Friday, January 30, 2009

Michael Steele elected Chairman of the RNC

Just a short while ago, Michael Steele was elected and will now serve as the first African American Chair of the RNC. While I have often disagreed with his positions, I do applaud Chairman Steele's recent outreach attempts. He has made numerous speaking appearances in forums dealing with urban issues and has participated for the last two years in the NAACP's Annual Leadership 500 summit. Each time Mr. Steele was willing to dialogue in forums and panels; answering some tough questions from really tough crowds. And while I found myself disagreeing as often as not, I commend him for joining the dialogue and sharing his thoughts and ideas about how we can collectively move forward.

I hope that Chairman Steele will work to make the RNC more inclusive and more attentive to the issues of blight, poverty, educational equity, disparities in criminal justice and healthcare, workers rights, fundamental fairness issues with regard to the LGBT and immigrant communities, and the elimination of the remaining vestiges of discrimination. I also hope that we will see him again THIS year at the Leadership 500 summit, so that he can continue this dialogue with the NAACP and other community organizations about needed reforms in the political structure and the society as well. 

Coupled with the recent election of President Obama, this moment provides us all with a key opportunity to refocus the civic discussion away from partisanship and political dogma onto issues of substance and a more thoughtful consideration of the "greater good". 

On behalf of the Wichita Branch NAACP, we offer our heartfelt congratulations to you Chairman Steele.... Now let's see what we can accomplish... Together.

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Thursday, January 29, 2009

Video: President Obama signs the Lilly Ledbetter Fair Pay Act into law

On only his tenth day in office, President Obama signs the Lilly Ledbetter Fair Pay Act into law.



The Lilly Ledbetter Fair Pay Act is a true Civil Rights bill. It is widely characterized as a bill designed to close the gender-gap in corporate pay. And while it is certainly a powerful tool to address that disparity, it's applications are even more far-reaching.

In the precedent-setting Ledbetter case, the Supreme Court ruled that the 180-day statute of limitations on filing a pay discrimination claim with the Equal Employment Opportunity Commission (EEOC) under Title VII of the Civil Rights Act of 1964 begins to run when the original discriminatory decision is made, regardless of whether the discrimination continues beyond the 180-day period. In other words, a complainant would have to file a grievance within 180 days of their very first paycheck that was paid at a discriminatory wage.

This act, now signed into law by the President, has restored the "pay-check accrual" interpretation of the Civil Rights Act which ensures that employees who can prove pay discrimination based on race, color, religion, sex, national origin, age or disability can once more seek redress as long as the discrimination continues.

Thank you Lilly Ledbetter for not giving up, and for  your courage in continuing to fight for fairness even after the Supreme Court denied your claim. And thank you President Obama for making this the very first bill that you signed into law; one that works toward the establishment of a level playing field by allowing for the fair redress of grievances...



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Wednesday, January 28, 2009

Join us for the NAACP Centennial Celebration


On February 15th, the Wichita Branch will host an NAACP Centennial Celebration. The NAACP was founded on February 12th, 1909 and to mark the 100th year of civil rights advocacy, we will host a public celebration at the Kansas African American Museum. The celebration will feature a private screening of the KPTS Documentary on the Dockum Sit-in, a review of the history and successes of the Wichita Branch, and the release of the Wichita Branch 2009-2010 strategic plan. 


Food and drinks will be provided and this event is free and open to the public...

When: February 15th      3:00pm - 6:00pm


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Historic Holder nomination to U.S. Attorney General to come before full U.S. Senate on Thursday, January 29

Eric Holder's confirmation to be the next Attorney General of the United States was approved of by the Senate Judiciary Committee by a vote of 17 yeas to 2 nays earlier today, Wednesday, 1/28/2009, with only John Cornyn (TX) and Tom Coburn (OK) voting no (a tally of the Senate Judiciary Committee vote is attached). His nomination may come before the full Senate for a confirmation vote as early as tomorrow, Thursday, 1/29/2009. We need to encourage everyone to contact their Senator as soon as possible to urge them to support this important nomination.

Eric Holder, who has been nominated by President-elect Barack Obama to serve as Attorney General of the United States, is the right person for the job. The Department of Justice has, for the past 8 years, been woefully mismanaged, and as a result it has not adequately protected Americans' voting, housing or employment rights; nor has it even attempted to address police misconduct or a whole host of other issues to ensure that our rights to life, liberty and the pursuit of happiness are protected.

Through his historic nomination of Eric Holder (if confirmed Eric Holder will be the first African American U.S. Attorney General in history) President-elect Obama has selected a person who has, throughout his career, demonstrated a commitment to justice, an even-handed nature, and an ability to lead. In addition to serving as the Deputy Attorney General under Janet Reno and leading the transition from Ms. Reno to her successor, Attorney General John Ashcroft, Eric Holder has served as the United States Attorney for the District of Columbia, as a Superior Court Judge nominated by Ronald Reagan and as a trial attorney in the Public Integrity section of the Department of Justice. Mr. Holder knows the U.S. Department of Justice and knows what needs to and can be done, and is clearly the best candidate to swiftly and competently restore and reinvigorate the beleaguered department.

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Tuesday, January 27, 2009

NAACP urges President Obama to ensure that funds to help financial institutions preserve accountability of those who discriminated in lending

On January 12, 2009 then-President Bush, at the request of incoming President Obama, asked Congress to release the second half of the $700 billion appropriated in October to help the ailing financial services industry. Congress, which had 15 days to reject the request, has agreed to it and the second $350 billion appears poised to go to the Department of Treasury on January 27, 2009. The legislation to provide the remaining $350 billion is known as T.A.R.P., the Troubled Asset Recovery Program.

Due to years of discriminatory and unscrupulous lenders targeting their predatory loans to racial and ethnic minority Americans, and disproportionately African Americans, our Nation's foreclosure crisis has disparately affected America's communities of color. For this reason, the NAACP is especially concerned that 

  1. at no point are financial institutions allowed immunity for their past discriminatory activities; 
  2. the taxpayer money being spent to help financial institutions stay afloat directly benefits homeowners facing foreclosure; and 
  3. the financial institutions be obliged to ensure that credit, which is currently difficult to obtain for many small businesses, especially women-owned businesses and those owned by minorities, be made available. 
As such, we are urging President Obama and his administration to resist any calls from financial institutions that would result in their not being held accountable for their past discriminatory actions which led in a major way to this financial crisis, especially when those actions disproportionately targeted and harmed racial and ethnic minorities and other vulnerable populations. We are also urging the Obama administration to use a large portion of the $350 billion about to be released to require that financial institutions assist homeowners facing foreclosure enter into loan modifications that result in enabling them to stay in their homes while still paying sustainable, market-rate mortgages. Finally, we are calling for the Administration to ensure that a significant portion of the $350 billion is provided to smaller financial institutions that service small women-and minority-owned businesses.

Please CLICK HERE for the action we need you to take...


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Monday, January 26, 2009

Make your opinions count: FDA Request for Public Comment

The Food and Drug Administration (FDA) is seeking information and comments on issues related to the enrollment of certain populations in clinical drug trials. Particularly, the FDA is requesting information and comments from medical product manufacturers, institutional review boards (IRBs), patient groups, universities, researchers, community groups, and other interested parties.

The request is the result of the FDA Amendments Act of 2007. The FDA will take the information from the public comment period, and other information they’ve collected, to send to Congress in a required report in the Fall of 2009. The report will address the best practice approaches on increasing the participation of elderly populations, children, racially and ethnically diverse communities, and medically underserved populations in clinical drug trials. FDA requests that those with information on possible approaches to increase participation of these groups in clinical drug trials submit comments.

This is of particular importance in light of the clinical trials that recently validated the use of BiDil as a treatment for Congestive Heart Failure in African Americans. 

It had long been known that African Americans with congestive heart failure (CHF) responded less effectively to conventional CHF treatments (particularly ACE inhibitors) than Caucasians. BiDil, which is a combination of hydralazine (an antihypertensive) and isosorbide dinitrate (a vasodilator), was originally rejected by the Food and Drug Administration (FDA) in 1997. But a subsequent clinical study in 2005 demonstrated that BiDIL actually reduced mortality by 43%, reduced hospitalizations by 39%, and quality of life markers in African American patients with CHF. The BiDil combination preparation was then approved by the FDA in June 2005 for African American use only based on the results of that study. It is the first race-based prescription drug in the United States.

DATES: Submit written or electronic comments by February 27, 2009.

The full text of the Federal Register notice and the instructions for electronic submission of comments is available HERE.

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Saturday, January 24, 2009

Video: NAACP President and CEO Benjamin Jealous appears on the Colbert Report

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Friday, January 23, 2009

The Senate passes the Lilly Ledbetter Fair Pay Act

On Thursday, the Senate passed S. 181, The Lilly Ledbetter Fair Pay Act, by a vote of 61-36. Senate Bill 181 represents a concrete step towards ending pay discrimination and providing adequate means of relief to those who have been discriminated against. The bill would restore the "pay-check accrual" interpretation to ensure that employees who can prove pay discrimination based on race, color, religion, sex, national origin, age or disability can seek redress as long as the discrimination continues.

In the precedent-setting Ledbetter case, the Court ruled that the 180-day statute of limitations on filing a pay discrimination claim with the Equal Employment Opportunity Commission (EEOC) under Title VII of the Civil Rights Act of 1964 begins to run when the original discriminatory decision is made, regardless of whether the discrimination continues beyond the 180-day period. In other words, a complainant would have to file a grievance within 180 days of their very first paycheck that was paid at a discriminatory wage.

Rarely if ever would any new-hire employee of a firm or company have information on the pay and benefits of all of their co-workers. So determining that you were being paid at a lower or discriminatory wage is something that could takes several months or even years to unearth. Yet, the courts ruled in Ledbetter that the statute of limitations for filing a claim of discrimination would expire 180 days after that first paycheck. This bill restores the "Pay-Check Accrual" interpretation, under which the statute of limitations begins to run each time an employee receives a paycheck or other form of compensation reflecting the discrimination.

“We are here today to give the nation a wake-up call! Wage discrimination still exists because there are loopholes in our federal laws. We want to close the loopholes. Change in the federal law books means change in women’s checkbooks. We need to pass the Lilly Ledbetter Fair Pay Act. It's time for a new American revolution - we need to put on our lipstick, square our shoulders and fight together!" - Senator Barbara Mikulski


“The Lilly Ledbetter Fair Pay Act would restore the law that existed in virtually every region of the country prior to the Supreme Court’s ruling in Ledbetter v. Goodyear and give women back critical tools they need to fight wage discrimination in court. Make no mistake, this vote matters to women, their families, and to all victims of pay discrimination. This is the time to stand up for what is right, for what is just, for what is urgently needed as people struggle to stretch their paychecks now more than ever.” - Marcia Greenberger, founder and co-President of the National Women’s Law Center



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Tuesday, January 20, 2009

Reflections on this Inauguration day



A year and a day ago, on Martin Luther King day, I posted a rather long piece describing my growing senses of frustration and urgency in dealing squarely with the pervasive issues of apathy, civil dependence, conspicuous consumption, and self-imposed limitations. And while much of my view remains unchanged, I find myself today revisiting the same concepts and ideas, now with a renewed sense of optimism. Now I'm not one who is given to flights of idealism; in fact I pride myself on being an intentional realist. But as I sit here in DC, relishing the moment when I witnessed the inauguration of President Obama, I am convicted by the idea that we can rise above our petty differences, overcome our dysfunctions, and work together to create the nation we've always aspired to become. 

In the article I talked about the "Mandela moment". I coined that term originally to describe the moment when Mandela was released from prison and his return to National prominence lifted the hearts and spirits of South African people and people around the world. It was a profound and beautiful moment; one when those who had been downtrodden and defeated were able to dream and envision a better future for themselves and their children. But it was also a moment fraught with risk. In that moment, Mandela the idea had become larger than Mandela the man.

In the article I expressed my concern for South Africa and their Mandela moment with these words:

However the unfortunate reality of things is that 30 years from now, though there will certainly be progress, South Africa will still be faced with savage inequalities; there will still be poverty issues, and some will likely still live in shantytowns. But addressing those issues 30 years hence will become increasingly complicated and difficult because the problems themselves will be greatly intensified by the weight of fallen expectations.


I believe that our nation experienced it's first Mandela moment with the victories of the Civil Rights movement and I detailed what I believe to have been its consequences in that earlier post. But now with the election of President Obama, I believe we are experiencing a second Mandela moment.  A moment when we've suspended our disbelief and we are willing to believe and invest fully in the coming of a new day.

But we must be cautious... We must be cautious that we don't raise our level of expectations so high that they become unrealistic. We can not allow ourselves to believe that President Obama can somehow solve all of society's ills. We must be realistic about what a President can accomplish. For if we are to escape the weight of fallen expectations, if we are to avoid the unintended consequences of a dream deferred, then we as Americans will all have to pitch in and work towards the fulfillment of our newly formed dreams.


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Pictures from the Inauguration of President Obama













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Sunday, January 18, 2009

Off to the Inauguration!!!


Just a few hours ago, my father and I made our way into Washington DC. It's hard to believe that the day is nearly upon us. But even more surreal is the fact that I will be sharing this moment with my father. 

My father once told me a story about an incident that occurred in his youth. He told me that once while walking down the sidewalk on 88th and Hough in Cleveland, when he was 8 years old, a white man spat in his face. In that moment, facing the reality of his own powerlessness, all he was able to do was cry. Given the time and the period, the story is not entirely remarkable, except for the fact that he can so vividly recall the moments and the feelings all these years later.

As much as Obama's inauguration means to me, I can not fully fathom what it must mean to him. I can't imagine how this spectacle would appear to eyes that had seen so much... In 2 days time, the tortoise will finally outpace the hare; and my father and I will both be there to see it...


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Friday, January 16, 2009

NAACP Legal Defense Fund Files Amicus Curiae Brief in Prop 8 Challenge

On Thursday, January 15th, the NAACP Legal Defense and Educational Fund, Inc. (LDF) filed a friend of the court brief challenging California's Proposition 8 on the grounds that the basic rights of a minority group cannot be taken away by a simple majority. LDF joins other civil rights groups, the Asian American Pacific Legal Center, the Mexican American Legal Defense and Educational Fund, Equal Justice Society, and the California NAACP in calling for the invalidation of Prop 8.

"It is imperative that the Supreme Court of California recognize that by allowing Prop 8 to take effect, it is setting a dangerous precedent that allows a bare majority to strip minority groups of their fundamental rights. We are joining this challenge to ensure that the rights of all minority groups are being protected," said John Payton, LDF President and Director-Counsel.

The California Supreme Court recognized marriage as a fundamental right. To take away that right a constitutional revision requiring a two-thirds vote by the state legislature – and not just a simple majority vote – would be needed in order to bar same-sex marriage. If Prop 8 is allowed to stand the fundamental rights of all minority groups will be placed in jeopardy.

"Proposition 8 affects more than just the LGBT community. This decision will ultimately affect how the rights of all minority groups are treated in the state of California," said Anurima Bhargava, Director of LDF's Education Practice.


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"Beyond Vietnam": War and poverty, then and now...


Last night, on the campus of Wichita State University, the Wichita NAACP and the Peace and Social Justice center sponsored an event dealing with Martin Luther King's position against the Vietnam war. We began by viewing his incredible "beyond Vietnam" speech, wherein he discussed his view that the war against the Vietnamese was really a war against the poor. Not only because of the relative poverty of the Vietnamese who we were fighting, but more poignantly and specifically, because the US Government diverted the funds, attention and resources, that had been earmarked to fight poverty to the prosecution of the war.  

After the video, there were short presentations by Professor Gretchen Eick of Friends University and myself, followed by an hour long question and answer session. 

There were many obvious parallels drawn between King's position on the war in Vietnam and the current wars in Iraq, Afghanistan, and Gaza. For my part, I argued that the moral courage that King displayed in taking this position, and that we rightly celebrate, should inspire us to be morally courageous in addressing the 'wars' in our inner cities. With major cities like Philadelphia, Baltimore, Cleveland, Jersey, and others topping 200 murders per year, many of us live in the midst of war. In a sense, it is almost 'easier' to challenge the wars on CNN than it is to take the time away from work, sit in your local City Council, County Commission, Parish, or School Board meeting, and speak out against apathy, indifference, and superfluous spending projects that divert funds attention, and resources, away from dealing with the current problems of the urban poor. 

In all, it was a great and informative event. And on behalf of the Wichita Branch, I'd like to thank Janice Bradley and her staff at the Peace & Justice center for their hard work in putting this event together...

But I'd like YOUR feedback on this... Leave me a comment and let me know what you think. Which is the more immediate parallel, the West Bank or West Philly?


Tech Tags:

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Wednesday, January 14, 2009

Former BART Officer arrested for the murder of Oscar Grant

Reposted from the San Jose Mercury News
By Kelly Rayburn and Sean Maher
Oakland Tribune


Johannes Mehserle, the former BART police officer who shot and killed an unarmed man early New Year's Day, was arrested on a murder charge in Nevada today, officials confirmed. Mehserle, 27, shot and killed Oscar Grant III, 22, at an Oakland BART station in the early morning of New Year's Day. The shooting has prompted massive protests, especially after videos of the incident surfaced.

Mehserle was being held in Douglas County, Nev., on a no-bail warrant, a law-enforcement official said. Since he was arrested in Nevada, he will face an extradition hearing before returning to Alameda County, a process that could take at least a few days.

Alameda County District Attorney Tom Orloff is expected to discuss the arrest further sometime today.

Christopher Miller, Mehserle's Sacramento-based attorney, could not be reached for comment, but his office confirmed the arrest.

"The family will certainly be relieved that (Orloff) has made some effort to bring him to justice," said attorney John Burris, who is representing the family in a $25 million claim against BART. "This is terrific. This is a very important step in healing the community."


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Monday, January 12, 2009

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Sunday, January 11, 2009

California Attorney General Jerry Brown to intervene in the Bart shooting investigation after meeting with State NAACP Leaders

On New Year's day, 22 year-old Oscar Grant was shot and killed by Officer Johannes Mehserle of the Bay Area Rapid Transit Authority or (BART). The shooting was captured on cell phone video and posted on YouTube where it has been viewed by Millions of Americans. Bay Area Rapid Transit Police Chief Gary Gee said that the agency is "committed to completing an unbiased, thorough and detailed investigation" of the shooting death of Oscar Grant.



Now, more than a week after the shooting, The Alameda County District Attorney's Office hasn't decided if they will pursue criminal changes.

On January 9th, California NAACP President Alice Huffman met with California Attorney General Jerry Brown to call for his intervention. After meeting with the California NAACP, Attorney General Jerry Brown held a Press Conference in his office where he said, "The wheels of justice cannot grind so slowly that it appears that justice is not being served." He went on to question why Alameda County District Attorney Tom Orloff would need two weeks to decide whether to prosecute the officer.

AG Brown said he will send a high-ranking deputy to Orloff's office to meet with the prosecutor's staff, observe the investigation and report back to him. "I want to make sure that we're pushing this along," Brown said.

California NAACP President Huffman reported that if District Attorney Orloff doesn't prosecute, the NAACP will ask the U.S. attorney's office to file federal civil rights charges against Officer Mehserle.



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Saturday, January 10, 2009

Statistics just released by NCES show 1 in 7 American adults lack Basic Reading Skills

On Thursday, January 8th, the National Center for Education Statistics released State by State estimates and projections of Adult Literacy. The data shows that 1 in 7 American adults lack basic reading skills.  The data was compiled through the 2003 National Assessment of Adult Literacy (NAAL). 

The 2003 National Assessment of Adult Literacy (NAAL) assessed the English literacy skills of a nationally representative sample of 18,500 U.S. adults (age 16 and older) residing in private households. NAAL is the first national assessment of adult literacy since the 1992 National Adult Literacy Survey (NALS). The NAAL and NALS produced direct estimates of Prose, Document, and Quantitative literacy, each reported on a 0 to 500 scale and on four performance levels: Below Basic, Basic, Intermediate, and Proficient based on this scale. 

The county and state indirect estimates themselves are provided at the NAAL website http://nces.ed.gov/NAAL. The measure chosen for the indirect estimation is the percentage of adults lacking Basic prose literacy skills (BPLS). The literacy of adults who lack BPLS ranges from being unable to read and understand any written information in English to being able to locate easily identifiable information in short, commonplace prose text, but nothing more advanced.

It should be noted that adults who were not able to take the assessment because they were not able to communicate in English or Spanish (i.e. language barrier cases) are included in the indirect estimates and classified as lacking BPLS because they can be considered to be at the lowest level of English literacy.

What do YOU think? Have any of you experienced this in your local communities? Post a comment and let's discuss this...


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Friday, January 9, 2009

The Lilly Ledbetter Pair Pay Act and the Paycheck Fairness Act pass the House!

Today in the House, both the Lilly Ledbetter Fair Pay Act (H.R.11) and the Paycheck Fairness Act (H.R.12) passed the House. Though the votes were highly partisan, each passed by a comfortable margin. Each measure will now move to the Senate where they may be heard as early as next week.

Lilly Ledbetter Fair Pay Act (passed 247-171)


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Paycheck Fairness Act (passed 256-163)



Click Here to see how Your Representatives voted on H.R.11-Lilly Ledbetter Fair Pay Act or on H.R.12-The Paycheck Fairness Act


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Thursday, January 8, 2009

New Data exposes dramatic Racial Discrimination in US Advertising Industry

NAACP, MEHRI & SKALET ANNOUNCE MADISON AVENUE PROJECT

NEW YORK, NEW YORK --- An exhaustive new study of America's advertising industry released today has found dramatic levels of racial discrimination throughout the industry. Bias against African-American professionals was found in pay, hiring, promotions, assignments, and other areas.

The study was initiated by a coalition of legal, civil rights, and industry leaders who created the Madison Avenue Project. The Project was created in 2008 to address advertising's deep-rooted racial bias and today, Cyrus Mehri, Project leader and prominent civil rights lawyer, called the findings "absolutely astonishing in this day and age." Angela Ciccolo, Interim General Counsel of the NAACP, another project partner, commented that "the time has come to stand up to change this industry."

Overall, the findings reveal that racial discrimination is 38 percent worse in the advertising industry than in the overall U.S. labor market, and that the "discrimination divide" between advertising and other U.S. industries is more than twice as bad now as it was 30 years ago.

Specific findings include:

  • Black college graduates working in advertising earn $.80 for every dollar earned by their equally-qualified White counterparts;
  • About 16 percent of large advertising firms employ no black managers or professionals, a rate 60 percent higher than in the overall labor market;
  • Black managers and professionals in the industry are only one-tenth as likely as their White counterparts to earn $100,000 a year;
  • Blacks are only 62 percent as likely as their white counterparts to work in the powerful "creative" and "client contact" functions in advertising agencies;
  • Eliminating the industry's current black-white employment gap would require tripling its Black managers and professionals.

Though employment discrimination has sharply diminished in America in the last 40 years, systemic barriers to equality in the $31 billion a year advertising industry have not budged. In 1978, for example, the New York City Human Rights Commission found that limited minority employment "was not simply the result of neutral forces, but emanated directly from discriminatory practices." Those practices continue today.

The study found the primary source of discrimination to be agencies' implicit assumption that the cause of Black under-representation is a shortage of 'qualified' Black job seekers. In reality, the problem is not a shortage but a "persistent unwillingness by mainstream advertising agencies to hire, assign, advance, and retain already-available Black talent."

Moreover, the study found, the industry's response to long-running charges of discrimination has consisted of "token efforts. The industry's primary response has been extremely modest expansions in training and entry-level hiring." At today's rate of progress, Black numbers among advertising managers and professionals will not reach their expected level for another 71 years.

An appropriate response, the study concluded, "will require fundamentally transforming the workplace culture of general market advertising agencies." Specifically, agencies must root out the stereotypes that make race, not ability, determine employment potential; halt the "buddy system," in which personal relationships and social comfort often count for more than job performance; and eliminate the assumptions that racial minorities can't succeed in non-ethnic markets.


The Madison Avenue Project is led by the NAACP and attorney Cyrus Mehri, of Mehri & Skalet, PLLC, who has won several multi-million dollar discrimination settlements against such corporations as The Coca-Cola Company, Morgan Stanley and Texaco Inc.; with the cooperation of Sanford Moore, a former advertising executive, current New York City talk radio co-host, and longtime advocate for racial parity in advertising.

"Today we are sending a message to the advertising industry: this conduct is unacceptable and must change," Mehri said today.

"I have witnessed first-hand the mendacity and machinations that have kept African-Americans invisible on and to Madison Avenue for over four decades," Moore said. "Madison Avenue has created and perpetuated a 'separate and unequal' marketing paradigm which is reflected in their advertising, their workforce and among their executive ranks. Even though our dollars provide the profits, the industry is still afraid of the dark."

"The Madison Avenue Project is designed to send a special wake up call to the advertising industry," Ciccolo added. "It's time for Madison Avenue to wake up to civil rights and to the meaningful inclusion of African Americans in this highly segregated industry."

The NAACP also plans to circulate the report not just to its members, but also to Fortune 100 companies to urge them to stop aiding and abetting widespread discrimination by this industry.

The study, entitled "Research Perspectives on Race and Employment in the Advertising Industry," was conducted by a leading research firm, Bendick and Egan Economic Consultants. 


Contact: Deb Colbert, 301-565-5329 (O) or 301-332-0813 (C), daccomm@aol.com;
Richard J. McIntire, NAACP Communications Department, 202-463-2940 x1021, rmcintire@naacpnet.org

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Statement of Mr. Benjamin Todd Jealous; President and CEO of the NAACP, on the nomination of Eric Holder to be Attorney General of the United States

Good morning. My name is Benjamin Todd Jealous and I am the President and CEO of the NAACP, our Nation’s oldest, largest and best known grassroots based civil rights organization.

I am here to lend our organizations’ strong and unwavering support to the nomination of Eric Holder to serve as the next Attorney General of the United States. In fact, prior to the holidays and just after President-elect Obama announced Mr. Holder’s nomination, NAACP National Board Chairman Julian Bond and I sent a joint letter to Senate Judiciary Chairman Patrick Leahy and Ranking Member Arlen Specter urging their “swift and resounding” support for Mr. Holder’s confirmation.

Eric Holder’s historic nomination to serve as Attorney General could not have come at a more crucial time. Eric Holder is uniquely qualified to lead the Department of Justice out of the quagmire in which it currently finds itself. He is the best qualified candidate to help the US Department of Justice reinvigorate itself and regain its rightful place as our country’s enforcer of our civil rights, voting rights, employment rights and housing rights laws. Furthermore, Eric Holder’s background and his experience make him exceptionally qualified to tackle the issues surrounding law enforcement misconduct, issues that have continued to plague African American communities and communities of color throughout the United States.

Eric Holder’s background has consistently demonstrated that he is a fair and impartial leader who will be able to rebuild and lead a strong, robust and accountable U.S. Department of Justice. Mr. Holder has proven himself to be strong, consistent and judicious not only in his capacity as the United States Attorney for the District of Columbia, as a Superior Court Judge and as a trial attorney in the Public Integrity section of the Department of Justice, but also as Deputy Attorney General of the Department of Justice under Attorney General Janet Reno. He further proved himself to all sides as an integral leader of the transition team when the Department of Justice was changing leadership from Attorney General Reno to the newly confirmed Attorney General Ashcroft in 2000.

And so I must reiterate the NAACP’s strong support for the nomination of Eric Holder as the next Attorney General. The NAACP looks forward to working with Mr. Holder to ensure that our Nation’s voting rights laws, employment protection laws and anti-housing discrimination laws are strictly enforced. We also look forward to a reinvigorated Patterns and Practices Department within the Department of Justice to ensure that more rogue police departments are bought into line. Only with strong protections, the sort that Eric Holder is uniquely qualified to ensure and deliver, can we as a country begin to have renewed confidence in the Department of Justice. Thus, I again urge the entire United States Senate to act swiftly and resoundingly in confirming Eric Holder to be the next Attorney General of the United States.

Thank you.

BTJ - January 7, 2009

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The Atwater Community center releases new schedule for Community Education Efforts

~Guest Posted by Patricia Houston


The Northeast Community Education Group invites you to join us at the Atwater Community Center (2755 E 19th St)and get off to a great start in 2009.

Sign up for any of these activities by calling 303-8017.

GOSPEL AEROBICS – MONDAYS @ 6:30PM
Jumpstart getting into shape. Experience the thrill of your heart pumping and your spirit soaring! Come have a fun, energetic time getting or staying in shape moving to your favorite Gospel music.
Call 303-8017 to sign up. Monday, January 26th

HOMEWORK HUDDLE – MONDAYS & WEDNESDAYS 5PM – 6PM
We are providing a place where students can come, complete their homework or brush up on their math and reading skills. (No Huddle on January 19th) 
Please join us by calling 303-8017.

W.A.R. PURE AND SIMPLE – MONDAYS (EXCEPT 1ST MONDAYS) AT 6PM – 7PM
Working to Win the Abstinence Revolution (W.A.R.) is what this
gathering is all about. High School students are invited to join in
a WAR that can save lives! Please join us by calling 303-8017.

THE SISTA GIRLS CLUB – WEDNESDAYS BEGINNING JANUARY 14TH AT 1:30PM –5:30PM
"Sista Girl, Sista Girl have you heard, we striving for the best, so
spread the Word" A club just for Middle School girls who want to have
fun on the journey of doing their best while achieving success!
Please join us by calling 303-8017.

GOAL SETTING – WEDNESDAY JANUARY 21ST AT 6:30PM – 7:30PM
Goal setting is a powerful process for thinking about your ideal
future, and for motivating yourself to turn this vision of the future
into reality. The process of setting goals helps you choose where you
want to go in life. By knowing precisely what you want to achieve,
you know where you have to concentrate your efforts. You'll also
quickly spot the distractions that would otherwise lure you from your
course. Call 303-8017 to sign up by January 13th. Patricia
Houston, Instructor

FOSTER AND ADOPTIVE PARENT INFORMATIONAL SESSIONS - JANUARY 22ND
6PM – 7PM

Discover what is needed to make a difference in the life of a child
by attending a free foster and adoptive parent informational
session. Learn about the need for foster and adoptive parents, the
different types of foster homes, the requirements and benefits to
becoming a foster and adoptive parent. Come explore whether foster
parenting is the right fit for you. Call 303-8017 to reserve your
seat.

FREE COMPUTER USE - MONDAY – FRIDAY 9AM – 7:45PM ~ SATURDAYS 9AM – 4PM
Our computer lab is open to the public for free access to the
internet, use of Microsoft Word and Excel. There is a one hour time
limit. Computer room is closed on Mondays

MEDIEVAL BOOK STUDY – SATURDAYS 9:30AM – 11:30AM ~ JANUARY 24TH –
FEBRUARY 21ST

A free class will be held to indulge in the works of literary master
such as Chaucer, Tolkien, and Shakespeare. Each Session will entail
a book discussion and project. Call the McPhillips at (316) 687-
2930 to sign up or for detailed information about this thrilling
opportunity, or email us at bwar4@cox.net. Fare thee well; we hope to
see thee soon!


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ACTION ALERT: Congress set to vote on the Lilly Ledbetter Fair Pay Act and the Paycheck Fairness Act

The House is scheduled to vote on the Lilly Ledbetter Fair Pay Act and the Paycheck Fairness Act Tomorrow (Friday 1/09/09) and the Senate will take up the bills next week. CONTACT YOUR REPRESENTATIVES TODAY and encourage them to vote YES on both the Ledbetter Fair Pay Act and the Paycheck Fairness Act


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Lilly Ledbetter Fair Pay Act:

DETAILED SUMMARY OF THE LILLY LEDBETTER FAIR PAY ACT - H.R. 2831

On July 31, 2007, the House passed H.R. 2831, the Lilly Ledbetter Fair Pay Act. This is a critical bill for women, rectifying the Supreme Court decision in Ledbetter v. Goodyear that made it much harder for women and other workers to pursue pay discrimination claims. This week, the Senate will take up the House-passed version of the bill – in an attempt to send the bill directly to the President’s desk.

In May 2007, the Supreme Court handed down a 5-4 decision, Ledbetter v. Goodyear, which tosses aside longstanding prior law and makes it much harder for women and other workers to pursue pay discrimination claims. On May 29, 2007, the Supreme Court handed down a 5-4 ruling that would make it significantly harder for women and other workers to sue their employers for discrimination in pay. The Court ruled that since Lilly Ledbetter, a long-time employee of Goodyear, had not filed her charge of pay discrimination within 180 days of her employer’s initial decision to pay her less, she could not receive any relief.

By its ruling, the Supreme Court stripped Title VII of the Civil Rights Act of much of its potency. As a New York Times editorial (5/31/07) pointed out, “The Supreme Court struck a blow for discrimination this week by stripping a key civil rights law of much of its potency. The majority opinion … forced an unreasonable reading of the law, and tossed aside longstanding precedents to rule in favor of an Alabama employer that had underpaid a female employee for years.”

In overturning the Supreme Court, this bill simply restores the longstanding interpretation of Title VII of the Civil Rights Act. The Supreme Court ruling overturned longstanding precedent. Under longstanding precedent and the interpretation of the EEOC, every paycheck resulting from an earlier discriminatory pay decision is considered a violation of Title VII of the Civil Rights Act and other key anti-discrimination statutes. Therefore, as long as a worker files within 180 days of a discriminatory paycheck, their charges are considered as timely. The legislation would also clarify that, once a worker files a charge, he or she needs not keep filing new charges with each new paycheck.

Lilly Ledbetter’s case was a clear case of pay discrimination on the basis of sex. Lilly Ledbetter worked for nearly 20 years as a supervisor at a Goodyear Tire and Rubber Company facility in Alabama. She sued the company after learning that she was paid less than her male counterparts at the facility, despite having more experience than several of them. A jury found that her employer had unlawfully discriminated against her on the basis of sex. However, the Supreme Court ruled that Ledbetter had waited too long to sue, despite the fact that she filed a charge with the EEOC as soon as she received an anonymous note alerting her to pay discrimination. The court ruled that, since Ledbetter did not raise a claim within 180 days of the employer’s initial decision to pay her less, she could not receive any relief. Employees in Ledbetter’s position would be forced to live with discriminatory paychecks for the rest of their careers under this Supreme Court decision.

This Supreme Court decision ignores the realities of the workplace. The majority in this decision failed to take into account the realities of the workplace. Employees generally do not know enough about what their co-workers earn, or how pay decisions are made, to file a complaint precisely when discrimination first occurs. Indeed, in a large proportion of American companies, salaries are confidential. The court’s new rules would make it extraordinarily difficult for women and other victims of pay discrimination to sue under Title VII.

In her dissent, Supreme Court Justice Ruth Bader Ginsburg urged Congress to quickly pass a law correcting this damaging decision. As the New York Times (5/30/07) reported, “In a vigorous dissenting opinion that she read from the bench, Justice Ruth Bader Ginsburg said the majority opinion ‘overlooks common characteristics of pay discrimination.’ She said that given the secrecy in most workplaces about salaries, many employees would have no idea within 180 days that they had received a lower raise than others. … Justice Ginsburg noted that even a small differential ‘will expand exponentially over an employee’s working life if raises are set as a percentage of prior pay.’” In her dissent, Justice Ginsburg invited Congress to correct the Court’s misinterpretation of Title VII: “[t]he ball is in Congress’ court … the Legislature may act to correct this Court’s parsimonious reading of Title VII.”

Finally, the bill maintains the law’s current statute of limitations and limits on back pay recovery. Contrary to opponents’ claims, the bill does not eliminate the statute of limitations. Under this bill, an employee must still file a charge within the statutory filing period after receiving a discriminatory paycheck. Moreover, employees have no incentive to sit on their rights. The bill maintains Title VII’s limitation of two years for back pay recovery. The longer an employee waits, the more back pay is rendered unrecoverable.

The Court’s misguided decision is already having very harmful consequences far beyond Ms. Ledbetter’s case. According to The New York Times, the Ledbetter decision was cited in at least 300 cases in the 19 months after the Supreme Court's ruling. Not only have pay discrimination cases been adversely impacted, but Fair Housing, Title IX, and even the Eighth Amendment also have been affected. 

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Paycheck Fairness Act:

The Paycheck Fairness Act would help end the discriminatory practice of paying men and women unequally for performing the same job. The bill, which was introduced by Rep. Rosa DeLauro, will strengthen the Equal Pay Act and close the loopholes that have allowed employers to avoid responsibility for discriminatory pay.

Although the wage gap between men and women has narrowed since the passage of the landmark Equal Pay Act in 1963, gender-based wage discrimination remains a problem for women in the U.S. workforce. According to the U.S. Census Bureau, women only make 78 cents for every dollar earned by a man. The Institute of Women’s Policy Research found that this wage disparity will cost women anywhere from $400,000 to $2 million over a lifetime in lost wages. 

DETAILED SUMMARY OF THE PAYCHECK FAIRNESS ACT - H.R. 1338

The Paycheck Fairness Act:

(1) Enhances the Enforcement of Equal Pay Requirements

a. In suits where a female employee alleges wage discrimination, the employer could raise an affirmative defense to justify the disparate treatment only by demonstrating that a bona fide factor other than sex, such as education, or experience and one that is related to the position in question and furthers a legitimate business purpose is the reason for the difference in pay;

i. The DeLauro proposal imposes a stricter burden on an employer who wishes to affirmatively defend its actions by citing non-gender reasons for the difference in wages. Currently, under the Equal Pay Act once a prima facie case has been established by the employee, the burden shifts to the employer who can justify the pay differential by citing a differential based on any factor other than sex. This affirmative defense has been used as a broad catch-all exception that embraces an almost limitless number of factors, so long as they do not involve sex.

b. Employers would be prohibited from retaliating against employees who share salary information with their co-workers;

c. Female employees would be able to sue for compensatory and punitive damages. Currently, the Equal Pay Act only provides for back pay and double that amount for a willful violation.

(2) Provides for Enhanced Training

a. Subject to the availability of funds, the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs would be required to provide training to Commission employees on matters involving discrimination in the payment of wages;

b. The Secretary of Labor would be authorized, after consultation with the Secretary of Education, to establish a grant program to carry out negotiation skills training programs for girls and women. This training would help girls and women strengthen their negotiations skills to obtain higher salaries and the best compensation packages possible.

(3) Provides for Research, Education and Outreach

a. The Secretary of Labor would be directed to conduct studies and provide information to employers, labor organizations and the general public concerning ways to eliminate pay disparities.

(4) Establishes an Employer Recognition Program and Provides Technical Assistance

a. The Secretary of Labor would be directed to develop guidelines for employers to evaluate job categories based on objective criteria such as educational and skill requirements, working conditions, and decisionmaking responsibility.

b. The Secretary of Labor would also be required to establish a program to provide recognition for employers who adjust their wage scales to ensure that women are paid fairly in comparison to men.

c. The Secretary of Labor would be afforded the ability to provide technical assistance to an employer in carrying out wage evaluations.

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Wednesday, January 7, 2009

NAACP urges the US Senate to confirm Eric Holder as Attorney General as quickly as possible


Eric Holder, who has been nominated by President-elect Barack Obama to serve as Attorney General of the United States, is the right man for the job. The Department of Justice has, for the past 8 years, been woefully mismanaged, and as a result it has not adequately protected Americans' voting, housing or employment rights; nor has it even attempted to address police misconduct or a whole host of other issues to ensure that our rights to life, liberty and the pursuit of happiness are protected.

Through his historic nomination of Eric Holder (if confirmed Eric Holder will be the first African American U.S. Attorney General in history) President-elect Obama has selected a man who has, throughout his career, demonstrated a commitment to justice, an even-handed nature, and an ability to lead. In addition to serving as the Deputy Attorney General under Janet Reno and leading the transition from Ms. Reno to her successor, Attorney General John Ashcroft, Eric Holder has served as the United States Attorney for the District of Columbia, as a Superior Court Judge nominated by Ronald Reagan and as a trial attorney in the Public Integrity section of the Department of Justice. Mr. Holder knows the U.S. Department of Justice and knows what needs to and can be done, and is clearly the best candidate to swiftly and competently restore and reinvigorate the beleaguered department.

The Senate Judiciary Committee is scheduled to begin hearings on Mr. Holder's nomination on Thursday, January 15, 2009. The NAACP is strongly urging the Committee, and subsequently the entire U.S. Senate, to swiftly and resoundingly confirm Eric Holder to be the next Attorney General of the United States. Click here for the ACTION WE NEED YOU TO TAKE!

THANK YOU FOR YOUR ATTENTION TO THIS IMPORTANT MATTER!!!
If you have any questions, call Hilary Shelton at the Washington Bureau at (202) 463-2940.

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Monday, January 5, 2009

The Wichita NAACP 2008 Year End report is now available

The 2008 Year End report for the Wichita Branch NAACP, detailing branch activities in the areas of Education, Civil Rights Enforcement, Voter Empowerment, Community Empowerment, Legal Redress, Health, Branch Administration, and Advocacy Training, is now available to the public.


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Friday, January 2, 2009

USD259 must do more to maintain district equity and diversity

It was just a year ago when the Board of USD259 voted to end it's busing for deseg program. Ending the program had been a topic of discussion for a number of years and by the time the vote was cast, scores of information and research had been obtained about the possible and perhaps likely outcomes.

We made it clear that from our research, most similarly situated districts that ended their deseg programs experienced a 4 to 5 year cycle wherein they saw:

  • a return to practically single race schools
  • a gradual migration of highly qualified and experienced teachers from the predominantly African American Schools to the predominantly White and suburban schools (which is a feature of teachers union contracts that allow them to move with seniority)
  • the replacement of those highly qualified and experienced teachers with newly minted and inexperienced teachers
  • a precipitous decline in test scores
Often leading to:
  • adapted curriculums (more block hours on NCLB testable disciplines to the exclusion of civics, the humanities, and some science courses)
  • increased focus on basic proficiency and a decreased focus on high achievement
  • a 'hardening' of the achievement gap
When the District voted to end busing, a plan was put forth that would (at least initially) address these issues. Additionally, a number of promises and commitments were made by members of the Board and the Administration regarding diversity and equity. Since that time, we as an organization have been relatively quiet on the issue: wanting to give the District time to finalize and begin to implement its plans.

But while the district has taken some really positive steps, it is clear that more attention is required. IF we are to avoid the aforementioned chain of events, then the District is going to have to take some focused and deliberate action. We already see our new K-8 Gordon Parks Academy within 20 points of becoming a single race school along with rapid demographic shifts in many other school around the district. And the much needed brick and mortar improvements promised by the bond issue will do nothing to arrest our momentum.

If we are to ensure diversity and equity, then we need to go back to the map and redraw our neighborhood school boundaries. The AAA neighborhood for student assignment purposes was defined by residential segregated housing patterns. To truly move beyond race in education, we should abandon the old 'race-conscious' district maps and develop new school boundaries using the same growth and capacity formula that we would use anywhere else in the city. If we all work together to reexamine school boundaries and determine how best to assign students, we can maintain district diversity without a deseg program.

It is also critical that the District draft policy that speaks directly to the issue of equity in teacher assignments. The number of highly qualified teachers and the average levels of experience within each school should be monitored and there should be some safeguards against any school falling behind the others in these categories.

In a recent article for the New Yorker Magazine, Malcom Gladwell stated the following:


Eric Hanushek, an economist at Stanford, estimates that the students of a very bad teacher will learn, on average, half a year’s worth of material in one school year. The students in the class of a very good teacher will learn a year and a half’s worth of material. That difference amounts to a year’s worth of learning in a single year. Teacher effects dwarf school effects: your child is actually better off in a “bad” school with an excellent teacher than in an excellent school with a bad teacher. Teacher effects are also much stronger than class-size effects. You’d have to cut the average class almost in half to get the same boost that you’d get if you switched from an average teacher to a teacher in the eighty-fifth percentile. And remember that a good teacher costs as much as an average one, whereas halving class size would require that you build twice as many classrooms and hire twice as many teachers.

These are known issues; either we address them, or we'll experience them.

We as the Wichita Branch remain actively and fiercely committed to three principles with regard to education within the district:

  • All schools should be staffed with highly qualified and experienced teachers
  • All students should be met with high expectations and academically rigorous curricula
  • All buildings should present a positive and diverse learning experience
And we look forward to working with the district to achieve these goals...

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