However, are the concerns of workplaces different from those of schools when it comes to why diversity might matter?
So if a bar in the south part of Boston is known as, you know, Flanagan’s Bar, and it’s as Irish as can be, and the owner is Irish, and the bartenders are Irish, and the employees are Irish, and the big percent of all customers are Irish, Flanagan’s can’t put up a sign that says, “Waiter Wanted. It must be Irish”, because my clients are Irish.
Of course.
It works the same way. There’s no difference. So if an African American or Hispanic comes in and applies for that job, Flanagan can’t say to that African American or Hispanic, “Well, you know, my profits are going to go down because, you know, my clients really want Irish, and they’re going to go to the O’Malley’s bar across the street if I hire a black bartender.” That’s illegal.
Of course it is.
And so it’s also illegal if, and I’m going to pull a name off the air, if Google says, “We need to hire in this capacity, you know, African Americans,” or “We really have too many whites.” , so we need more Asians.” All of that is currently illegal, but not challenged as often as I think it should be.
So do you plan on turning your Yente talents into the workplace next?
Well, I think employment is an area that I think will get more attention, not just from me, but from other organizations, other legal policy foundations. I also believe that some of the things we associate with higher education—internships, scholarships, certain research grants—need to be reviewed if they have been unique to race.
Do you think this decision has facilitated the continuity of your work?
Well, I’ve said it in the past: this opinion is the end of the beginning. This problem of race and ethnicity in our public life is not going to go away.
Are you worried that this affirmative action decision, in 20 or 30 years, could make America less fair to many more people? And how would you feel if that happened?
I don’t think it’s going to happen. It is now up to the world of higher education to create fair and equitable admissions policies that do not discriminate on the basis of race. It depends on them. Each of them now has an institutional responsibility and an individual responsibility. They have their work cut out for them.
