89-527 L
CRS Report for Congress
Affirmative Action: The Debate, The Supreme Court, and Employment; Selected References

Tangela G. Roe
Bibliographer, Government and Law
Library Services Division

September 1989
CRS
Congressional Research Service * The Library of Congress

AFFIRMATIVE ACTION: THE DEBATE, THE SUPREME COURT, AND EMPLOYMENT; SELECTED REFERENCES

SUMMARY

This bibliography focuses on several of the key issues important to an understanding of affirmative action. The first section identifies materials that debate the pros and cons of affirmative action and discuss its constitutionality. A key issue in this debate centers around reverse discrimination, a term used to describe what is perceived as the negative impact on those affected by steps taken to promote affirmative action. The second unit contains materials on Supreme Court cases on affirmative action. The third part addresses employment issues. This portion is divided into subsections on general materials, the Federal Government, State and municipal government, and private employers.

The bibliography is comprised of materials from newspapers, magazines, reports, hearings, and scholarly journals. Books from the Library of Congress’ general collection and CRS products are also included. References from 1987 to August 1989 were selected from the PPLT (Public Policy Literature) database and from the Library of Congress Computerized Catalog.

For references to earlier works, see two bibliographies authored by Charles P. Dove titled, Affirmative Action: Bibliography-in-Brief: 1983-1986, January 1986 (L0581); and 1985-1987, February 1987 (87-180 L).

CONTENTS
I. THE AFFIRMATIVE ACTION DEBATE...............1
II. SUPREME COURT CASES........................5
III. EMPLOYMENT................................13
A. GENERAL MATERIALS...........................13
B. FEDERAL GOVERNMENT..........................15
C. STATE/MUNICIPAL GOVERNMENT..................19
D. PRIVATE SECTOR..............................20

AFFIRMATIVE ACTION: THE DEBATE, THE SUPREME COURT, AND EMPLOYMENT; SELECTED REFERENCES
I. THE AFFIRMATIVE ACTION DEBATE
Affirmative action and the Constitution. In Constitutional controversies. Edited by Robert A. Goldwin, William A. Schambra and Art Kaufman. Washington, American Enterprise Institute for Public Policy Research, 1987. p. 97-127. LRS87-14064. 

In a discussion held on May 21, 1985, participants discuss several topics pertinent to the controversies surrounding affirmative action. Among the issues discussed are if there is a need for "race-conscious remedies to increase minority group opportunities in employment" and whether such remedies are unconstitutional. Among the five discussants are William Bradford Reynolds, former assistant attorney general in charge of the Civil Rights Division and Benjamin L. Hooks, executive director of the National Association for the Advancement of Colored People.

Affirmative action: cure or contradiction? Center magazine, v. 20, Nov.-Dec.1987: 20-23, 25, 27-28. LRS87-11544

Presents comments of Professor G. Binion, University of California, Santa Barbara; V. Carson, NAACP; J. Duff, attorney in Los Angeles; Professor E. Erler, San Bernardino State University; Lecturer S. Kennedy, University of California, Santa Barbara; S. Kincaid, director for rental housing at Santa Barbara’s Franklin Neighborhood Center; D. McDonald, former acting director at the Center for the Study of Democratic Institutions; Chairman C. Thomas of the US. EEOC; and Visiting Scholar A. Wortham, Hoover Institution.

Affirmative action: symposium. Iowa law review, v. 72, Jan. 1987: 255-285. LRS87-14138

Contents.--Continued uncertainty as to the constitutionality of remedial racial classifications: identifying the pieces of the puzzle, by Jesse H. Choper.--Missing pieces: a commentary on Choper, by Rex E. Lee.--Affirmative action and the Constitution: three theories, by Paul Brest.

CRS-2
Binion, Gayle. Affirmative action reconsidered: justifications, objections, myths and misconceptions. Women & politics, v. 7, spring 1987: 43-62. LRS87-13129
"The current attack on affirmative action in the United States is based on a series of misconceptions about the nature and operation of affirmative action programs. Critics claim that gender or race consciousness is inherently 'reverse discrimination.' This and other objections to affirmative action are explored and critiqued.”

Equal opportunity. Edited by Norman E. Bowie. Boulder, Westview Press, 1988. 200 p. HF'5549.5.A34E7 1988
This book examines the: meaning of equal opportunity. Part One analyzes whether the goal of equal opportunity is an impossible one. Part Two looks at whether equal opportunity is a useful goal. Part Three examines the concept in the democratic process.

Freiwald, Aaron. William Bradford Reynolds. American lawyer, v. 11, Mar. 1989: 147-151. LRS89-2893
Profiles William Bradford Reynolds and discusses his controversial tenure as Assistant Attorney General for Civil Rights.

Glazer, Nathan.
The affirmative action stalemate. Public interest, no. 90, winter 1988: 99-114. LRS88-476
"Within the initial boundaries, affirmative action, particularly as it affects blacks and women, has been institutionalized and has become an accepted part of the American economic scene. It will be very hard to uproot. There is now a serious question whether one should try."

Affirmative discrimination: ethnic inequality and public policy. Cambridge, Mass., Harvard University Press, 1987. 248 p. JC599.U5G53 1987

This monograph is a reissue of a 1975 publication, "based on the William W. Cook Lectures on American Institutions, which [Glazer] delivered at the University of Michigan in April 1974, under the title 'The American Ethnic Pattern: A New Phase.'" Glazer challenges practices that take into account sex and race and argues that to correct the affirmative action practices that have resulted since the mid-sixties, "it is now our task to work with the intellectual, judicial, and political institutions of the country to reestablish the simple and clear understanding that rights attach to the individual, not the group, and that public policy must be exercised without distinction of race, color, or national origin."

CRS-3
Kramer, Larry. Consent decrees and the rights of third parties. Michigan law review, v. 87, Nov. 1988: 321-364. LRS88-14561
Article describes "the dynamic of the consent decree process: why parties want consent decrees and why courts agree to enforce them... Considers whether there is any reason to prevent third parties from bringing an independent action attacking a consent decree." Considers whether the collateral attack bar (which channels third party attacks to the court that entered the consent decree) is constitutional. Concludes that "third parties should not be able to force adjudication of the claim settled by the consent decree, and there is no reason to require a fairness hearing before entering the decree." Uses examples from affirmative action cases.

Kubasek, Nancy. Giapetro, Andrea M. Moving forward on reverse discrimination. Business and society review, no. 60, winter 1987: 57-61. LRS87-2724
Discusses several of the arguments against affirmative action that use the concept of reverse discrimination to support their positions. Argues that affirmative action is not reverse discrimination and portends that "perhaps with the use of affirmative action, it may one day no longer be true that blacks are unequal to whites and therefore do not need such programs to compete in the economic game." Concludes that until such time, affirmative action is necessary.

Landers, Robert K. Is affirmative action still the answer? Washington, Congressional Quarterly, 1989. p. 197-212. (Editorial research reports, 1989, v. 1, no. 14) LRS89-6069
"Affirmative action survived the Reagan administration’s assault and is now an established fact, both in government and in big business. But with the success of the black middle class and the troubles of the largely black underclass, is affirmative action still relevant to the needs of today’s black Americans?"

Merriman, W. Richard, Jr. America’s second racial dilemma: what’s fair and what’s constitutional in the search for racial justice? Bloomington, Poynter Center, Indiana University, c1987. 16 p. (Bicentennial of the Constitution lecture series) LRS87-13108
Lecture given at Indiana University, Nov. 19, 1986, and at Purdue University, West Lafayette, Nov. 20, 1986, by the Director of the Jefferson Foundation, Washington.

CRS-4
Spencer, Janet Maleson. When preferential hiring becomes reverse discrimination. Employee relations law journal, v. 14, spring 1989: 513-529. LRS89-4184 
"The question here is not whether the principle of affirmative action is correct, about which one may argue at length, but with the more practical question of when, and under what circumstances, and in what form, a specific affirmative action plan will be deemed to be valid and hence constitute a defense to a claim of reverse discrimination."

Williams, Juan.
In his mind, but not his heart. Washington post, Jan. 10, 1988: 10-17. LRS88-336
"For many people in this country, civil rights is the most emotional issue of their lives. For Assistant Attorney General William Bradford Reynolds, it’s an interesting intellectual puzzle .... He will have a place in the history books as the first assistant attorney general for civil rights to try to get the federal government, local governments and even the courts to halt a wide range of established civil rights reforms, from affirmative action to busing."

II. SUPREME COURT CASES
Affirmative action cases from the 1988-89 term of the Supreme Court: collection of articles compiled by CRS, covering the period June 10, 1989-July 2, 1989. 24 p. LRS89-6607
Discusses the Court’s decisions that have implications for affirmative action. Cases discussed include City of Richmond v. J. A. Croson Co., Wards Cove Packing Co. v. Atonio, Martin v. Wilks, and Patterson v. McLean Credit Union. Articles are drawn from the New York Times, Congressional Quarterly Weekly Report, Los Angeles Times, Washington Post, Newsweek, and Time.

Belton, Robert. Reflections on affirmative action after Paradise and Johnson. In Symposium on civil rights and civil liberties in the workplace. Harvard civil rights-civil liberties law review, v. 23, winter 1988: 115-137. LRS88-2253
This Article reviews the Supreme Court decisions regarding the United States v. Paradise case, which "involved the legality of a court-ordered affirmative action plan” and the Johnson v. Transportation Agency, Santa Clara County, Calif, case involving a voluntary affirmative action plan.”

Benjamin, Joyce Holmes.
The Supreme Court decision and the future of race-conscious remedies. Government finance review, v. 5, Apr. 1989: 21-24. LRS89-2653 
Analyzes "the U.S. Supreme Court’s January 1989 decision striking down the City of Richmond, Virginia’s, minority contractor set-aside program." Examines whether the decision will "jeopardize similar plans adopted by other state and local governments?"

Blum, Karen M.
Section 1981 revisited: looking beyond Runyon and Patterson. Howard law journal, v. 32, no. 1, 1989: 1-38. LRS89-4151
Discusses Runyon v. McCrary and Patterson v. McLean Credit Union and concludes that "it would be politically, socially and morally disastrous for the Supreme Court of the United States to move backward on the issue of race. The backlash of the civil rights movement has infected many segments of our society. In many instances where the struggle for racial equality has made limited progress, that progress has been perceived as a threat and has been met with fear, hate and racism."

CRS-6
Coyle, Marcia. How far will the Court go? National law journal, v. 11, June 26, 1989: 1, 46. LRS89-5873
"Civil rights groups try to assess the damage [done to affirmative action]…in the wake of recent major job bias rulings by the U'S. Supreme Court." (Wards Cove Packing Co. v. Atonio, Martin v. Wilks)

Croall, David T. Affirmative action in the late 1980s. Labor law journal, v. 39, Aug. 1988: 519-524. LRS88-7344
Analyzes some Supreme Court decisions and other judicial developments relating to affirmative action objectives. Also examines related areas of legislative activity...

Dale, Charles V. Affirmative action revisited: a review of recent Supreme Court actions. May 18, 1987. Washington, Congressional Research Service, 1987. 12 p. 87-442 A
In five cases decided in the 1985-86 and 1986-87 terms, the Supreme Court has considered the legality of affirmative action to promote equal employment opportunity.

Federal civil rights decisions of the U.S. Supreme Court during the 1988-89 Term. July 28, 1989. Washington, Congressional Research Service, 1989. 23 p. 89-439 A
The United States Supreme Court recently concluded its 1988-89 term with a fusillade of rulings which could reshape the future course of Federal civil rights enforcement, particularly in the employment discrimination area. These latest High Court rulings triggered almost immediate calls for a congressional legislative response that would restore what civil rights groups believed to be previously well established judicial doctrines affecting civil rights enforcement.

Minority business set-asides and the Constitution: a legal analysis of the U.S. Supreme Court ruling in City of Richmond v. J. A. Croson Co. Feb. 24, 1989. Washington, Congressional Research Service, 1989. 14 p. 89-124 A
The U.S. Supreme court ruling in City of Richmond v. J. A. Croson, holding unconstitutional a local ordinance which reserved 30% of city-financed construction contracts for minority-owned businesses, may engender various possible responses by the Congress which are examined in this report.

CRS-7
United States Supreme Court actions regarding minority business set-asides after City of Richmond v. J. A. Croson Co., Mar. 21, 1989. Washington, Congressional Research Service, 1989. 5 p. 89-202 A
Since its ruling earlier this term in City of Richmond v. J. A. Croson, the U.S. Supreme Court has taken action in two other cases involving minority business set-asides. In Milliken v. Michigan Road Builders Assn. the Court upheld a lower court’s ruling voiding a Michigan state law mandating that "not less than 7 per cent of its expenditures for construction, goods and services go to minority-owned businesses and not less than 5 per cent to women-owned" businesses. The Court vacated a ruling in H. K. Porter Co., Inc. v. Dade Co., Florida where the lower court had “upheld a 5 percent minority owned business set-aside" program.

Daly, Mary C.
Some runs, some hits, some errors--keeping score in the affirmative action ballpark from Weber to Johnson. Boston College law review, v. 30, Dec. 1988: 1-97. LRS88-14429
"Article examines the use of race/gender-conscious criteria, particularly by public sector employers, the most influential group of employers in the national economy .... Both the supporters and opponents of these controversial programs have looked to the United States Supreme Court to settle definitively the issue of their statutory and constitutional validity. But after nine major decisions in the last ten years, the Court is still sounding an uncertain trumpet."

Eastland, Terry. Racial preference in court (again). Commentary, v. 87, Jan. 1989: 32-38. LRS89-4145
Argues that Supreme Court through cases like City of Richmond v. J. A. Croson Company has an opportunity to reverse an eleven year trend of setting policy instead of interpreting law.

Fasman, Zachary. Affirmative action receives green light from divided court. Legal times, v. 9, May 25, 1987: 12-14. LRS87-4048 
"In United States v. Paradise and Johnson v. Santa Clara County Transportation Agency, this term’s ‘reverse discrimination’ decisions, the Supreme Court reaffirmed the propriety of voluntary affirmative action plans and the constitutionality of court-ordered numerical relief in employment discrimination cases.”

CRS-8
Ho, Geoffrey T. C. Affirmative action programs in employment. In Equal protection. Annual survey of American law, v. 1986, May 1987: 441-468. LRS87-6306
"The Supreme Court's recent decision in [Firefighters Local Union No. 1784 v. Stotts] suggests that affirmative action programs may no longer be an appropriate means of remedying discrimination in the work place. The circuit courts, however, consistently refused to follow Stotts thereby protecting affirmative action plans in Title VII cases. Until the Supreme Court expressly addresses the issues raised in Stotts and later decisions, this division of opinion likely will continue.”

Levick, Marsha. Affirmative action. In Supreme Court review. National law journal, v. 9, Aug. 17, 1987: S4-S5. | LRS87-11474
An analysis of the Supreme Court affirmative action cases includes discussions of the Johnson v. Transportation Agency, Santa Clara County, and U.S. v. Paradise decisions. “Reading Johnson and Paradise together . . . [indicates that) certainly, the threat of a successful ’reverse discrimination’ lawsuit, which undoubtedly stayed the hand of many employers in the past, now has been virtually extinguished.”

Liggett, Malcolm H.
Recent Supreme Court affirmative action decisions and a reexamination of the Weber case. Labor law journal, v. 38, July 1987: 415-421. LRS87-6983
Supreme Court rulings in Wygant v. Jackson Board of Education, Local No. 93 International Association of Firefighters v. Cleveland and Local 28 of the Sheet Metal Workers Union v. EEOC indicate that "nonminorities may suffer at the expense of race-conscious remedies where the remedies allocate future openings on a race-conscious basis; but affirmative action remedies will not be allowed to re-allocate jobs currently held."

McDowell, Douglas S. Affirmative action after the Johnson decision: practical guidance for planning and compliance. Washington, National Foundation for the Study of Employment Policy, 1987. 166 p. KF3464.M343 1987
"Discusses the Supreme Court’s major affirmative action cases .... The monograph’s last chapter sets out a number of guidelines that can be extracted from the Court’s decisions to date. It identifies trends that demonstrate clear areas of vulnerability, as well as many policies that would appear to be allowed under the law as it exists at this time. Gray areas are discussed and methods for crafting affirmative action plans are examined.”

CRS-9
Mitchell, Charles E. Race-conscious remedies: pursuing equal employment opportunity or equal employment results? Labor law journal, v. 38, Dec. 1987: 781-785. LRS87-12073
This article concludes that the focus of recent equal opportunity legal cases has switched from one of equality of opportunity (where the law is completely color-blind) to one of equality of results (where the relative achievement of various racial and sex groups is considered paramount).

Nalbandian, John. The U.S. Supreme Court’s "consensus" on affirmative action. Public administration review, v. 49, Jan-Feb. 1989: 38-45. LRS89-709 
"Following a review of the Court’s two-part analytical approach to affirmative action, this article analyzes the Court’s deliberations with respect to the competing values of individual rights, social equity, and efficiency. The future of affirmative action is examined in terms of the influence of the Court’s configuration, its respect for precedent, and the way in which the value of social equity has penetrated public personnel policy and practices.”

Rasnic, Carol D. The Supreme Court and affirmative action: an evolving standard or compounded confusion? Employee relations law journal, v. 14, autumn 1988: 175-190. LRS88-9850
"Since the 1977 Bakke decision, the Supreme Court has addressed the legality of affirmative action programs eight times. Plaintiffs have included both minority group members (and one female) requesting court-ordered preferential treatment to alleviate past discrimination and nonminorities alleging illegal discrimination because of the implementation of an affirmative action program .... The following article summarizes these eight decisions and compares the various affirmative action programs involved in an effort to ascertain a developing standard and to offer employers guidance on how to apply the Court’s various directives to their own situation.”

Rosenfeld, Michel. Decoding Richmond: affirmative action and the elusive meaning of constitutional equality. Michigan law review, v. 87, June 1989: 1729-1794. LRS89-6250
Article examines the Supreme Court’s reasoning in its 1989 decision of City of Richmond v. J. A. Croson Co., striking down a minority business set-aside program on municipal procurement contracts, concluding "that the constitutional issues posed by affirmative action cannot be coherently or systematically resolved except in terms of the constitutionalization of some conception of substantive equality.". Under the author’s conception, "the Plan in Croson would pass constitutional muster as a means to remedy the present effects of past discrimination.”

CRS-10
Schenkel-Savitt, Susan. Seltzer, Steven P. Recruitment as a successful means of affirmative action. Employee relations law journal, v. 13, winter 1987-88: 465-479. LRS87-11632
Article asserts that because the Justice Dept. has left open only one avenue to increased hiring of minorities, intensive recruitment campaigns, public employers may be wise to follow that path to avoid suits. Specifically this article "discusses major Court decisions of the 1980s, then analyzes the successful campaign of Yonkers, New York, to recruit female and minority policy officers and firefighters through such strategies as establishment of recruitment centers in the minority neighborhood, use of female and minority personnel as role models and detailed training for qualification tests.”

Schwartz, Herman. The 1986 and 1987 affirmative action cases: it’s all over but the shouting. Michigan law review, v. 86, Dec. 1987: 524-576. LRS87-13133
Article examines the record of the Supreme Court on affirmative action cases during 1986 and 1987. Author concludes that although affirmative action programs have survived, "we are worse off in some areas such as minority employment than we were twenty years ago. Moreover, although many women have successfully moved into the work force, there are still many barriers to their advancement; there is even less upward mobility for minorities."

Selig, Joel L. Affirmative action in employment: the legacy of a Supreme Court majority. Indiana law journal, v. 63, no. 2, 1987-1988: 301-368. LRS87-13141
"Article reviews the current status of affirmative action in employment in the wake of the Supreme Court's 1986 and 1987 decisions. It explores the contours of the majority views that emerged on various issues, identifying those points that have been definitively decided and those that remain open to further development. The Article concludes that the Brennan-Powell majority position is a legacy that should be preserved."

Shane, Penny. Affirmative action. In Equal protection. Annual survey of American law, v. 1987, June 1988: 31-66. LRS88-8491
Analyzes Supreme Court cases involving voluntary affirmative action plans through a review of the Wygant and Cleveland decisions and court ordered affirmative action plans by discussions of the Sheet Metal Workers and Paradise decisions.

CRS-11
Stewart, David O. Set-asides set aside. American Bar Association journal, v. 75, Apr. 1989: 46, 48, 50, 52. LRS89-2642 
Discusses the Supreme Court opinion (and the dissent) regarding minority set-aside programs for construction contracts awarded by the city of Richmond.

United States Commission on Civil Rights. Toward an understanding of Johnson. Washington, The Commission, 1987. 66 p. (Clearinghouse publication 94) LRS87-14360
Analyzes the Supreme Court’s decision in Johnson v. Transportation Agency, Santa Clara County, California, in which the Court “approved Santa Clara County's decision. to promote Diane Joyce, a qualified female applicant, to the position of road dispatcher over Paul Johnson, a better qualified male applicant.”

Waren, William T. Minority set-aside programs: what future after Richmond vs. Croson? State legislatures, v. 15, July 1989: 32-36. LRS89-5563 
Reviews the contents and implications for minority contractor set-aside programs of the Supreme Court decision in Richmond v. Croson. The Court held that race conscious measures in minority business programs must be justified by a detailed record of past discrimination and that plans must be tailored specifically for remedying such discrimination.

Woodside, Steven M. Marx, Jan Howell. Walking the tightrope between Title VII and equal protection: public sector voluntary affirmative action after Johnson and Wygant. In Symposium: State and local issues before the Supreme Court and Federal courts. Urban lawyer, v. 20, spring 1988: 367-388. LRS88-5759
Concludes that Johnson v. Transportation Agency, Santa Clara County, California, a case brought by a man challenging a voluntary affirmation plan that led to the promotion of a woman who had scored slightly lower than he on a qualifying interview, "demonstrates the Supreme Court’s continuing support of a voluntary affirmative action plan."

CRS-13
III. EMPLOYMENT
A. GENERAL MATERIALS
Black employment opportunities: macro and micro perspectives. Journal of social issues, v. 43, no. 1, 1987: whole issue (156 p.) LRS87-8203
Partial contents.--How minorities continue to be excluded from equal employment opportunities: research on labor market and institutional barriers, by Jomills Henry Braddock II and James M. McPartland.--Shaping the organizational context for Black American inclusion, by Thomas F. Pettigrew and Joanne Martin.--Rethinking affirmative action, by Irwin Katz and Harold Proshansky.

Chused, Richard H. The hiring and retention of minorities and women on American law school faculties. University of Pennsylvania law review, v. 137, Dec. 1988: 537-569. LRS88-13895
Article reports on a study which concludes that "commitments must be made by all American law schools to recruit, hire, and tenure black, Hispanic, Asian and other minority persons aggressively. Change has been occurring at a snail’s pace... . Commitments must be made by all American law schools to recruit, hire, and tenure women aggressively. The failure of a sizeable segment of law schools, including many of the highest stature, to hire substantial numbers of women is appalling.”

EEO update: program materials, analysis & application. Washington, Georgetown University Law Center, Continuing Legal Education Division, 1987-1988. 2 v. KF3464.G46
Topics covered in the 1987 volume include analyses of Title VI, statistics in EEO cases, defense considerations, and other issues. The 1988 volume focuses on the use of statistics in employment discrimination cases, the government as employer, quotas and affirmative action, and several other topics.

Hanna, Charlotte. The organizational context for affirmative action for women faculty. Journal of higher education, v. 59, July-Aug. 1988: 390-411. LRS88-11902
"Faculty affirmative action occurs within a context of decentralized decision making and hinges on judgments that faculty make about one another. Administrative leadership, faculty liaisons, federal pressure, and institutional culture influence those decentralized judgments. The nature and extent of those factors are outlined, as are their implications for university administrators.”

CRS-14
Hudson Institute. Opportunity 2000: creative affirmative action strategies for a changing workforce. Washington, U.°. Dept. of Labor, 1988. 181 p. LRS88-9741
Contents.--Eight major trends that will revolutionize tomorrow’s workforce.--Work and families.--Minorities and the economically disadvantaged.--Disabled workers.--Older workers.--Veterans in the civilian workforce.--A human resources approach to affirmative action.

Stewart, Joseph, Jr. Meier, Kenneth J. England, Robert E. In quest of role models: change in Black teacher representation in urban school districts, 1968-1986. Journal of Negro education, v. 58, spring 1989: 140-152. LRS89-3488
"The present research addresses the issue of change, looking at the scope and determinants of change in Black faculty representation in a sampling of urban public school systems from 1968 through 1986. Our goal was to understand better the factors associated with change in the representation of Black faculty. Our findings shed light on ways that affirmative action plans targeted at Black teachers might be enhanced."

U.S. Congress. House. Committee on Education and Labor. Subcommittee on Employment Opportunities. Affirmative action in the work force. Joint hearing before the Subcommittee on Employment Opportunities of the Committee on Education and Labor and the Subcommittee on Civil and Constitutional Rights of the Committee of the Judiciary, 100th Congress, 1st session. Oct. 8, 1987. Washington, G.P.O., 1988. 104 p. LRS88-365
"Serial no. 100-49; Committee on the Judiciary serial no. 20" Hearing focuses on current and future aspects of “affirmative action and equal employment opportunity law enforcement." Witnesses were advised to "focus on the report of the Study Group on Affirmative Action. The report makes clear that affirmative action has been an effective tool in achieving equal employment opportunity for minorities and women. The weakness of affirmative action has been in its application to hiring at the exclusion of other employment decisions, such as training and promotions."

Wharton Center for Applied Research. Study Group on Affirmative Action. A report .. . to the Committee on Education and Labor, U.S. House of Representatives, 100th Congress, Ist session. Washington, G.P.O., 1987. 307 p. LRS87-6213
At head of title: Committee print.
"Serial no. 100-L"
The Study Group was convened under a Committee contract with the Wharton School, University of Pennsylvania. “The report contains a thoughtful analysis of current EEO and affirmative action policies and practices and addresses the continued validity of and necessity for such actions ...It analyzes proposed alternatives to affirmative action as a means to remedy the effects of past discrimination."

CRS-15
B. FEDERAL GOVERNMENT
DiPrete, Thomas A. The professionalization of administration and equal employment opportunity in the U.S. Federal Government. American journal of sociology, v. 93, July 1987: 119-140. LRS87-7421
"A statistical analysis of personnel outcomes for the 15 largest agencies of the federal government during 1962-77 shows that lower-level employees frequently moved into entry-level administrative positions. This suggests that upward-mobility programs begun during these years successfully countered: professionalization trends and allowed the proportion of entry-level administrative positions filled internally to increase." Finds women and minorities have benefitted most; discusses implications for further career advancement.

Downing, Paul M.
Elimination of the Professional and Administrative Career Examination (PACE) and proposed alternative selection procedures. Revised Apr. 22, 1989. Washington, Congressional Research Service, 1989. 47 p. 89-315 GOV
In response to allegations by civil rights groups that it denied equal opportunity, the Federal Government in 1981 agreed to terminate use of the Professional and Administrative Career Examination (PACE), a mental ability test used to fill positions in 118 entry-level professional and administrative occupations. This report presents arguments for and against the examination, and describes the agreement to abolish it. The report then discusses the replacement of PACE with noncompetitive hiring, and OPM’s recent development of new selection procedures for hiring into the competitive service.

Gilson, Robert J. The Federal manager’s guide to EEO. Huntsville, Ala., Federal Personnel Management Institute, c1989. 122 p.
This book was written to help supervisors “succeed as managers by learning how to use the EEO program more effectively." Chapters are devoted to several facets of equal employment opportunity including affirmative action, recruitment and employee development.

Lewis, Gregory B. Progress toward racial and sexual equality in the Federal civil service? Public administration review, v. 48, May-June 1988: 700-707. LRS88-5338
"Paper addresses two questions. First, has the Federal civil service made progress toward racial and sexual equality in the past decade? Second, has progress slowed during the Reagan Administration?"

CRS-16
Novak, Viveca. The last plantation. Common Cause magazine, v. 13, Sept.-Oct. 1987: 28-31. LRS87-6840
"The U.S. Department of Agriculture (USDA) has been beset by complaints of racial discrimination at many of its field offices .... Critics point to a track record of ignoring affirmative action plans, and a pattern of discrimination that ultimately hurts black farmers who use government farm programs. Interviews with a number of minority USDA workers nationwide revealed a systemic problem in the department despite periodic, sweeping declarations of good intentions from USDA chiefs."

U.S. Congress. House. Committee on Education and Labor. Subcommittee on Employment Opportunities. Employment practices of the Federal Bureau of Investigation. Hearing, 100th Congress, 2nd session. Washington, G.P.O., 1988. 57 p. LRS88-9446
"Serial no. 100-82"
Hearing held May 20, 1988, Los Angeles, CA.
Hearing was held to receive "testimony on allegations that the premier law enforcement agency in this land, and the premier agency that is used to investigate acts of civil rights violation, is a perpetrator of employment discrimination policies." Groups represented at the hearing include the Mexican American Legal Defense and Education Fund, U.S. Equal Employment Opportunity Commission, National Association of Black Law Enforcement Executives, and others.

Hearing on H.R. 3330, the Federal Equal Employment Act. Hearing, 100th Congress, 2nd session. Feb. 9, 1988. Washington, G.P.O., 1988. 127 p. LRS88-6467
"Serial no. 100-62"
"Hearing ... to consider H.R. 3330, the Federal Equal Employment Opportunity Reporting Act, to require Federal agencies to file affirmative action reports and plans with EEOC regarding Federal employment, and to grant EEOC authority to compel filing of such reports. Supplementary material (p. 127) includes correspondence."
Witnesses include Clarence Thomas, Chairman of the EEOC; Richard T. Seymour of the Lawyer’s Committee for Civil Rights Under Law; and G. Mario Moreno of the Mexican American Legal Defense and Educational Fund.

CRS-17
U.S. Congress. House. Committee on Foreign Affairs. Subcommittee on International Operations.
Equal employment opportunity in the Department of State, Agency for International Development, and the United States Information Agency.
Hearing, 99th Congress, 2nd session. Sept. 17, 1986. Washington, G.P.O., 1987. 130 p. LRS87-609

Congressman George W. Crockett writes in a prepared statement that he is "appalled by the lack of progress of these agencies in implementing their Congressional mandate to develop a Foreign Service that is truly representative of the American people." Participants discuss and analyze the representation of minorities in these three agencies. Witnesses include Congressmen Crockett and Robert Garcia; George S. Vest, Director of the Foreign Service and Director of Personnel, Department of State; and Woodward: Kingman of the U. S. Information Agency.

Equal employment opportunity in the foreign affairs agencies.
Hearings before the Subcommittees on International Operations and on Western Hemisphere Affairs of the Committee on Foreign Affairs, House of Representatives, 100th Congress, 1st session. July 29 and 30, 1987. Washington, G.P.O., 1988. 157 p. LRS88-1286

Hearing discusses the Department of State’s compliance with the Foreign Service Authorization Act of 1980 which provided "that the members of the Foreign Service should be representative of the American people." In opening the hearing the chairman affirms that he believes "the State Department’s statistics clearly demonstrate that there has been little, if any, improvement during the past year in obtaining the goal that the Foreign Service be representative of this Nation’s ethnic and cultural diversity.". Witnesses include members of the Department of State, the Joint Center for Political Studies, and organizations comprised of Department of State employees.

U.S. Congress. House. Committee on Post Office and Civil Service. Subcommittee on Civil Service.
Hispanic employment in the Federal Government. Hearing, 100th Congress, 2nd session. June 14, 1988. Washington, G.P.O., 1988. 99 p. LRS88-9448
"Serial no. 100-64"

"Based on data from the U.S. Office of Personnel Management, we already know that recruitment efforts by Federal agencies have resulted in a solid base of federally employed Hispanics. But Hispanics seem to be concentrated in just two areas: within DEA at Justice, for example, or in EEOC offices which serve large Hispanic communities. Further, the numbers of Hispanics in Government aren’t growing. We need to find out why."

CRS-18
U.S. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights.
FBI affirmative action and equal employment opportunity efforts.
Hearing, 100th Congress, 2nd session. Washington, G.P.O., 1989. P. 544 LRS89-2082
"Serial no. 118"
Hearings held Mar. 31 and June 8, 1988.
Subcommittee’s interest "was triggered by the filing of a class action lawsuit joined by 90 percent of the FBI’s Hispanic agents, who allege a pattern of racial discrimination in terms of assignments and promotion.” Rather than “delve into the specific facts", the subcommittee focuses "on [the] broader questions . . . pos[ed] concerning the recruitment, hiring, and promotion of minorities.”

U.S. General Accounting Office.
Minority representation: efforts of the Alcohol, Drug Abuse, and Mental Health Administration; report to the Honorable Daniel K. Inouye, U.S. Senate. May 13, 1988. Washington, G.A.O., 1988. 29 p. LRS88-7217
"GAO/HRD-88-49, B-231054"
Finds "that ADAMHA was not in total compliance with EEOC affirmative action requirements and with some elements of the ADAMHA merit promotion plan."

U.S. Commission on Civil Rights: concerns about Commission operations; report to congressional requesters. May 26, 1988. Washington, G.A.O., 1988. P. 181 p. LRS88-7309
"GAO/GGD-88-71, B-227768"
"Thirteen areas of concern were raised about the U.S. Commission on Civil Rights. These areas include employment trends; hiring and use of consultant, temporary, and Schedule C employees; referrals from state employment service offices; Affirmative Action; awards and promotions; Commissioners’ and Special Assistants’ billings; financial disclosure reports; Commission travel; appropriations; lobbying; Commission automobile; state advisory committees; and contracting."

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C. STATE/MUNICIPAL GOVERNMENT
Gottfried, Frances.
The merit system and municipal civil service: a fostering of social inequality. New York, Greenwood Press, 1988. Page 20 of 23. JS358.G597 1988

Chapter 3 (p. 53-91) concludes that "major barriers to the implementation of affirmative action in municipal civil service systems continue to exist. Racist and sexist attitudes by those officials responsible for maintaining the system, union pressure to maintain seniority systems, belief that affirmative action is synonymous with reverse discrimination, and insistence [sic] by personnel administrators in maintaining strong merit principles regardless of their impact on social equity, all contribute to the. difficulty. of implementing affirmative action in municipal civil service systems. Despite these considerable barriers, some progress is being made."

Moss, Philip I.
Employment gains by minorities, women in large city government, 1976-83. Monthly labor review, v. 111, Nov. 1988: 18-24.
LRS88-12376
"Minorities and white women made significant gains in upper-level city government employment over the 1976-83 period; however, their salaries continued to lag those of white men."

Slack, James D.
Affirmative action and merit in public administration. American review of public administration, v. 18, Dec. 1988: 377-387.
LRS88-13941
"Study tests the hypotheses that graduates of master of public administration (MPA) programs are more supportive of affirmative action than are recipients of other graduate degrees .... Results show that type of graduate education has no bearing on levels of support for affirmative action among city managers throughout the United States. City managers’ belief in the principle of merit, however, has a negative impact on city managers’ attitudes toward affirmative action."

Thomas, Ralph C.
Holding a model public hearing under Richmond v. Croson. MBE: minority business entrepreneur, v. 6, May-June 1989: 11-12, 14-15.
LRS89-6944
Executive director of the National Association of Minority Contractors provides guidelines for witnesses at public hearings held by State and local governments desiring to establish or retain minority business utilization programs. The guidelines discuss the type of evidence to legally justify such a program under the requirements established by the Supreme Court’s 1989 Richmond decision.

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D. PRIVATE SECTOR
The 50 best places for Blacks to work. Black enterprise, v. 19, Feb. 1989: 73-78, 80-84, 86-88, 90-91. LRS89-188
Reviews fifty companies with effective affirmative action programs and emphasis on training and development programs.

Law, Sylvia A.
"Girls can’t be plumbers"--affirmative action for women in construction: beyond goals and quotas. Harvard civil rights-civil liberties law review, v. 24, winter 1989: 45-77. LRS89-4185
“This Article considers the gulf between the norm of sexual equality and the reality of sex-based discrimination and explores which strategies for closing the guif have the greatest prospect for success.”

Moore, John W.
The action’s affirmative. National journal, v. 21, Aug. 5, 1989: 1972-1977.  LRS89-6068
"In a series of decisions, the Supreme Court has reopened a national debate over affirmative action. But the business community says the rulings are not likely to change its commitment to affirmative action."

Smith, Mary.
Affirmative action in the employment of persons with handicaps under Federal contracts: section 503 of the Rehabilitation Act. Nov. 2, 1988. Washington, Congressional Research Service, 1988. 6p. 88-701 EPW
Employers doing business with the Federal Government under a contract for more than $2,500 are required to take affirmative action to employ and advance in employment qualified individuals with handicaps. This report summarizes the provisions of this program and sets forth current program data.

U.S. Congress. House. Committee on Education and Labor.
A report on the investigation of the civil rights enforcement activities of the Office of Federal Contract Compliance Programs, U.S. Department of Labor. Washington, G.P.O., 1987. 2 v. (162, 763 p.) LRS87-12914
"Serial no. 100-R"
At head of title: Committee print.
Concludes from a review of policy, organizational, and administrative issues "that this agency is in substantial disarray; that it has suffered political and ideological turmoil at the National Office and, as a result, the field offices are in a state of confusion as to the official policies and practices of the agency. Effective enforcement has come to a virtual standstill." Includes a case study of a controversial compliance review of the Los Alamos National Laboratory.

CRS-21
U.S. Congress. House. Committee on Education and Labor.
Subcommittee on Employment Opportunities.
Oversight hearing on Office of Federal Contract Compliance Programs. Hearings, 100th Congress, 1st session. June 3-4, 1987. Washington, G.P.O., 1987. 124 p. LRS87-10603
"Serial no. 100-38"
The Office of Federal Contract Compliance Programs (OFCCP) is mandated to monitor "the contract compliance of companies doing business with the Federal Government, comprising some $200 billion in business.” Executive Order 11246 requires the OFCCP to enforce "nondiscrimination in, and affirmative action measures for, integrating contractor workforces.” Preliminary studies of the OFCCP indicated “serious organizational and compliance procedure” problems requiring reform. "In light of those concerns," the hearing was held "to receive testimony from former OFCCP officials and the civil rights community." The second day of the hearing focused on how the Government, with its resources, could work to improve contractor compliance measures.

U.S. Congress. House. Committee on Energy and Commerce.
Subcommittee on Telecommunications and Finance.
Labor issues in the telecommunications industry. Hearings, 100th Congress, 2nd session on H.R. 292 and H.R. 1090. Washington, G.P.O., 1989. 488 p. LRS89-1762 
Hearings held May 17 and June 16, 1988.
"Serial no. 100-205"
Hearings focus on employment of ethnic minorities in the broadcast, cable, and telephone industries.