Lawyers’ Committee for Civil Rights Under Law Weighs in on State of the Union Address
January 26, 2012
Following President Obama’s State of the Union Address, Lawyers’ Committee for Civil Rights Under Law Executive Director Barbara Arnwine and Public Policy Director Tanya Clay House released the statement below:
We appreciate President Obama’s commitment toward building a fair economy that “works for everyone.” As we move further into 2012, the Lawyers’ Committee will continue to work with the Administration to advance effective strategies and tactics toward achieving this critical goal.
The President’s plan for producing more jobs, small business growth and job training is a crucial step in the right direction and we encourage the President and his Administration to be vigilant about incorporating comprehensive strategies across agencies via the administrative and legislative process that directly combat the underlying problems leading to racial disparities. African-Americans/Blacks and Hispanics/Latinos have not received a fair shot and not everyone plays by the same rules. This is why targeted strategies must be employed to ensure that minority students and workers obtain equitable education opportunities, job training and professional development, and access to fairly compete for current and future jobs.
As a result of our current unfair economy, Black wealth has plummeted. Because minorities bear a disproportionate number of foreclosures, often the result of predatory lending practices, wealth continues to fall (already 1/50th that of Whites). Sadly, the second wave of the foreclosure crisis, loan modification scams, inevitably threatens millions more distressed homeowners who have become vulnerable targets to unscrupulous and sometimes criminal third-party scammers, posing as foreclosure rescue specialists. Since the March 2010 launch of the national Loan Modification Scam Database, operated by the Lawyers’ Committee for Civil Rights Under Law, almost 21,000 complaint reports have been filed, representing more than $53 million lost to foreclosure rescue fraud. We look forward to working with the President and Congress on his new plan to encourage more refinancing of mortgages that will help to alleviate some of the financial burden that is driving American families into the arms of fraudsters.
It is a travesty that Black unemployment has remained roughly double that of whites since the government began tracking the figures in 1972. The fact that the unemployment rate for Whites is 7.5 percent while the rates for Blacks and Hispanics are 15.8 percent and 11.0 percent, respectively is unacceptable, and we cannot allow this disparity to be ignored by neglecting to institute targeted interventions. Contributing factors to the current jobs crisis include:
- Opportunity gap in education for students of color
A quality education for ALL children, including those of immigrant families, is a civil right which is vital to the stability of this country. Federal accountability is vital towards achieving this goal. Targeted intervention, to support high poverty, high minority schools that are under-resourced should not be left to the states, but must be mandatory in all schools if we are to eliminate the education and economic gap between the minority and majority population in this country. The lack of affordable housing and ongoing unfair housing practices perpetuate segregated communities and concentrations of poverty in our nation. Since segregated schools with a high concentration of minority students have a greater likelihood of being under-resourced, diversity in schools must not be an afterthought, but a requirement if American students are to compete in this global economy. The Lawyers’ Committee will continue to work with this Administration in support of recent efforts (PIC Guidance) to encourage diversity in schools and urges more public pronouncements about the importance of this goal.
- Significant Loss of public sector jobs
As a report from UC Berkeley shows, other factors contribute to the continuing high unemployment rate for African-Americans such as at least 600,000 public sector jobs being cut since the start of the recession. The report states that “about one in five black workers have public sector jobs, and African-American workers are one-third more likely than white ones to be employed in the public sector.”
- Employers’ misuse of credit checks and/or criminal histories
Although some states have worked to address employers’ misuse of criminal background checks and/or credit checks as a condition for employment and/or promotion, many have failed to do so. These discriminatory practices exacerbate socio-economic conditions of minority and low-income communities and continue to undermine unemployment programs.
Recent reports estimate that approximately 60 percent of employers use credit checks and approximately 92 percent use criminal histories to screen job applicants – often illegally.
- Pay gap between men and women, particularly women of color
Disparities in pay between men and women in the workforce also continue to exist. Gender equity issues still affect the ability of many working families to move ahead. On average, full-time working women receive only 77 cents for every dollar paid to men. Full-time African American women are paid only 61 cents and Latinas only 52 cents, for every dollar paid to white, non-Hispanic men. This disparity translates into a loss to American families of financial resources totaling $10,622 a year or $431,000 over a woman’s lifetime. Hence, passage of the Paycheck Fairness Act remains critical.
This is a vicious cycle in which the people of color are being poorly educated and not properly trained, then laid off because of the economy and continued discriminatory practices in the workforce. This results in credit problems and discriminatory practices again as they attempt to find employment, which ultimately leads toward a decline in homeownership and the decimation of Black wealth. We continue to believe that eradicating such discriminatory practices is necessary in order to stabilize the economy and alleviate the gross economic disparities in communities of color.
The importance of the federal courts cannot be ignored in this process either and we appreciate the President’s call for Congress to move nominees forward. The march toward justice relies upon a fair judiciary protect the rights of all Americans. The enormous backlogs exacerbated by the vast number of judicial vacancies due to obstructionism by certain members of Congress is unacceptable. The courts play a vital role in fostering fair and equitable opportunities for all Americans in a society still plagued with blatant economic and racial barriers.
Now, more than ever, special barriers confronting our citizens – in particular, low-income persons and communities of color -- must be vigorously addressed and systematically dismantled. With vast disparities in unemployment, housing, education and economic opportunity, to name a few, still disproportionately affecting African-Americans/Blacks and Latinos/Hispanics, the ideals of fairness, equality and justice are long overdue. Any discussion about leveling the economic playing field must include strengthened enforcement and monitoring of Title VII of the Civil Rights Act of 1964 and other civil rights laws prohibiting discrimination on the basis of race and ethnicity. This must be a top priority in achieving a fair “Blueprint for an America built to last.”
True “fairness for all” will require strategic and targeted short- and long-term strategies. It calls for vigorous systemic change and accountability at state and federal levels. It requires safeguards for equitable opportunity and protection under the law as promised in the 14th Amendment of our Constitution. Equality and justice is a right of every American and the Lawyers’ Committee remains committed to working with the President, his Administration and Congress to achieve these critical goals.
About the Lawyers’ Committee
The Lawyers’ Committee for Civil Rights Under Law (LCCRUL), a nonpartisan, nonprofit organization, was formed in 1963 at the request of President John F. Kennedy to involve the private bar in providing legal services to address racial discrimination. The principal mission of the Lawyers’ Committee is to secure, through the rule of law, equal justice under law, particularly in the areas of fair housing and fair lending, community development, employment discrimination, voting, education and environmental justice. For more information about the LCCRUL, visit www.lawyerscommittee.org.
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