Tag Archives: “colorblindness”

Dick Grote, Forced Distribution, and the EEOC Compliance Manual: Forced Distribution Must Show Compliance with All Civil Rights Laws and Regulations

Forced Ranking, its main apologist is Dick Grote, is a blunt management tool, one that does not work in an imperfect world. When imperfect human beings, named as managers, deign themselves to be perfect judges of “performance” by virtue of their position and power over other human beings, the result must be tragedy. See, for example, the Vanity Fair article on Microsoft or read the many articles on the failures of Enron.

This tragedy is compounded with the United States of America’s greatest shame and weakness–chattel slavery of African Americans and all of the negative results visited on those human beings considered as mere property and their descendants. The United States has barely started the recovery process on this indelible stain on the society and its governmental institutions, yet careful and conscientious observers witness consistent backsliding on true equal opportunity. Such weakness is magnified greatly with reckless use of forced distribution, with all of the negatives of the terrible procedure, such as

  • being emotionally abused through unchecked abuse of power,
  • finding new paying work,
  • having to explain the firing in neutral terms repeatedly in interviews with potential employers, and
  • losing access to money to pay for life’s necessities (food, shelter, and clothing) for oneself and his or her family.

All of the bulleted items (above) are thrown onto the target (the so-called poor performer, c-bucket employee) who does not know of the extent of the management’s wicked actions in “calibration” meetings.

Grote, in his writings (analyzed on this blog) on forced distribution, never directly considers the Equal Employment Opportunity Commission’s Compliance Manual and its effect on the use of forced distribution in the workplace. Obliquely, there is one example, that I contrast with an example from the EEOC’s Compliance Manual (below). Employers must be aware, however, that all aspects of processes affecting employees must be without bias.

Dick Grote Quote Equal Employment Opportunity Compliance Manual
“But what if a company’s forced ranking procedure, honestly and objectively done, reveals that the blacks or women or disabled employees just aren’t as talented as the white ones? Should they do what some Harvard professors are said to do and award A’s to all the blacks, just to keep them from squawking?” (Grote, page 4 (a quote from a previous post)).

(Note: Consider this statement from Grote with the ever-present and persistent legacy of slavery and Jim Crow subjugation in the United States of America.)

2. Performance Evaluations

Performance evaluations frequently serve as the basis for numerous other employment decisions, such as pay, promotions, and terminations. They should be unaffected by race bias.

EXAMPLE 23 PERFORMANCE EVALUATIONS

Daniel is a customer service representative, and the only African American in his unit. Until recently he has received uniformly stellar performance ratings, received performance awards, and earned a good reputation among his customers and colleagues.

Things began to change, however, when a new supervisor was assigned a year ago to manage his unit. While Daniel had long been rated one of the best employees, the new supervisor began rating Daniel as below average, which has affected Daniel’s quarterly bonuses.

He files a charge alleging race discrimination. A review of the performance evaluations of Daniel and others in his unit reveals that while Daniel’s overall performance rating has dropped markedly, the ratings of his counterparts have gone up. Significantly, on the most objective part of his performance evaluation – “quantity of results,” which measures the number of accounts serviced – Daniel was rated below average when in actuality he serviced more accounts than persons with higher ratings in this performance category. In addition, there is evidence that the supervisor undermined Daniel’s professional standing with customers – for example, by taking over meetings Daniel was supposed to lead, and refusing to correct a customer’s clearly mistaken belief that Daniel was responsible for an error. This treatment is markedly different than that of Daniel’s colleagues.

The investigation reveals no evidence of a nondiscriminatory reason – such as a pure personality clash (i.e., one not rooted in the alleged bias)(147) – that explains Daniel’s treatment. There is reasonable cause to believe Daniel’s performance evaluations, and thus his pay, were racially discriminatory.(148)

Futility of “Colorblindness”: Use of the Word “Thug” Is One of Dehumanization When It Crosses the Color Line

In Baltimore on April 27, 2015, the city police closed the Maryland Transportation Authority’s subway station and bus stop, located close to the Mondawmin Mall. Yet, there were many students and other travelers coming to that place, a major transit area, to go home or other places. The people were stuck in that place without being able to leave. An incident occurred, with property damage.

However, on the same day, was the funeral for Mr. Freddie Gray, who died of injuries sustained while in police custody (the specifics of which is being investigated as of the date of this post). The incident was seen as a result of frustration for the lack of answers for the death of Mr. Gray, but it seems that the incident was separate from Mr. Gray and a direct result of police blocking transit passengers from getting to their buses and subway trains.

An issue has developed as to how the incident is being characterized, namely by the use of the word “thug.” W.E.B. Du Bois in “The Souls of Black Folk” had written about the color line, the very different perceptions of life (and context applied to words) between members of the White society and the non-White societies.

The long history and continuing practice of Black subjugation and dehumanization does not permit for any ambiguity in words, such as for the word thug, once used liberally to discuss the incident in Baltimore on April 27. The situation was already charged with all of the events going on in the city before, on, and after that particular day. It is preferable to deal with the property damage and those that caused it with dispassion, just like the persons with authority have asked people to do while investigating police action around Mr. Gray, which lead to his death.

More specifically, the people causing the damage should be dealt with as human beings that made a wrong decision and allow them to have the ability for redemption and to repair the damage caused to other’s property and to themselves. Careless use of the dehumanizing words like thug needlessly inflame passions and continue to demonstrate the United States’ systemic dehumanization of non-White people.

While condemning others for undesirable acting out of frustration, several politicians conducted themselves in a similar way by generous denial of humanity to people that they criticized.

  • President Barack Obama, April 28, 2015, statement (bold by the blog author): “My understanding is, is you’ve got some of the same organizers now going back into these communities to try to clean up in the aftermath of a handful of criminals and thugs who tore up the place.  What they were doing, what those community leaders and clergy and others were doing, that is a statement.  That’s the kind of organizing that needs to take place if we’re going to tackle this problem.  And they deserve credit for it, and we should be lifting them up.” (Use of the word defended by the White House, April 29, 2015. Of note, Josh Earnest, the President’s press secretary, suggested the dictionary definition, but with the color-line area in the United States of America, clarity, and universally acceptable definitions is far more important. If the White House cannot accept a differing perspective on this issue, one can imagine the uphill battle necessary to change a social structure causing so many to suffer because of not belonging to the social majority group in the United States.)
  • Baltimore Mayor Stephanie Rawlings-Blake used the word but later clarified her remarks (in sum, treating those that committed errors as human beings).

A member of the Baltimore City Council, Carl Stokes, disagreed with a CNN’s Erin Burnett, stating that thug is shorthand for the N word. (Author’s note: Differing underlying worldviews of Stokes and Burnett are on display in this short interaction. Conflict over definition also lead to an odd situation of CNN personality, Ashleigh Banfield (White), trying to tell a Black person, Mr. Stokes, why use of the N word is wrong (when it is solely applied to Black people)). It is the reason why mere dictionary definition of the word thug is insufficient for the understanding needed for true equality to be placed in practice.)

Thomas Jefferson High School for Science and Technology: Statement of Robert “Bob” Frye in Washington Post Article about Black Student Applicants Unnecessarily Offensive and Counterfactual

Thomas Jefferson High School for Science and Technology (TJHSST), is a Fairfax County, Va., high school that focuses on science and technology. Admission to the public high school is through an admissions process. It is a school which has been a topic of a few posts on this blog.

In the Washington Post, on March 31, 2015, there was another article about the composition of the class at TJHSST, particularly that the number of Asian students had increased. The article did not mention that the number of White students has been on a trend of general decline since the class of 2015.

Thomas Jefferson High School for Science and Technology, Number of Admitted Students
Race Class of 2019 Class of 2018 Class of 2017 Class of 2016 Class of 2015
Asian 346 323 317 308 273
White 102 117 123 126 161
Black 8 10 5 7 6
Hispanic* 12 8 15 13 13

*The term “Hispanic” represents national origin, not race.

Fairfax County, Va. (population: 1,137,538 (2010 Census)

Race Percentage of population Number
White 67.2% 764,426
Asian 18.8 213,857
Black 9.9 112,616
Native American 0.7 7,963

admitted student table 2

The issue of the paucity of Black students at TJHSST has been a concern. “Outreach” is usually provided as the solution; however, mere outreach is not necessarily needed because an earlier post showed that many Black students were passing the admissions test, yet very few were being admitted.

So, upon reading a statement of Mr. Robert “Bob” Frye, a former Fairfax County School Board (FCSB) member (said to be “one of the longest serving black members” of FCSB), I took exception to it as–

  • the statement at once presumed that concern about Black student admissions rate is equivalent to “lowering standards” and
  • the statement is contrary to the admissions data (presented in the charts above).

Mr. Frye is quoted as saying–“‘I have no interest in lowering the standards at TJ,’ said Frye, 78, who served as chairman in 1999 and 2000. ‘I believe even now with the proper amount of preparation and interest the numbers [of black students] could surely be higher than they are now.'”

The numbers have shown a consistent low number of Black student admissions, despite many more Black students passing the test (a complaint to the U.S. Department of Education’s Office of Civil Rights on this latter point is ongoing (since 2012)), so this reality contradicts the suggestion that the answer is that Black students (who want to attend a science and technology institute) need better preparation to pass the admissions test.

Had Mr. Frye simply left his statement that the administration should look at admissions process of TJHSST that, alone, would not have provoked a negative reaction (but, notably, Mr. Frye has made such statements before in the past, yet in 2015, the same request is still being made).

The data provided by Fairfax County Public Schools, cited, in part, in the charts above, are not complete as the composition of the student test passers is not provided. That data are needed to see what the issue of the low Black admitted student numbers. Without it, a fair determination or evaluation cannot be made.

But, undeniably, there is a definite shifting in the TJHSST student body composition. It will be interesting to see if TJHSST remains a public school.

Federal Reserve Board: Brief for case involving claim of racial discrimination; Artis v. Bernanke, 2011 decision of the D.C. Circuit Court of Appeals

Author’s note: This post will differ from previous posts in that it will feature a longer exposition. It is important to be a little longer because the case involving the class plaintiffs and the Federal Reserve Board has been ongoing for about 18 years. This case before the D.C. Circuit was decided in January 2011. On September 29, 2014, the district court denied class certification to the plaintiffs. See Artis v. Yellen, Civil Action No. 01-400 (EGS). The case remains active as of the date of this post.

Artis v. Bernanke, No. 09-5121 (D.C. Cir. 2011)

Summary: D.C. Circuit Court of Appeals held that class members claiming racial discrimination at the Federal Reserve Board (Board) did satisfy the Board’s Equal Employment Opportunity (EEO) regulations requiring a counseling session with the Board’s EEO office because the class did provide information about specific instances of discrimination and offered corresponding allegations of discrimination against individual class agents. The D.C. Circuit determined that such information was enough for the Board to investigate and try to resolve the class claims.

Facts: The plaintiffs, a class of secretaries currently and formerly employed by the Board, claimed that the Board systematically discriminated against them on account of their race in violation of Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e et seq.).

On January 15 and February 13, 1997, several class members, with counsel, initiated counseling with the Board, in accordance with Board regulations 12 C.F.R. §268.104(a). (Board EEO counselors, with a Board lawyer, held group counseling sessions on these days.)

On January 17, 1997, class members, responding to the Boards request for information, submitted 14 identical copies of a document, “Resubmission of Class-Action Complaint.” In the January 17 document, the secretaries alleged a systemic and pervasive pattern of discrimination against African American secretaries by the Board. Particularly, that the Board–

  • Paid them lower salaries than non-minority secretaries,
  • Awarded them fewer and smaller bonuses,
  • Granted them fewer promotions,
  • Deflated their performance appraisals,
  • Denied them privileges and training that non-minority secretaries enjoyed,
  • Unfairly enforced leave procedures against them, and
  • Discriminated against them in the quantity and quality of work assignments.

Between January 24 and February 18, 1997, Board EEO counselors met individually with nine secretaries, in which those secretaries confirmed the general allegations in the January 17 Resubmission document, and some of them recounted specific instances of discrimination from personal experience. The Board’s EEO counselors prepared reports based on the notes they took in these counseling sessions.

The class members filed an administrative complaint on March 3, 1997, but the Board dismissed the complaint on July 23, 1997. And, the U.S. Equal Employment Opportunity Commission affirmed the Board’s dismissal on November 18, 1998. The class filed a complaint in the federal district court on February 22, 2001.

The Board filed a motion to dismiss, which the district court denied. The district court ordered discovery on the issue of exhaustion, “whether the plaintiffs have satisfied their obligation to engage in counseling” and whether “the administrative counseling process was a futile exercise,” citing Artis v. Greenspan, 223 F. Supp. 2d 149 (D.D.C. 2002).

After five years of contentious discovery, the Board renewed its motion to dismiss in 2005, which the district court granted on January 31, 2007, holding that the court lacked subject matter jurisdiction over the class because the class members failed to exhaust the counseling requirement because the class failed to provide any meaningful information about specific instances of discrimination. The class members appealed.

Holding: The D.C. Circuit, vacating the decision of the district court and remanding the case to the district court, held that where counseling produces sufficient information to enable the agency to investigate the claim, that counseling purpose has been served. The court determined that the class members did provide meaningful information about specific instances of discrimination in the January 17 Resubmission document and offered corresponding allegations of discrimination against individual class agents. Such information, the D.C. Circuit reasoned, was enough for the Board to investigate and try to resolves the claims of the class members. (See pages 9-12 of the opinion for the specific allegations and the individual experiences of discrimination.)

Moreover, the court stated that it reviews challenges to dismissals for lack of administrative exhaustion de novo, as it is a question of law, citing Brooks v. Dist. Hosp. Partners, L.P., 606 F.3d 800 (D.C. Cir. 2010).

Analysis: The purpose of counseling, the court explained, in the Title VII context, is clear from the text of the Board’s regulation–to enable the agency and its employee “to try to informally resolve the matter,” citing 12 C.F.R. §268.104(a), Wilson v. Peña, 79 F.3d 154 (D.C. Cir. 1996), and Blackmon-Malloy v. United States Capitol Police Bd., 575 F.3d 699 (D.C. Cir. 2009).

The court noted that Title VII’s exhaustion requirement should not be read to create useless procedural technicalities, citing President v. Vance, 627 F2d 353 (D.C. Cir. 1980). An agency risks misusing the counseling requirement, the court explained, when it demands excessively detailed support for a class-wide complaint alleging a pattern and practice of subtle financial and professional discrimination.

Claims of systemically depressed salaries, performance ratings, advancement opportunities, and the like can often be proven only by statistical comparison of the employer’s treatment of the class to its treatment of non-minority employees, the court noted. The court continued, stating that such an analysis will only be possible after employees obtain data from their employer, informally or through discovery.

Thus, the court concluded that it would be perverse to dismiss a complaint for failure to provide adequate detail in counseling when all of the relevant data is in the employer’s exclusive control.

In addition, the court noted that the class status of the plaintiffs allows a representative plaintiff to satisfy the counseling requirement on behalf of similarly situated class members. As a result, the entire class exhausted administrative remedies by virtue of the class agents successful completion of counseling.

Moreover, the court noted in a footnote that failure to exhaust administrative remedies under Title VII is not jurisdictional because Title VII does not include a clear statement of that intent.

CFPB: OIG’s Wordy, Pusillanimous Audit Report (2015-MO-C-002) Mostly Non-Responsive to Congressional Questions; Failed to Assess Whether CFPB Practices Contribute to Systemic Discrimination

The Office of the Inspector General (OIG) for the Consumer Finance Protection Board (CFPB) recently issued an audit report stating that the CFPB can enhance its diversity and inclusion efforts. I am deeply disappointed with this report as it dares to be self-satisfied and committed to the status quo of the CFPB’s operations. The reality is that the report was produced by external agency forces, the American Banker article and the Democratic members of the House Financial Services Committee (see pages 64-65 of the report), not through the ongoing work of the CFPB’s OIG.

Overall, however, with current circumstances going on in the nation, such as the events in Ferguson, Missouri (and the significant systemic discrimination practiced there), this is the time for more in-depth investigation than is present is this very light, analytically speaking, yet very lengthy and wordy, report from the OIG.

Furthermore, the OIG’s audit report is a public document, yet it is written in a way that the findings could only be understood by a CFPB insider. This outcome is problematic because the taxpayer must be able to understand on what programs tax dollars are being spent, for what reason, and with what effect. For example, a thorough explanation of the performance appraisal process (before and after the American Banker article), including its attendant policies and management’s actions with it, would have been helpful to the reader.

The third-party report, produced by DCI Consulting (pages 75-101), however, is more responsive to examining structural discrimination at the CFPB through its practices. (This blog post is focused on the OIG-authored portion of the report.)

The report’s self-satisfaction comes from the report’s authors use of CFPB operations when it may well be those operations that themselves contribute to the problems with diversity and inclusion. The CFPB’s OIG does not even assess this possibility, even though the American Banker article already pointed out issues with the performance evaluation process. Given the changes that have occurred, with the leadership of Director Richard Cordray and some members of Congress, well before the issuance of the report, the OIG should have performed this assessment. Its absence is notable. (It is exasperating that Director Cordray must lead all of the change himself, without reliance on the well-paid (perhaps overpaid) high-level management staff.)

[Author’s note: A mere mention that the OIG-authored report’s scope is (severely) limited and then producing a recitation of the Office of Personnel Management’s definition of workforce diversity and inclusion seems to be a convenient escape hatch (page 2), one that I refuse to grant to this unacceptable audit report.]

Hearings of the House Financial Services Committee, Oversight and Investigations Subcommittee, CFPB, 2014
Date Title of Hearing Witnesses Hearing Report Number
4/2/2014 Allegations of Discrimination and Retaliation within the Consumer Financial Protection Bureau Ms. Angela Martin and Ms. Misty Raucci 113-72
5/21/2014 Allegations of Discrimination and Retaliation within the Consumer Financial Protection Bureau, part 2 Mr. Benjamin Konop and Ms. Liza Strong 113-81
6/18/2014 Allegations of Discrimination and Retaliation within the Consumer Financial Protection Bureau, part 3 Mr. Ali Naraghi and Mr. Kevin Williams 113-85
7/30/2014 Allegations of Discrimination and Retaliation and the CFPB Management Culture The Honorable Richard Cordray 113-96

Moreover, the basis of the report being an audit report and not an analytical report makes it non-responsive to the questions presented by the American Banker article and the questions from the members of the congressional committee. The issue of diversity and inclusion is not a matter found in financial documents and spreadsheets. It is found in examining agency activities and evaluating them with the applicable laws and regulations. Appendix B (pages 66-68) demonstrates the extremely thin foundation for the report.

The overall goal of the audit report was to collect various elements, then “judgmentally” select a point from one of them to use as a test against a CFPB human-resources-related activity. This method is non-responsive to the questions posed by the congressional committee because the issue of whether the activity itself is causing the problem is left unquestioned and unanswered. With this approach, I find it difficult to see why a CFPB employee would report anything regarding diversity, inclusion, or systemic discrimination to this OIG.

The report authors merely searched for whether there were controls to prevent or detect bias or discrimination. A laudable goal, but the methods used to determine such controls are inadequate. For example, the report cites exit survey data (page 54), and that the report authors found a low level of people leaving reported discrimination as a factor. The CFPB’s Office of Minority and Women Inclusion, or OMWI, stated that its goal is to reduce the perceptions of discrimination and discrimination to zero.

Consumer Finance Protection Bureau’s Exit Survey Data, March 2012 – September 2013
Separations during period 225
Employees that submitted survey 96
Employees that did not submit a survey 129
Percentage taking survey 0.4267
Percentage not taking survey 0.5733

The exit survey alone is insufficient to be a control because the exiting employee simply has no obligation to provide such information to the CFPB. Second, to assess employee perceptions at the time of departure is insulting to the employee and shows a definite lack of effort by the organization to ensure that it is acting fairly and equitably. Third, no mention is made about the effect of so many people electing not to provide exit surveys and its effect on the relevancy of data derived from such a survey.

As a result of the CFPB’s OIG being unable to address issues of systemic discrimination, the CFPB and the Federal Reserve Board should be expected to review these issues more vigorously and be directly accountable to the Congress for successful implementation and compliance with all of the civil rights laws and regulations as well as the federal merit principles.

Authors of CFPB OIG Audit Report, 2015-MO-C-002
Name Title
Anna Saez OIG Manager
Ed Fernandez Senior Auditor and Project Lead
Victor Calderon Senior Forensic Auditor
Saurav Prasad Senior Auditor
Amanda Sundstrom Auditor
Megan Taylor Auditor
Dennis N. Wolley Jr. Audit Intern
Timothy Rogers Senior OIG Manager for Management and Operations
Melissa Heist Associate Inspector General for Audits and Evaluations

U.S. Judiciary: Chief Justice John Roberts Issues 2014 Year-End Report

John Roberts, Chief Justice of the United States, issued a 2014 year-end report on the judiciary.

The Chief Justice focused on the U.S. Courts and their adaptation to improvements in information technology. Essentially, the Chief Justice explained that the federal court system is and will be slow to adopt new technology to its operations. The goal of the federal court system is to provide litigants fair and efficient access to courts, the Chief Justice stated. The Chief Justice made a reference to the tortoises on the bases of the Supreme Court’s exterior lampposts as a symbol of the judiciary’s commitment to constant but deliberate progress in the cause of justice.

[Comment:  But a tortoise’s pace is very slow, and it is a presumption that the slow pace is for the cause of justice. It can easily become an obstacle to progress as well (in 2014, in particular, the issues with police authority and its effects on the community as well as the judiciary’s interaction with law enforcement and citizens (that is, grand juries) make this point (of the court’s approach as being an obstacle to progress) salient during this period of assessing the fairness of the court system to all citizens).

The Court is as reliant on the consent of the governed as other government institutions, but it is interesting that the Chief Justice did not discuss this aspect in the report.]

Continuing with the report, the Chief Justice identified several technological improvements that the federal court system has adopted:

  • Computer-assisted legal research.
  • Computer-assisted graphics, video, and other technological aids to facilitate communications with judges and juries in the courtroom.
  • Automation of the federal court’s filing, acceptances, and retrieval of documents that each court receives each day (electronic case filing and case management (CM/ECF).
  • Public Access to Court Electronic Records (PACER) allows the public to find court records in a way not possible before CM/ECF.

For the future, the Chief Justice noted that the Administrative Office of the U.S. Courts are planning to develop an updated CM/ECF, which will add a central sign-on feature. Also, the Chief Justice added, the future plans include, for example, automatic calendaring notices to interested parties.

The Supreme Court will develop its own electronic filing system in 2016 or so, the Chief Justice explained. The Court will provide further information about its plans in the coming months, the Chief Justice stated.

[Note 1: Judicial pay has remained at the 2014 level for 2015. See Executive Order 13655, schedule 7 (https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/pay-executive-order-2014-adjustments-of-certain-rates-of-pay.pdf).

Position Pay in 2010-2013 (in dollars) Pay in 2014 (in dollars) Pay in 2015 (in dollars)
Chief Justice of the United States 223,500 255,500 255,500
Associate Justices of the Supreme Court 213,900 244,500 244,400
Circuit Judges 184,500 211,200 211,200
District Judges 174,000 199,100 199,100
Judges of the Court of International Trade 174,000 199,100 199,100

]

In the appendix to the report, the Chief Justice provides and explanation of the workload of the judiciary. I will focus on the Supreme Court’s workload. Six per curiam decisions were issued during this term in cases that were not argued.

2005 2006 2007 2008 2009 2010 2011 2012 2013
Filings 8521 8857 8241 7738 8159 7857 7713 7509 7376
In forma pauperis 6846 7132 6627 6142 6576 6299 6160 6005 5808
Paid docket 1671 1723 1614 1596 1583 1558 1553 1504 1568
Cases:
argued 87 78 75 87 82 86 79 77 79
disposed 82 74 72 83 77 83 73 76 77
signed opinions 69 67 67 74 73 75 64 73 67

Futility of “Colorblindness”: Edward Blum Uses Legal Complaint to Express Personal Pique, Appeal College Admissions Decision; Affected Student Can Simply Apply for Transfer to University

Edward Blum, an apologist for “colorblindness”, supported the filing of two lawsuits, essentially arguing that the White plaintiff was discriminated for his race because the student did not get into a desired university–the University of North Carolina at Chapel Hill (UNC-Chapel Hill). However, rather than filing a 65-page complaint, Students for a Fair Admissions, Inc. v. University of North Carolina, the student (who was admitted to another university) could simply apply for a transfer to UNC-Chapel Hill. Crucially, the legal complaint ignores this option.

As I have argued in this blog, “colorblindness” considers all humans to be equal, but the term ignores that social power is concentrated solely within the White race in the United States of America. No proponent of “colorblindness” dares to admit the thrust of Justice John Marshall Harlan’s argument in Plessy v. Ferguson, 163 U.S. 537 (1896), affirming White superiority and control, or to cite the population numbers (by race) in the U.S. Census. As a result, colorblindness apologists, the Blum-sponsored “colorblindness” argument as well as many similar apologists-have stunning insensitivity for the Black people of the United States who bear the tremendous burden of suffering from the injustice of their “colorblind” “ideas” and have little to no social power to stop the wrongful and abusive actions of the social majority.

United States (population: 308,745,538) (2010 Census)

Race Percentage of population Number
White 72.4% 223,553,265
Black 12.6 38,929,319
Native American 0.7 540,013
Asian 4.8 14,674,252

North Carolina (population: 9,535,483) (2010 Census)

Race Percentage of population Number
White 68.5% 6,528,950
Black 21.5 2,048,628
Native American 1.3 122,110
Asian 2.2 208,962

In addition, as I read through the Blum-sponsored complaint, I stopped on table b in paragraph 55. The data are presented in alphabetical order. But, the data should be presented in order of significance. When the data is sorted from largest number of admissions to the lower number of admissions, Whites are shown to have received 61% (3616) of the 5899 seats, and Asians received 17% (1018) of those seats. These two groups account for 78% of the admitted persons. In comparison, Blacks received 10% (618) of those seats. The lack of clarity in presenting the facts makes me doubt the credibility of the entire complaint.

Table B, as presented in the legal complaint–

Table B
Average GPA and SAT for All Admitted Students (2012)
Admitted GPA SAT
American Indian or Alaska Native 103 4.38 1300
African American 618 4.32 1229
Asian/Asian American 1018 4.63 1431
Hispanic 415 4.51 1319
Pacific Islander 6 4.51 1393
White 3616 4.56 1360
Not Reporting 123 4.46 1344

Table B, adjusted by blog author, in order of significance, by admission number and race–

Average GPA and SAT for All Admitted Students (2012) (in order of admitted persons)
Admitted Percentage of admitted persons GPA SAT
White 3616 61% 4.56 1360
Asian/Asian American 1018 17% 4.63 1431
African American 618 10% 4.32 1229
Hispanic 415 7% 4.51 1319
Not Reporting 123 2% 4.46 1344
American Indian or Alaska Native 103 2% 4.38 1300
Pacific Islander 6 1.75% 4.51 1393
Total 5899

The reader will note that the average GPA and average SAT score is lower for Whites than for Asians, but Whites still received 61% of the admissions.

The complaint, therefore, is one of personal pique that the applicant did not gain admission to a first-choice school.

However, the student, a college student elsewhere, is not locked out from UNC-Chapel Hill, a large state university. The student can apply for admission as a transfer student. The transfer program at UNC-Chapel Hill appears to be extensive. The student should use this option before a lawsuit, as the student could well achieve admission by doing so.