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Affirmative Action
UNFINISHED BUSINESS: THE BUSH ADMINISTRATION AND RACIAL PREFERENCES PDF Print E-mail
Wednesday, 23 September 2009
Roger Clegg's critique of the Bush administration's policies with respect to affirmative action, from the Summer 2009 issue of the Harvard Journal of Law & Public Policy.

 
CEO's Linda Chavez with New Haven Firefighers who were plaintiffs in the Ricci v. DeStefano Case PDF Print E-mail
Friday, 17 July 2009
ChavezandFirefighters.jpg
View Linda’s oral statement
before the Senate Judiciary Committee in the confirmation hearings for Supreme Court nominee Judge Sonia Sotomayor.

 
CDOT Comments PDF Print E-mail
Friday, 19 December 2008
On December 18, 2008, CEO submitted these comments to the firm preparing a study for the Colorado Department of Transportation on its contracting policies – and, specifically, on the policy of granting preferences to state contractors based on race, ethnicity, and sex. In these comments, which were joined by the Colorado-based Independence Institute, CEO strongly opposes such preferences, on both legal and policy grounds.
 
The Colorado Civil Rights Initiative: Separating Fact from Fiction PDF Print E-mail
Sunday, 26 October 2008
The Center for Equal Opportunity has just released a new analysis, “The Colorado Civil Rights Initiative: Separating Fact from Fiction.” It debunks three arguments frequently made by the initiative’s opponents: (1) that CoCRI will ban all affirmative action; (2) that the initiative is not needed because there really are few if any programs in Colorado that grant preferences on the basis or race, ethnicity, or sex; and (3) that the initiative cannot be justified and should not be passed so long as racism and discrimination still exist in Colorado. The analysis concludes that none of these assertions is true.
Read more...
 
The Center for Equal Opportunity filed the following statement with the Arizona Secretary of State, which will be included in the official pamphlet materials distributed by that office. PDF Print E-mail
Saturday, 19 July 2008
Argument by the Center for Equal Opportunity on the Arizona Civil Rights Initiative:

The Arizona Civil Rights Initiative will simply ban the use of preferences and other discrimination based on race, ethnicity, and sex for state and local programs in education, employment, and contracting.

Read more...
 
Letter Urging That Discriminatory Set-Asides Be Strictly Limited PDF Print E-mail
Friday, 28 March 2008
Dear Mr. Preston:

By this letter, the undersigned urge the SBA to stand its ground regarding the proposed WOSB rule, "Women-Owned Small Business Federal Contract Assistance Procedures," which was published on Dec. 27, 2007. We are aware that, in recent months, there has been intense pressure from Congress to impose a blanket 5% set aside for all WOSBs regardless of any finding of gender discrimination. One Representative actually proposed an 8% blanket set-aside (fortunately, his amendment was defeated).

Read more...
 
Strong Support Announced for SBA Proposed Rule PDF Print E-mail
Friday, 28 March 2008

CEO Press Release

Letter Today Urges That Discriminatory Set-Asides Be Strictly Limited

Read more...
 
THOUGHTS ON THE LEGAL LANDSCAPE OF RACIAL PREFERENCES--AND, ESPECIALLY, WHAT LITIGATION CAN ACCOMPLISH PDF Print E-mail
Thursday, 31 January 2008
ImageIntroduction: The use of racial preferences is concentrated in four areas: voting, contracting, education, and employment. There are some exceptions (e.g., appointments to state boards, some aspects of health care, etc.), but they are relatively minor.

Voting: With regard to voting (i.e., the requirement of racially gerrymandered districts under the Voting Rights Act), the issue is federalized (i.e., there is nothing that the states can do about it), and there is nothing to be done through the political branches (Congress overwhelmingly reauthorized these provisions last summer, and the President eagerly signed the bill). Thus, all that can be done for now is to challenge the constitutionality of the VRA; at least one lawsuit has been filed and is pending before a three-judge district court in the District of Columbia. For a discussion of the VRA's unconstitutionality, see here.


Read more...
 
Linda Chavez, Ward Connerly and Sharon Browne: California Tries to Reverse Ban on Race and Gender Preferences PDF Print E-mail
Wednesday, 31 October 2007
 
Comments With the California Department of Transportation (“Caltrans”) PDF Print E-mail
Wednesday, 12 September 2007

On September 14, CEO president and general counsel Roger Clegg filed—on behalf of CEO and Ward Connerly’s American Civil Rights Institute—comments with the California Department of Transportation (“Caltrans”), opposing the agency’s proposal to reinstate preferences based on race, ethnicity, and sex in its federal highway contracting programs. 

Read more...
 
Chavez, Clegg, Connerly and others urge Governor Schwarzenegger to reverse Caltrans proposal PDF Print E-mail
Tuesday, 11 September 2007

 
Full testimony of Roger Clegg regarding the Native Hawaiian Government Reorganization Act of 2007 before the Hawai'i State Advisory Committee to the United States Commission on Civil Rights on Aug. 20 PDF Print E-mail
Monday, 27 August 2007
ImageMy name is Roger Clegg, and I am president and general counsel of the Center for Equal Opportunity, a nonprofit research and educational organization that is based in Falls Church, Virginia. Our focus is on public policy issues that involve race and ethnicity, such as civil rights, bilingual education, and immigration and assimilation.

Our chairman is Linda Chavez whom, you may recall, was once the staff director of the U.S. Commission on Civil Rights, and is now the chair of the Virginia State Advisory Committee. I should also note that I was a deputy in the U.S. Department of Justice's Civil Rights Division for four years, from 1987 to 1991.

Read more...
 
Preferences Based on Race, Ethnicity, and Sex in Government Contracting PDF Print E-mail
Thursday, 19 July 2007

 

One of the principal ways in which federal, state, county, and municipal governments discriminate is by awarding preferences based on race, ethnicity, and sex in their contracting. Sometimes companies owned by members of certain racial or ethnic groups—or by women—are awarded contracts even though they may not have submitted the lowest bid; on other occasions, prime contractors are required to set aside subcontracts for such companies or to treat their subcontracting bids more favorably. But anytime this sort of preferential treatment occurs, it is discrimination, and is a likely violation of the Equal Protection Clause of the U.S. Constitution’s Fourteenth Amendment, as well as other federal and state laws.

Read more...
 
Roger Clegg Testimony PDF Print E-mail
Thursday, 19 July 2007
Testimony of Roger Clegg regarding the use of disparity studies to justify racial and ethnic preferences in government contracting, given before the U.S. Commission on Civil Rights, December 16, 2005.  Click here. (pdf)
 
CEO president and general counsel Roger Clegg testified at Senate Judiciary Committee oversight hearings of the Justice Department's Civil Rights Division PDF Print E-mail
Wednesday, 20 June 2007

VIEW TESTIMONY

VIEW SENSENBRENNER RESPONSE

 
CEO Chairman Linda Chavez at Announcement of Colorado Civil Rights Initiative PDF Print E-mail
Sunday, 22 April 2007
ImageLinda Chavez, Ward Connerly and Valerie Pech Orr at announcement of new effort to eliminate racial preferences in public education, contracting, and employment in Colorado.   Press Release.
 
CEO President and General Counsel Roger Clegg Testified at House Oversight Hearings of the Justice Department’s Civil Rights Division PDF Print E-mail
Wednesday, 21 March 2007

VIEW TESTIMONY

 
CEO President Roger Clegg finally testified before the U.S. Equal Employment Opportunity Commission PDF Print E-mail
Tuesday, 27 February 2007

ImageCEO president Roger Clegg finally testified before the U.S. Equal Employment Opportunity Commission on the subject “Striking a Balance: EEO, Diversity, and Affirmative Action.”

Mr. Clegg had earlier been invited to testify last spring, but the Commission disinvited him at the last minute because of what he had to say (see May 16, 2006 item, below). His statement is divided into two parts: a resubmission of his earlier testimony, plus an update discussing events since then. 

[ February 2007 Testimony ] - [ Revised May 2006 Testimony ]

 
Roger Clegg’s statement for the Equal Employment Opportunity Commission PDF Print E-mail
Monday, 15 May 2006
Roger Clegg’s statement for the Equal Employment Opportunity Commission regarding “Striking a Balance:  EEO, Diversity, and Affirmative Action."

 
CEO Publishes State-By-State Survey of Statutes PDF Print E-mail
Wednesday, 10 November 2004
Use of racial or ethnic classifications and preferences in state statutes recorded by Federalist Society and posted here
The Federalist Society has recently completed a state-by-state survey of statutes that use racial or ethnic classifications and preferences. CEO posts it here, in the hopes that this will prompt state legislators to change these laws or, if they don't, that it will prompt legal challenges to them. It is outrageous that, in the year 2004, so many such laws are on the books, despite their unpopularity with the vast majority of Americans, and despite repeated Supreme Court rulings that racial and ethnic classifications are presumptively unconstitutional.
The Federalist Society has finished preparing a paper that will summarize and analyze this survey. Working on it are Shawn Nevill and Roger Clegg, general counsel of CEO, who is also chairman of the Federalist Society's Civil Rights Practice Group, which initiated the survey.

CLICK FOR STATE-BY-STATE SURVEY

 
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