When Title VII of the Civil Rights Act of 1964 passed, it was heralded as a long-overdue measure to eradicate discrimination. The law has had a profound effect on the workplace, both by helping to establish a public ethic against discrimination and by providing a mechanism by which victims of discrimination can seek redress. Both of these means, however, have run into barriers limiting their effectiveness.
The public ethic against discrimination finds its barrier at the edge of consciousness. Almost everyone in the workplace understands that discrimination is prohibited, and this understanding reduces acts of open hostility or conscious discrimination. Far fewer people in the workplace understand how underlying stereotypes can operate at an unconscious level to affect workplace decisions. This form of discrimination, while less well understood, is also prohibited. As a result, discrimination continues to occur, even in an environment where it is condemned and even by people who share in its condemnation.
The enforcement mechanism has found its barrier in a legal environment where typical dispute resolution options are unattainable for most victims of discrimination. For most workers, it is prohibitively burdensome to obtain legal assistance or to take effective action.
Although it is necessary to address both of these barriers — the complex nature of discrimination and problems with the enforcement mechanism — this article focuses on the latter, ending with a discussion of possible solutions.
Mr. Stephen Churchill:
I read your articles with great personal interest.
It is unfortunate that it is easier for the U.S. Department of Homeland Security, (DHS), and/or the media to demonize undocumented immigrants and thereby categorizing all Hispanics as a threat. Most of these uninformed bigots cannot distinguish between the different Hispanic nationalities nor do they care.
This has created an increase of discrimination complaints by Hispanic US Citizens in all areas of employment, the federal sector, private sector and yes, the military too. We find ourselves constantly proving our Patriotism in all our endeavors.
In other words, some of the causes you described for the continued discrimination is augmented; as described by author Tony Horwitz, by Hispanophobia (1) and /or as described by Geraldo Rivera in is book, HISPANIC (2).
My perspective is; Conspiracy to Violate Hispanic Civil Rights and the Civil rights of other underrepresented people*.
DHS national priority is the targeting of undocumented immigrants as a National Security Threat. The chemical attack of our nation with Drugs has proven more effective in killing our youth, increase in drug related murder, crime, economic strains, etc. It’s easy to point fingers to others for the lack of foresight. The fact is the DHS is morally corrupt and anybody who speaks against them is un-American and a traitor.
Since the 2003 DHS boondoggle true law enforcement went out the window.
I am also a recently retired Federal employee and a true witness of the difficulties facing Hispanics Americans who strive to achieve and pursue senior level positions in the Federal workforce.
As a senior manager I was the victim of discrimination and retaliation.
After 28 years in Federal Law Enforcement fighting crime and fighting the agencies I served is the reason why I scribed the attached position paper. Hopefully the information provided will stimulate action.
Rubén E. González
SOURCES:
1. HISPANOPHOBIA: A historic case of American amnesia
We choose not to remember that, long before the Pilgrims arrived at Plymouth Rock, Spanish explorers had settled in across the continent
Tony Horwitz, author
2. His Panic: Why Americans Fear Hispanics in the U.S.
Geraldo Rivera, author
RELATED ARTICLE:
Anti-Government Movement Exacting Big Toll on Minorities
Posted by Bill Conroy – September 5, 2011
http://narcosphere.narconews.com/notebook/bill-conroy/2011/09/anti-government-movement-exacting-big-toll-minorities
*Title 18, U.S.C., Section 245
Federally Protected Activities
1) This statute prohibits willful injury, intimidation, or interference, or attempt to do so, by force or threat of force of any person or class of persons because of their activity as:
a) A voter, or person qualifying to vote…;
b) a participant in any benefit, service, privilege, program, facility, or activity provided or administered by the United States;
c) an applicant for federal employment or an employee by the federal government;
d) a juror or prospective juror in federal court; and
e) a participant in any program or activity receiving Federal financial assistance.
2) Prohibits willful injury, intimidation, or interference or attempt to do so, by force or threat of force of any person because of race, color, religion, or national origin and because of his/her activity as:
a) A student or applicant for admission to any public school or public college;
b) a participant in any benefit, service, privilege, program, facility, or activity provided or administered by a state or local government;
c) an applicant for private or state employment, private or state employee; a member or applicant for membership in any labor organization or hiring hall; or an applicant for employment through any employment agency, labor organization or hiring hall;
d) a juror or prospective juror in state court;
e) a traveler or user of any facility of interstate commerce or common carrier; or
f) a patron of any public accommodation, including hotels, motels, restaurants, lunchrooms, bars, gas stations, theaters…or any other establishment which serves the public and which is principally engaged in selling food or beverages for consumption on the premises.
3) Prohibits interference by force or threat of force against any person because he/she is or has been, or in order to intimidate such person or any other person or class of persons from participating or affording others the opportunity or protection to so participate, or lawfully aiding or encouraging other persons to participate in any of the benefits or activities listed in items (1) and (2), above without discrimination as to race, color, religion, or national origin.
Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be subject to imprisonment for any term of years or for life or may be sentenced to death.
POSITION PAPER
The Office of Personnel Management, Federal Equal Opportunity Recruitment Program Ninth Annual Report on Hispanic Employment in the Federal Government date April 2010, again concluded that Federal agencies have had years to diversify and failed to do so. We see no need to give the agencies additional time/chances to fail or slow roll the diversity mandate and in the process deprive our nation of the talent it so desperately needs.
The eight previous reports have also demonstrated that Hispanics and other minorities were more heavily concentrated in lower-graded jobs – and this unequal concentration could not be fully explained by varying education and experience levels.
This disparity has widened by 29 percent between 2000 and 2005, and is expected to increase from 10 to 13 percent by 2010.
A further analysis demonstrates that there has been only a 0.1% increase in the representation of Hispanics in the federal workforce from 2008-2010.
The issue with Hispanics is the same as with all other minorities, our contributions are ignored.
Hispanic Americans have steadfastly defended and died for our nation even while enduring discrimination and segregation in the U.S. Military. Forty-three men of Hispanic heritage have been awarded the Medal of Honor.
Furthermore, most recently Hispanic Americans have made up a significant portion of the casualties that American forces have experienced in Iraq and Afghanistan. Between March 19, 2003 and May 1, 2010, 463 military service members who classified themselves as Hispanics or Latinos died in the service of their country, representing 10.6 percent of military deaths. During the same period, 1,999 Hispanics were wounded in action, representing 6.3 percent of all wounded service members.
Hispanic Americans have also defended our nation in the war against crime while serving in law enforcement. Hispanic Americans have contributed to our nation since its birth to the present.
In law enforcement during the first half of the 20th Century, a total of 90 Hispanic officers made the ultimate sacrifice. As the Hispanic American population of the United States grew as a whole, so did the number of Hispanics serving in law enforcement – and the sacrifices endured by these brave men and women. From 1950 through 1999, 407 Hispanic officers died in the line of duty.
Since the year 2000, more than 140 Hispanic American officers have made the ultimate sacrifice, including 20 in 2007. Over the last decade, 1 in 10 law enforcement fatalities in the United States has involved a Hispanic American officer. In 2009, 11 of the 115 officers killed in the line of duty were Hispanics.
Most current available data demonstrate that 10 of the 82 officers killed in 2010 were Hispanics.
What else can Hispanic American citizens do to prove loyalty to our nation?
Some may say that Hispanics do better in private industry. Information from the Fortune 500 companies does not corroborate that believe. What is factual is based on the many Presidential Executive Orders; Hispanics remain the most underrepresented group in federal service.
Over the past 65 years, the federal government has reported an annual disparity in Hispanic hiring compared to overall minority participation in federal service.
The biggest equality in the U.S. is that all minorities are equally discriminated.
The more things change, the more they remain the same.
On July 08, 2008, at the League of United Latin American Citizens Washington D.C. conference now President Obama stated in essence; I’m told that today’s theme is “diversity in government.” So I’ve been thinking about why that’s important and about what it means to have a government that represents all Americans. It’s not just about making sure that men and women of every race, religion, and background are represented at every level of government – though that’s a critical part of it. It’s not just about sending a message to our children that everyone can lead and everyone can serve – although that too is important. It’s about making sure that we have a government that knows that a problem facing any American is a problem facing all Americans.
The paradox is that many non-Hispanics and some Hispanics perceive that the Hispanic issue is the problem of immigration.
True we have a broken system, I am personally aware of this problem. It should not be surprising to believe that our government does not want to stop illegal immigration. The same holds true that our nation does not want correct the continued discrimination of U.S. citizens of Hispanic decent!
It is inconceivable that the nation who put men on the moon cannot find a way to promote or hire Hispanic American citizens in federal service. The totality of all the above mentioned reports, comments and studies demonstrate a pattern and practice of discrimination against Hispanic citizens.
Another perspective is a; Conspiracy to Violate Hispanic Civil Rights, ………if two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; … [they shall be guilty of a crime against the United States].
The broad underlying purpose of the Civil Rights Act of 1964 was to eliminate the pervasive discrimination against racial minorities that had long existed in American society. The two most important provisions of the act are Title II and Title VII, which provided federal administrative and judicial remedies against racial and other groups, based kinds of discrimination in public accommodations and in employment, respectively. The Supreme Court has interpreted the act with reference to its broad underlying purpose and has resolved the major substantive and remedial questions under the act in such a way as to maximize the protection afforded to racial minorities.
Hispanics did comparatively poorly under all of the hiring methods. Without increased efforts by agencies to hire more women and minority veterans—especially Hispanic veterans—at the upper levels, it will be difficult to achieve parity at these grade levels.
The pattern of Hispanic Discrimination is the same within the government as the pattern of Discrimination is in the recruiting of Hispanics for federal service.
Many Hispanic Americans voted for President Obama. Many of us had faith that an African American given his own struggles for equality would endeavor to actually make a difference. As articulated in this position paper, in the last 65 years hundreds of surveys, reviews, EEOC studies, OPM investigations, DOJ investigations, MSPB findings all have concluded or reported the same findings; Hispanics remain the most underrepresented minority group in the federal senior and executive positions. The only accomplishment that has resulted from these “Diversity Surveys” has been recommendations for changes in policy. It is a futile effort to make recommendations without authority to enforce those recommendations. No specific consequences for non-compliance maintain the status quo.
The issue of Race in our nation cannot be resolve over beers in a patio.
Based on the aforementioned, the courts and the government continued failure to protect the Civil Rights of Hispanic American Citizens seems suspicious.
” What can we do now”?
…..”Give the people the facts and they will make the right choices.”
Abraham Lincoln
Rubén E. González
Independent Law Enforcement Consultant
Associate Special Agent in Charge (Ret).
U.S. Department of Homeland Security
Office of Investigations