiring Blacks

Opposed to affirmative action by education: whites only

Differences due to discrimination44

Difference not due to discrimination: whites only

Difference due to discrimination only

Differences due to discrimination without a belief in inferiority of blacks or lack of will

Differences due to inborn disability or lack of will

Differences due to inborn disability, lack of education, or lack of will

Odds of strong opposition to affirmative action: whites only, 19942016

Ratio of black male to white male wage and salary income, 19702009

Ratio of black female to white female wage and salary income, 19702009

Ratio of black male to white male wage and salary income, 19702009

Ratio of black/white wage and salary incomes

Effect of change in state unemployment on black-white earnings inequality, females

Effect of change in state unemployment on black-white earnings inequality, males

Racial gaps in loan denial rates, 19942003

Differences in DBE goals by litigation type

Differences in relative DBE goals by litigation type

The problem to be remedied: discrimination

The problem to be remedied: past wrongs or atrocities

The problem to be remedied: blocked access to opportunities

Growth Rates in the Number of Persons in the Civilian Non-Institutionalized Labor Force vs. Employment (Minnesota)

Rates of Unemployment during the Recession (Minneapolis-St. Paul)

Racial Disproportionality Ratios, Minnesota, 2000

Substantiation Rates for Maltreatment Cases by Race of Victim T Tests between Races and Counties

Benefits to Non-DBE Prime Contractors from Participation in DBE Programs

Benefits to Non-DBE Prime Subcontractors from Participation in DBE Programs

Estimated Coefficients of State Unemployment in Earnings Equation

Freddie Mac Press Release on Credit Ratings by Race

Estimation of Deterrent Impacts of Media Exposure and HUD Enforcement, Micro Analysis

Summary Table: Pooled MSAs 19942003, Significant Negative Impacts at 5 Percent Level

Effects of Reverse Discrimination Litigation on Relative DBE Goals

Estimates of Specific Deterrent Effects of Litigation

Appendix A.1

Appendix B.1

On the Average (Negroes/Blacks/African Americans) Have Worse Jobs, Income, and Housing Than White People. Do You Think These Differences Are

Three Broad Categories of Problems and Remedies to Racial Inequality

This book has its origins in Samuel Myers and Inhyuck Steve Has collaborative research, examining the biggest affirmative action program of all time: public procurement and contracting. We, the authors, were contracted in 1999 by New Jersey Transit Corporation (NJT) to conduct a study to determine whether there were statistically significant disparities between the availability and utilization of women- and minority-owned business contractors in the market place in which NJT conducted business. We also were asked to determine whether any observed disparities could be attributed to discrimination. Based on the results of the study, conducted when Steve Ha was a graduate student and research assistant at the University of Minnesota, NJT embarked on a vigorous and sustained program of affirmative action in public procurement and contracting. Consistent with applicable rules and legislative mandates, the research team from the Roy Wilkins Center for Human Relations and Social Justice, Hubert H. Humphrey School of Public Affairs, University of Minnesota has applied novel econometric methodologies to establish the NJT participation goals for minorities and women and to partition these goals between race-conscious and race-neutral components for more than fifteen years. The methodology has withstood legal challenges in the federal courts in New Jersey and in Minnesota. Our methodology for measuring and applying the concept of race-neutrality in the case of public procurement and contracting is rooted in our collaborative work over the decades.

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