Published on November 10, 2014
From slavery to eugenics; from social Darwinism to the civil rights movement; from the hydrogen bomb to Barack Obama; from multiculturalism to Singularity, this presentation traces the social, political and moral development of America since its inception to the 21st century.
1. John J. Sarno, Esq. 1 Race, National Identity and Multiculturalism A Legal, Social and Ethical Perspective
2. 2 House Resolution 194 (July 29, 2008) US House of Representatives issues an apology for slavery in the United States from 1619-1865. Excerpts “Visceral racism became entrenched in the nation’s social fabric.” Segregation “was a direct result of the racism engendered by slavery.” “African-Americans continue to suffer from the complex interplay between slavery and segregation long after both systems were formally abolished, through enormous damage, including loss of human dignity, the frustration of careers and professional lives, and the long-term loss of income and opportunity.”
3. Slavery was preserved in the US Constitution 3 The Fugitive Slave Clause All persons held to service or labor in one state, under the laws thereof, escaping into another, shall be delivered up on a claim of the party to whom such service or labor is due.
4. 4 Dred Scott v. Sanford US Supreme Court (1857) Upholds Fugitive Slave Act. Court also rules that slaves cannot sue in federal court since they are “property” not “persons” under the Constitution.
8. 8 13th Amendment abolishes slavery and involuntary servitude. 14th Amendment guarantees full rights of citizenship regardless of race and equal protection under the law. Congress passes Civil Rights Act of 1866 entitling same treatment in public accommodations and the right to enforce contracts regardless of race, color, or previous condition of servitude.
12. 12 The Civil Rights Cases (1883) Blacks allege violation of Civil Rights Act when denied access to a public inn. Court holds that Congress has no authority to prohibit acts of private discrimination.
13. 13 Plessy v. Ferguson (1896) “Separate but equal” upheld
15. Immigration Restriction League Is the United States “to be peopled by British, German and Scandinavian stock, historically free, energetic, progressive, or by Slav, Latin and Asiatic races, historically down-trodden, atavistic and stagnant.” 15
16. 16 Racial quotas imposed on immigration law Theodore Roosevelt warns Congress of “racial suicide” and charges that white women who do not have children are committing “crimes against the race”.
18. 18 Heredity Commission is formed to “encourage the increase of families of good blood and discourage the vicious elements in the cross-bred American civilization.”
21. 21 International Eugenics Conference promotes mandatory sterilization as the best way to prevent “defective germ-plasm” and the propagation of “mental defectives.”
23. 23 Holden v. Hardy U.S. Supreme Court (1898) Upholds Utah law establishing 8-hour day for minors. Court defers to state legislators to restrict hours of work “detrimental to the health of the employee”.
24. 24 Jacobson v. Massachusetts (1905) Upholds compulsory vaccination. State law was legitimate exercise of state’s “police powers” to protect public health and welfare.
25. 25 Lochner v. New York U.S. Supreme Court (1905) New York enacted statute prohibiting bakers from working more than 60 hours a week or 10 hours per day. Holding: Violated “liberty” protected by 14th Amendment. Employers and employees are equally free to bargain to their best advantage.
26. 26 Muller v. Oregon U.S. Supreme Court (1908) Upholds state law limiting women to a 10-hour day. Does not overrule Lochner. Court finds that “healthy mothers are essential to vigorous offspring” and therefore, “the physical wellbeing of women becomes an object of public interest”.
27. 27 Buck v. Bell U.S. Supreme Court (1927) Supreme Court upholds Virginia statute that promotes the sterilization of “mental defectives”. Court finds state’s power to promote public health, safety, welfare and morality encompasses sterilization.
28. “It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to cover the Fallopian tubes. Three generations of imbeciles are enough.” 28 Buck v. Bell (1927)
29. 29 Buck v. Bell is based on “progressive” theories of human evolution (natural selection) Eugenics/Social Darwinism “Survival of the Fittest” Genetic Predetermination/The Role of Government
35. 35 Hammer v. Dagenhart U.S. Supreme Court (1918) Federal Child Labor Act violates Commerce Clause. The law aimed to set a minimum age to work in mining and manufacturing. Holding: The production of articles intended for interstate commerce is a matter of local regulation.
40. 40 National Industrial Recovery Act of 1933 Suspended antitrust law in some industries Permitted price and wage fixing Adopted inspection codes 40 – hour work week Overtime pay Set a minimum wage Ended child labor Allowed collective bargaining
41. 41 Schechter Poultry v. United States U.S. Supreme Court (1935) Schechter charged with “the sale to a butcher of an unfit chicken”. NIRA exceeds Congress’ power to regulate commerce. In this case, the chicken was raised and slaughtered locally and was sold only to interstate buyers.
42. 42 Carter v. Carter Coal Co. U.S. Supreme Court (1936) Law that establishes minimum wage and restriction on hours in coal industry exceeds Congress’ authority to regulate interstate commerce. “Production is not commerce; but a step in preparation of commerce.”
45. 45 West Coast Hotel Co. v. Parrish US Supreme Court (1937) California enacts minimum wage law for women in the hotel industry. Parrish sues alleging she is paid a substandard wage. Holding: State minimum wage law does not violate “liberty of contract” under the 14th Amendment. Court finds that employer and employee are not equally free in negotiating contracts.
46. 46 West Coast Hotel Co. V. Parrish (continued) Court takes judicial notice of economic depression and the “alarming degree of economic insecurity.” “The community is not bound to provide what is in effect a subsidy for unconscionable employers.”
47. NLRB v. Jones & Laughlin Steel Corp. 47 US Supreme Court (1937) National Labor Relations Act, which guarantees the right to organize labor unions, does not violate Commerce Clause. Ensuring “labor peace” has a direct impact on interstate commerce.
48. 48 Helvering v. Davis U.S. Supreme Court (1937) Social Security Act upheld. Congress can tax and spend money for the “general welfare”. Old age, relief, unemployment are national problems. Laws of separate states are inadequate. “When money is spent for the general welfare, the concept of welfare is shaped by Congress, not the states.”
49. Executive Order 8802 (1941) Prohibits discrimination based on race, creed, color or national origin by defense contractors 49
50. 50 United States v. Darby U.S. Supreme Court (1941) Fair Labor Standards Act upheld Minimum wage Overtime pay Child labor restrictions Court defers to Congress in determining what constitutes interstate commerce.
53. 53 Wickard v. Filburn U.S. Supreme Court (1942) Federal law regulates wheat production. Filburn, a small farmer, produces wheat over his designated allotment. The surplus was used for feeding his poultry and livestock, and was not sold in the marketplace. Holding: Congress has the authority to regulate any article or product that could be sold in interstate commerce.
55. 55 Eugenics is discredited when evidence of racial experiments conducted by Nazi doctors is uncovered.
57. 57 U.S. Department of Defense human radiation experiments 1946-1974 (16,000 subjects) • Prisoners • Soldiers • Alaskan Villagers • Retarded and Institutionalized Teenagers • Cancer Patients
58. CIA funded Georgetown Medical School’s research that administered LSD to mental patients. 58
60. 60 Scarcity is replaced by Affluence
62. Desegregation of Military 62 Executive order 9981 (1948)
63. Brown v. Board of Education, Topeka, Kansas 63 US Supreme Court (1954) Overrules “separate but equal” in public education. Holds that suit can be brought against school board under 14th Amendment.
65. 65 Civil Rights Act of 1964 Prohibits discrimination based on race, color, religion, sex, or national origin • public accommodations • employment • public education • voting • government services • public transportation • creates Equal Employment Opportunity Commission
66. 66 Executive Orders 1941 - Prohibits discrimination based on race, creed, color or national origin by defense contractors 1953 - Establishes Committee on Government Contractors 1961 - Prohibits discrimination by all federal contractors and urges them to use “affirmative action.” 1965 - Requires Affirmative Action Plans by federal contractors and equal employment opportunity in federal government. 1967 - Prohibits discrimination against women by federal contractors.
67. 67 Heart of Atlanta Motel v. US US Supreme Court (1964) Upholds Civil Right Act of 1964. Congress can use Commerce Clause to regulate private transactions that impact “interstate commerce.”
68. 68 Compare the Civil Rights Cases (1883), Congress has no power under the 14th Amendment to enact civil rights laws. with Heart of Atlanta Motel, Congress has power under Commerce Clause to enact civil rights laws.
69. Loving v. Virginia (1967) Virginia’s Racial Integrity Act violates equal protection under the law 14th Amendment’s 69
72. Griswald v. Connecticut (1965) Connecticut law criminalizing contraception violates 14th Amendment right to “privacy” 72
73. 73 Roe v. Wade (1973) Right of privacy is based on liberty and due process and is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.
75. Bowers v. Hardwick (1986) Georgia sodomy law violates 14th Amendment 75
76. Perry v. Schwarzenegger (2010) Proposition 8 amending California Supreme Court which bans same-sex marriage violates equal protection under the law under 14th Amendment 76
77. 77 Liberty, Property, Equality Power of Government to Regulate 1900 2000 Blue: Economic and Social Affairs Red : Personal Affairs
78. 78 Human Genome Project
79. Humans are 99.9 percent genetically identical to any other unrelated person 79
81. Genetic Anthropology Good or Bad Science? - humans are cooperative by nature - humans “fear the other” by nature - humans are “traders” by nature - humans are empathetic by nature - humans are moral by nature 81
82. 82 What are the ethical implications? Test to determine predisposition to disease? Testing a fetus for precondition? Testing fetus for intelligence?
83. 83 What about altering genes? stronger faster taller smarter
84. 84 The Culture Wars Engineering Right to Die Stem Cell Euthanasia Cloning
85. 85 More “junk science?”
86. The Singularity Movement 86
87. Liberty 87 Property Equality
88. 88 In issuing Executive Order 11246 (1965), President Johnson states: “Freedom is not enough. Equal employment opportunity is essential, but not enough.” Is an apology, enough? Are reparations, enough?
89. 89 In 1999, Swiss banks paid $1.25 billion to Holocaust victims and wartime slave laborers. In 2000, German companies pay into a victims’ compensation fund. Banks, insurance firms, railroads and other American companies profited from slavery. 100 have been sued. Many have issued apologies.
90. 90 The Daimler-Chrysler Merger
91. 91 LESSONS FROM TEXACO
92. 92 The Company In 1994, Texaco is ranked 9th on the Fortune 500 list with over $33 billion in revenue 20,000 employees in the US 9% of the US workforce is African-American 23% woman and minorities
93. In 1994, an African American accountant filed suit alleging job 93 discrimination, unequal pay and race harassment. Soon four other exempt employees joined the suit and the complaint was transformed into a class action, which alleged a pattern and practice of: – Denying employees the opportunity for promotion and refusing to promote qualified African-American employees – Denying employees comparable salaries, raises and other compensation given to white employees – Preventing African-Americans from acquiring the experience and opportunities necessary to obtain the qualifications to be promoted – Retaliating against employees who assert their civil rights through intimidation, diminishment of work and termination
94. 94 Specific “Glass Ceiling” allegations included: • Failure to establish objective criteria for promotions • Ad hoc, subjective decision-making by management • No written policies regarding promotions • A performance grading system that changed frequently and resulted in arbitrary rankings • Lack of internal controls regarding employment practices Filing managerial positions on a word-of-mouth basis Failure to post openings No right to appeal performance reviews
95. The Complaint also alleged a “racist culture,” including: • Supervisors referring to African-Americans as “orangutans” and “porch monkeys” • Referring to one of the plaintiff’s as “Aunt Jemima” and another as “a little colored girl” • A company representative advising a franchisee to “hire yourself a cheerful colored boy, the bigger and darker the better and then send him around town in white coveralls with the [name of the] gas station on the back” • A manager dressed as Sambo at a company-sponsored Halloween party 95
96. 96 Texaco denied the allegations in the complaint and prepared to defend “We believe the complaint lacks merit…If it goes to court, we will prove it.” In 1995, Texaco’s directors denied a shareholder petition seeking a resolution relating to employment opportunity as “redundant and wasteful of corporate resources.” Texaco’s 1995 Annual Report reaffirmed the company’s “commitment to diversity…respect for the individual and [Texaco’s] long-standing policies of equal opportunity for all employees.”
97. 97 In 1997, Texaco agreed to pay $176 million to settle a race discrimination lawsuit, the largest settlement in history. – $115 million for lump-sum payments to 14,000 salaried black employees who worked for the company between 1991-1996 (about $63,000 per employee) – $26 million over five years to give these employees an 11% pay raise – $5 million for a five-year task force that would revise HR policies throughout the company
98. 98 What happened?
99. Large corporations traditionally promised job security in exchange for loyalty and discipline 99 At Texaco, many managers (primarily white males) spent their entire careers at the company Downsizing and restructuring are viewed as acts of betrayal
100. In 1994, Texaco’s Houston facility undergoes an OFCCP compliance audit and finds violations of Executive Order 11246 and reprimands the company for disparate impact and treatment of its policies and practices Texaco commits to raising the percentage of African Americans in management. 100
101. 101 In 1996, the global energy industry was going through major consolidation and restructuring and a wave of layoffs was imminent.
102. 102 Layoffs AfBfilramcka tCivoell aArction
103. 103 Company attempts diversity training, but division becomes worse At company function “celebrating” diversity, some African-Americans refuse to stand for National Anthem. When an African-inspired anthem is played, some white employees walk out
104. During this time, a meeting was held between a senior HR coordinator and the company treasurer to discuss the production of documents in the class action. Both were senior level managers with long-term tenure. Both were experiencing the threat of layoff. The HR coordinator was secretly recording all day. 104 After being laid off, the HR coordinator gave recordings to plaintiffs’ counsel and a transcript was published by the NY Times.
105. 105 Relevant Portions of Transcript Texaco Treasurer: I’ve heard this diversity thing. You know, how black jellybeans agree. Senior HR Coordinator: That’s funny. All the black jellybeans seem to be glued to the bottom of the bag. Treasurer: You can’t just have we and them. You can’t just have black jellybeans and other jellybeans. It doesn’t work. HR Coordinator: Yeah. But they’re perpetuating the black jellybeans. Treasurer: I’m still having trouble with Hanukkah. Now we have Kwanza.
106. Popular analogy used in diversity training is the jar of jelly beans 106 “I’ve heard this diversity thing. You know, how black jellybeans agree… You can’t just have we and them. You can just have black jellybeans and other jellybeans. It doesn’t work …they’re perpetuating the black jellybeans. It perpetuates ‘us’ and ‘them.’
107. 107 Anger and resentment are caught on tape “The pendulum’s swinging the other way guys I hate to tell you…and if you’re trying to get away from and get to the ‘we,’ you can’t do that kind of stuff. It doesn’t work. They’re perpetuating the black jelly bean. It perpetuates ‘us’ and ‘them.’ When they came in with these African things…I refuse to go for that…I walked out during, when they did their version of the national anthem…when they sat, during ours, ‘ours’ (!), as though they’re not included…we have two friggin national anthems!”
108. 108 After tapes are made public – Texaco’s stock price falls A stock divestiture campaign is organized by the NAACP A boycott of Texaco dealers is organized by Operation Push Texaco goes into full damage control mode
109. 109 Texaco’s CEO - “It is incredible to me that any managers or executives within our company had the gall, the intolerance, the insensitivity, to say the things that they said. They are statements that represent a profound contempt…not only for Texaco’s values but for fundamental standards of fairness, of mutual respect, and of human decency.”
110. 110 The Case Settles $176 million
111. 111 In settling the class action, Texaco’s CEO states: “Texaco is committed to developing and instituting specific, effective policies that will ensure discrimination is wiped out wherever it might be, and that it will expand the positive economic impact we can have in the minority community.”
112. 112 Is it Enough? CEO offers apology “I am sorry for the incident. I pledge to you that we will do everything in our power to heal the painful wounds that the reckless behavior of those involved have inflicted on all of us…” Senior Executives visit each Texaco location to apologize Meeting are convened to reaffirm core values More diversity training is scheduled in 2-day sessions Ethics Hotline is established Complete overhaul of HR policies is started Special Board of Directors’ committee on diversity is formed
113. Is electing an African-American President enough? 113
114. 114 THE UNITED STATES IS A MULTICULTURAL NATION THE UNITED STATES IS A MULTICULTURAL NATION 150 DISTINCT ETHNIC GROUPS 200 RELIGIOUS TRADITIONS IT IS COMPRISED OF 150 DISTINCT ETHNIC GROUPS
115. 115 The Diverse Workplace 57% of the working population is female, minority or both US Department of Labor estimates that 85% of new hires in the foreseeable future will be women and minorities Between 1990 and 2001, one of every two workers in the US was foreign born Women and minority men (African-American, Hispanic, Asian-American) will make up 62% of the workforce by the year 2020
116. 116 Diversity within families has grown. More than 20% of Americans have a relative married to someone of another race.
117. Ethnic and racial minorities will comprise 117 a majority of Americans by 2042.
118. 118 Spending Power of Various Communities 2007 $927.1 Billion – Latinos $852.8 Billion – African-Americans $608.0 Billion – GLBT Community $454.9 Billion – Asian Americans
120. Determinants of Success: Knowledge – intensive Flexible Life-long Learning Cultural Competency Innovation 120