View as WebpageAug2023 Newsletter

Hello

Amanda,

Now that Affirmative Action is Dead, Looking Backward for the Way Forward

When the Supreme Court finally declared the Civil Rights Act of 1875 unconstitutional, Frederick Douglass, amid an outpouring of outrage, advised that we must first take a collective deep breath.  

The Supreme Court had killed the law that guaranteed African Americans access to public accommodations and stopped barring them from serving on a jury on the grounds it didn’t control actions of individuals.

It appeared this reviled 1883 decision would grind African American progress to a halt.

“…We may be better prepared to speak calmly and wisely than is possible now. We have been grievously wounded in the house of our friends, and the wound is too fresh, too deep, and too painful for the measured speech of ordinary occasions,” Douglass said at the time.

Taking a collective deep breath was good advice then and it is a good first step now.

Last month the Supreme Court ruled on behalf of Students for Fair Admissions (SFFA) that the constitution doesn’t allow public or private higher education institutions to consider race as a part of the admission process because it violates the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment.

With that, over sixty years of work to diversify schools and provide opportunities for minorities was undone.

The Supreme Court has a history of devastating decisions. 

Cases like the 1857 Dred Scott v Sandford, where an African American slave sued for his freedom, and the court decided Blacks were not citizens. Chief Justice Roger Taney uttered his infamous racist line that African Americans, “had no rights which the white man was bound to respect.” 

And the 1896 Plessy v Ferguson case, which enshrined the country’s separate but equal doctrine, giving legal cover to the creation of the Jim Crow system until Brown v Board of Education in 1954 declared state-sanctioned school segregation unconstitutional.

In June, Chief Justice John Roberts’s majority opinion eradicating affirmative action referred to Brown when he said, "Eliminating racial discrimination means eliminating all of it."

Roberts’s words eerily echoed Supreme Court Justice Joseph Bradly who in 1883 questioned whether the Civil Rights Act of 1875 was even necessary. “When a man has emerged from slavery…there must be some stage in the progress of his elevation when he takes the rank of a mere citizen and ceases to be the special favorite of the laws…”

All this means for us is the highest court of the land is too fickle to stake our survival on.

As early as 1830, Richard Allen, who founded African Methodist Episcopal Church (AME), the first independent Black denomination in the United States, presided over the First Convention of Free Persons of Color to debate whether the legal process could lead to racial justice. Judge A. Leon Higginbotham, Jr., a prominent federal appeals court judge and legal scholar answered the same question in 1974 – “we must make major efforts in other forums without exclusive reliance on the federal legal process.”

Each legal setback is a renewed call for action.

This most recent decision should encourage all of us to invest in the educational institutions we have built to overcome oppression. Research shows that the historically Black college and university (HBCU) and not majority white institutions, created the African American middle class and are still the drivers of socioeconomic mobility for low-income African American students. Their mission has not changed.

This most recent decision should also remind us that African Americans have always had to fight for justice while surviving in the midst of injustice. 

The Supreme Court didn’t kill our progress in 1883. It won’t destroy our progress in 2023. 

Chad Dion Lassiter, MSW

Executive Director

Affirmative Action Reversed – For Some

By: Meredith Millard, Esq.

Chief Counsel

Last month, the United States Supreme Court in a historically backward decision, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, and Students for Fair Admissions, Inc. v. University of North Carolina (“UNC”), gave its answer to the question of whether race-based college admissions programs are lawful under the Equal Protection Clause of the Fourteenth Amendment. In its controversial decision, the Supreme Court found that Harvard and UNC’s admissions programs violated the Equal Protection Clause of the Fourteenth Amendment. While many have examined the majority’s analysis and the implications its decision may have on future law, policy, and/or cases, few have addressed the hypocrisy of the majority’s exclusion of military academies from its holding. 

In a mostly throw-away footnote, the Court concluded that because no military academy is a party to the case before it, and because the lower court did not address the propriety of race-based admissions systems in the context of military academies, military academies can continue to use race as a factor in its admissions programs. No where else does the Court make a distinction between parties to the case and its ruling. In fact, the Court held:

[N]othing in this opinion should be construed as prohibiting universities from considering an applicant’s discussion of how race affected his or her life, be it through discrimination, inspiration, or otherwise. (emphasis added).

Thus, the Court itself acknowledges the greater implication its holding will have on all university admissions programs—not just Harvard and UNC’s. The distinction the Court attempts to carve out for military academies is that these institutions may have compelling interests distinct from those interests proffered by the parties. While there was no further indication of what those interests may be, the majority cited to an amicus brief filed by the United States. Importantly, the United States, in its amicus brief, argued, in part, that race-based admissions programs should remain in place for military academies, as well as civilian universities, for the continued vitality of the United States military. The brief also noted that maintaining diversity in civilian universities is important particularly in the context of ROTC programs since those programs supply the military with a diverse pool of officers.

Despite these pleas to allow race-based admissions programs to continue, the majority seems to cherry pick which interests it finds compelling, and, in doing so, opens the door for legal challenges specific to military academies. As Justice Ketanji Brown Jackson so pointedly noted in her dissent:

[T]he Court has come to rest on the bottom-line conclusion that racial diversity in higher education is only worth potentially preserving insofar as it might be needed to prepare Black Americans and other underrepresented minorities for success in the [BUNKER], not the [BOARDROOM]…. (emphasis added).

The sad fact is that the Court’s opinion appears to acknowledge the importance of affirmative action to satisfy the powerful, while disregarding the role affirmative action has had in the education and inclusion of this nation’s most vulnerable.

This School Year, Leave Discrimination Behind

By: Amanda Brothman

As students head back to school this month, the Pennsylvania Human Relations Commission (PHRC) wants all students to have a safe and healthy school year, free from discrimination.

Unfortunately, every year we see students across the commonwealth face discrimination in educational institutions. 

The PHRC is empowered by the Pennsylvania Human Relations Act (PHRA) and the Pennsylvania Fair Educational Opportunities Act (PFEOA) (which is specific to postsecondary education and secondary vocational and trade schools) to investigate complaints of discrimination. In education, it is illegal to discriminate against someone based on:

• Race
• Color
• Sex
• Religious creed
• National origin
• Ancestry
• Disability
• The use, handling, or training of service or guide animals for disability

In June 2023, the PHRC published new regulations in the Pennsylvania Bulletin explaining that the definition of the protected class ‘sex,’ includes pregnancy status, childbirth status, breastfeeding status, sex assigned at birth, gender identity or expression, affectional or sexual orientation, and differences in sex development; and the protected class ‘race,’ includes traits associated with race, including hair texture and protective hairstyles; and finally, explaining that ‘religious creed,’ includes all aspects of religious observance and practice, as well as belief. These new regulations become effective on August 16 – just in time for a return to the educational school year.

Examples of illegal education discrimination include:

• School policies that could provide different treatment for students based on their gender identity or sexual orientation.
• School policies that prohibit certain hairstyles.
• Denial of opportunities, such as scholarships or extracurricular activities, because of race, color, sex, religious creed, national origin, ancestry, or disability.
• Denial of reasonable disability or religious accommodations.
• Permitting harassment of a peer because of their race, color, sex, religious creed, national origin, ancestry, or disability.
• Requests for sexual favors in return for grades or making sexual comments to a student.
• Denial of admission to qualified students based on race, color, sex, religious creed, national origin, ancestry, or disability.

How can schools create an inclusive and welcoming environment? According to PHRC Education Director Desireé Chang, schools should embrace diversity beginning in a K-12 setting.

“Representation matters, our schools should be exposing students to different cultures and backgrounds as early as possible,” said Chang. “This is achieved through creating diverse classrooms and allowing students to experience diverse ideas through the curriculum, field trips, or career days. When children feel accepted and included, they feel safe. A safe and healthy school allows all students to thrive and succeed, which benefits the entire school community.”

For school districts interested in promoting equal opportunity and ending illegal discrimination, the PHRC offers in-depth training, brief presentations, and events on many topics, including:

• Preventing and addressing bullying and harassment in the school environment.
• Cultural sensitivity.
• Accommodations for student religious or disability needs.
• Various other issues specific to equal educational opportunity.
• Student Problem Identification and Resolution of Issues Together (SPIRIT).

The PHRC can tailor trainings and events for the specific needs of schools. To request a training, presentation, or event speaker, download and complete the training request form.

Chang added, “we have seen what the long-term effects of trauma during the formable years can do to a person. Trauma is deeply rooted and can carry on through post-secondary schooling and throughout adulthood. By incorporating diversity, equity, and inclusion in our schools early, we can prevent traumatic cycles. Thus, creating healthier learning environments and subsequently happier children.”

If you feel you have been the victim of illegal education discrimination, the PHRC urges you to file a complaint or report a bias incident with the PHRC within 180 days of the alleged act of harm. To file a complaint, you must be the direct victim or have the authority to act on behalf of the victim. A parent may file a complaint on behalf of a minor student.

A dedicated, unbiased PHRC intake specialist will walk you through the process and help prepare your complaint. Complainants do not incur any attorney fees during the investigation process from the PHRC. You do have the right to obtain private legal services at your own expense, but this is not required. Pennsylvania law also protects you from retaliation. This means no one may lawfully take action against you for filing a complaint, opposing unlawful activity, or helping with an investigation.

Making America Great Again

By: Robert Lindsey Jr

Regional Director – Philadelphia Office

What does it mean to make America great again?  How do you define this expression? Many have expressed a longing to return to the past – to turn the clock back and reinstitute the “good old days” in America. Let’s take a closer look at how these times were for most of the population. The foundational framework of the nation was and is the U.S Constitution. This document was brilliantly constructed – however its enumerated rights and privileges were not applicable universally but were restricted to a narrow class of people. This restriction is the genesis of our greatest problem, the scourge of inequality, which has caused inexpressible misery and suffering for millions. Since that time, there have been courageous men and women who have dedicated their lives in redefining and applying the concepts contained in the Constitution for all Americans.

Over time, progress in the field of human rights and social justice have generated significant progress in the struggle against the derivatives of inequality – racism, oppression, hate and injustice. These systematic constructs have been layered and imbedded throughout our culture. Recent laws passed by many state governors, legislators, and rulings by the U.S Supreme Court can be seen as manifestations of “making America great again” as these actions are regressive in scope and impact. It is apparent that as a country, we have neglected to fully confront the cancer of inequality - instead we have attempted to remedy the illness by address its symptoms. The removal of the cancer requires a surgical procedure, or the patient will suffer dire consequences. President Abraham Lincoln realized a derivative of cancer in slavery. The derivative was removed, but the cancer persisted.  This insidious form of cancer will never be removed if the country refuses or is unable to affirm or recognize its genesis and current manifestations. The good news is that it is possible for America to be great – but that greatness will be measured by the remediation of the cancer and how we treat each other – in word and in deed.  

Civil Rights Tour Reflection

By: Dana Prince

Assistant Chief Counsel

It’s been about three months since we returned from our trip and I’m still reflecting on what an incredible and educational experience it was.

From about March 24 through April 1, 2023, Sheinna G., Ian F., Debra B. and I were on the Maryland Civil Rights Educational Freedom Experience. We started in Rockville Maryland and traveled to and through Georgia, North Carolina, Alabama, Tennessee, Arkansas, and Mississippi. We visited many museums, historical sites, and historically relevant cities. We traveled with and learned from living civil rights figures. As we journeyed long hours on the bus, we watched documentaries and movies that reinforced and/or provided the context for the information we gained from the historical sites and museums.

Lately, it’s been exciting to see my social media feed filled with posts and videos from people visiting the Legacy Museum. During the Experience we visited the Legacy Museum and the National Memorial for Peace and Justice. These were two of my favorite stops on the trip. The Legacy Museum highlights America’s pathway from Enslavement to Mass Incarceration. I loved that we weren’t allowed to use our cameras in this museum because it forced us to fully be present and absorb the powerful images and information surrounding us. The vivid images, sculptures and videos brought to life the horrors of slavery, lynching, racial segregation and mass incarceration in America. The intense images and sculptures in the National Memorial of Peace and Justice put into greater perspective the effects of lynching on African Americans throughout the United States, and how the various states have dealt with that issue. 

I returned from this Experience feeling grateful and empowered and filled to the brim with important information.  In a world seeking to eliminate or whitewash the details of history, experiences like this are crucial to ensuring that history is remembered accurately. I have been and will continue to highly recommend this experience to everyone.

The West Indian Day Parade Experience

By Waydee Rivera

Investigator, Harrisburg Regional Office

I recently attended a dinner party with some friends, and we were reminiscing about our childhood summers. I was like most kids looking forward to the last day of school, but I also enjoyed the end of summer as I knew I would be celebrating at the West Indian Day Parade on Labor Day. I was born and raised in Brooklyn, New York and my paternal family is Jamaican. I grew up in an area where many of my friends were either from the West Indies or their parents were born on the islands in the Caribbean. We all had strong pride in the countries we were from and represented them to the fullest. But when it came down to the West Indian Day Parade held in Brooklyn, we all came together and shared love for each other. The parade was more than an event and it felt like a celebration of communities coming together as a family.

According to researchers, “There are 600,000 New Yorkers of non-Hispanic West Indian descent” and many reside in Brooklyn. Although I am a true Brooklynite and love my Jamaican heritage, neither can take credit for originating the parade. The West Indian Day Parade is a nod to carnivals that took place across the Caribbean. A Trinidadian immigrant named Jesse Waddle is the creator of the parade and it was held in Harlem. As it took off and became larger, the parade was pushed to Labor Day, and it moved to Brooklyn.

For me and my friend in my neighborhood, the parade was within walking distance. We look forward to seeing the brightly decorated floats representing each island and the most elaborate costumes. People would be dancing down Eastern Parkway to calypso and reggae music celebrating our rich West Indian/Caribbean culture.

I encourage all to visit and experience the parade as I believe you will truly get to enjoy the best of all islands. People who partake in the parade enjoy viewing the extravagant costumes, delicious food, music, and dancing. I truly believe it is a unique experience because not only do the islands come together but you would get to see people from different races and cultures come together as one to celebrate.



As I share my memories in this article, I realize we have so much to learn and celebrate with each other if we take the time to embrace one another.  

Q&A with Bill and Lizz

Question: How would you describe your experience?

Lizz Ellington (LE): Working here has been such an incredible learning experience! Not only did I gain work experience, but also learned more about the office environment and culture. It’s been fascinating to watch how each of the departments interact to support communities throughout the state. It’s definitely been one to remember!

Bill Jirak (BJ): Overall I found my experience, especially since it was my first time working in an office environment, extremely informative and rewarding. It was one to get used to, but I felt more and more comfortable as the weeks went by. I was satisfied knowing that this would give me unparalleled job experience.

Q: What has been one aspect of this internship that has surprised you?

LE: Honestly, I didn’t know what to expect. I just hoped it wouldn’t be uneventful, and it wasn’t! I didn’t know much about the PHRC and the information available online didn’t do it justice. It’s fascinating seeing the staff interact with one another to eliminate discrimination and bring people together.

BJ: The thing that has surprised me the most was the ability I was given to choose my pace for a week. I was given set assignments for a particular week, but it was up to me to complete everything at the pace most comfortable to me. This was starkly different to my retail jobs in the past as well as college where I can rarely deviate from a set schedule. I’m always given opportunities to step in or out of my comfort zone. This led to me being able to succeed much easier and faster than I was anticipating from the beginning.

Q: What is the most eye-opening experience during the duration of the internship?

LE: Everyone was so welcoming and kind. Working here has helped me accept myself, disabilities and all. As a result, my self-confidence and self-worth has grown drastically compared to when I initially started. It’s helped me rediscover parts of myself and understand that it’s okay to make mistakes. It’s okay to be awkward and quiet. People ask me questions because they’re genuinely curious, not because they’re being polite.

While attending the PHRC Annual Review a few weeks ago, E.D. Lassiter said something that’s stuck with me – “Be as you become.” They serve as a mantra for mindfulness, something I’ve struggled with all my life. 

Q: Which of your strengths have you used the most during your internship? What weaknesses have hindered you, if any?

LE: At first, I struggled because I’m naturally painfully shy. I had a hard time asking for help and interacting with my coworkers. Working here has forced me out of my shell, so I’ve made an effort to improve my social and interpersonal skills. I’ve always relied on my research and analysis skills, as well as my writing skills to interact with others.

I normally prefer to keep conversations brief, or to speak as little as possible. That simply wasn’t possible here – they wouldn’t let me hole up in my cubicle! Although it was painfully awkward for me at first, I’ve realized I’ve been missing out on so much by keeping to myself.

BJ: The skill I used the most during my duration was my ability to adapt to new experiences as well as grow my flexibility. I usually learn a new skill quickly and adapt to feedback. Something that held me back, especially during my first few weeks, was anxiety about dealing with the new experiences themselves.

Q: Has the internship met your expectations compared to when you first took the job?

BJ: My first thought upon taking the internship was honestly “Am I cut out for this?” Obviously upon getting used to it, I realized I was, but I was worried that I was getting a bit over my head with taking a prestige office job. I was worried I was going to be struggling and not able to understand my responsibilities but upon getting into the shake of things, I was consistently able to get tasks done and communicate with supervisors clearly and efficiently. All my expectations were very different than the turn out. I had almost nothing correct with my original assumptions about the job and my qualifications. I realized I shouldn’t doubt my abilities and I can always do what I put my mind to.

Thank you, Bill and Lizz, for your hard work this summer. The PHRC wishes you the very best in your future!

Upcoming PHRC Events

Outside PHRC Events

Follow us!