WHAT SHOULD LAW ENFORCEMENT AGENCIES DO TO CURB DISCRIMINATION AGAINST MINORITIES? WHAT CAN THE PUBLIC DO?

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Your response must be at least 200 words in length. You are required to use at least your textbook as source material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations.

 

Bell, M. (2012). Diversity in organizations (2nd ed., 175-179). Mason, Ohio: South-Western College.

 

Warren, P., & Tomaskovic-Devey, D. (2009, January 1). Contexts. Retrieved December 4, 2014, from http://contexts.org/articles/spring-2009/explaining-and-eliminating-racial-profiling/

against people of color, including Latinos, Blacks, Asians, Native Americans, and, more recently, Arabs.71 In their study of the relationships between officer characteristics and biased policing, Close and Mason found differences in the search behavior of White, Black, and Latino Florida Highway Patrol Officers over a two-year period involving nearly 1.3 million traffic stops. While Black and Latino residents were not more likely to be stopped, when they were stopped, they were more likely to be searched. White officers conducted proportionately more searches yet were less successful in finding evidence of criminal activity than Black and Latino officers, who conducted far fewer searches proportionately (Table 5.6). African American and Latino drivers were more likely to be searched, although they were no more likely to have contraband than Whites.72 The evidence suggests that patrol officers’ hit rates could be improved through less emphasis on the driver’s race and ethnicity as cues to criminal activity.

In addition to racial profiling, other forms of police misconduct have been documented, including dishonesty among police officers and informants, planting real and fake drugs and guns, and assaulting innocent people. Many of those victimized by police misconduct are Latino immigrants. In Los Angeles, Rafael Perez, a police officer facing trial for stealing six pounds of seized cocaine, agreed to a plea deal in exchange for a reduced sentence that would expose criminal activity among the Los Angeles police. Perez revealed how Los Angeles police “routinely lied in arrest reports, shot and killed or wounded unarmed suspects and innocent bystanders, planted guns on suspects after shooting them, fabricated evidence, and framed defendants,” the majority of whom were young Hispanic men.7 Due to the information provided by Perez, more than 100 defendants had their convictions vacated and dismissed.

 

 

n Amnesty International (2004).

72 Close, B. R., & Mason, P. L. (2007). “Searching for Efficient Enforcement: Officer Characteristics and Racially Biased Policing.” Review of Law & Economics, 3(2): 1-59.

3Gross, S. R., Jacoby, K., Matheson, D., Montgomery, N., & Patil, S. (2005). “Exonerations in the United States: 1989 through 2003.” The journal of Criminal Law and Criminology, 95: 524-560.

 

Chapter 5: Latinos/Hispanics 177

 

 

Rate

Another form of police misconduct was revealed when rumors of a “fake-drug scandal” began to surface in the city of Dallas, Texas.74 Paid “informants” targeted innocent Latinos, and then undercover officers Mark De La Paz and Eddie Herrera planted what appeared to be cocaine in the targets’ vehicles. What appeared to be cocaine was gypsum, commonly used in making sheetrock, and could easily have been identified had drug testing taken place. Because drug testing did not occur until the trials, those targeted were jailed for months and years or, as occurred in several cases, deported. Many of those arrested were auto mechanics, day laborers, and construction workers, with no prior criminal records, who spoke little English and had little money to mount a defense.75 Yvonne Gwyn, a 52-year-old grandmother from Honduras, who is a naturalized U.S. citizen and was running her own auto detail shop, was one of those arrested and jailed.76 When investigations revealed that the cocaine was gypsum, more than 80 innocent people were released. One informant in the Dallas case earned $210,000 in one year, making him the highest-paid informant that year.77 Former officer De La Paz was convicted of lying in a search warrant and sentenced to five years in prison.

Poor management procedures, lack of supervision, and considerable professional incentives to make drug busts set the stage for the abuses that occurred in both Los Angeles and Dallas. The vulnerability and devaluation of Latino immigrants also facilitated the abuse, which are reminiscent of the drug scandal in the small town of Tulia, Texas, that resulted in 15% of the Black population being arrested on drug charges, which were eventually dropped.78 These examples are relevant to the issue of diversity in organizations in that they reflect the role of organizations in facilitating unequal treatment of people based on their race, ethnicity, and class and to the need to pay attention when these kinds of behaviors are exhibited toward the diverse public. They also raise questions about the veracity and fairness of other arrests and convictions. As discussed in Research Summary 5.3, Latinos and Blacks in Florida are less likely to receive withheld adjudication, a legal benefit that would allow them to avoid the stigma of being convicted felons and the associated negative employment and social costs.

 

 

 

 

 

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he

74See Gross et al. (2005); Donald, M. (2002). “Dirty or Duped? Who’s to Blame for the Fake-Drug Scandal Rocking Dallas Police? Virtually Everyone.” Dallasobserver.com, http://www.dallasobserver .com/2002-05-02/news/dirty-or-duped/ accessed September 19, 2005.

75  Donald (2002).

76  Ibid.

77  Ibid.

“Stecklein, J. (2009, July 19). “Tulia Drug Busts: 10 Years Later.” Amarillo Globe, http^/amarillo. com/stories/071909/new_newsl.shrml, accessed October 24, 2010.

 

Convicted Felon, or Not? Differences by Race and Ethnicity

 

Considerable criminology research documents the existence of disparities in arrests, convic­tions, and sentencing for Latinos and Blacks when compared with those of Whites allegedly involved in criminal activity, particularly drug activ­ity. Under certain circumstances, Florida law allows judges to use their discretion and withhold adjudication, which prevents those involved in criminal activity from being labeled a convicted felon. A felony conviction is associated with many negative consequences—even after serv­ing time and being released, such a conviction prevents people from obtaining employment, vot­ing, serving on juries, and holding political office.

Given the documented disparities in sentenc­ing by race and ethnicity, Stephanie Bontrager and her colleagues set out to investigate possible dis­parities in withholding adjudication based on race and ethnicity. During a three-year period, 91,477 men were sentenced to probation. Overall, 57% received withheld adjudication, with Hispanics, Whites, and Blacks, receiving it, respectively, in 62%, 58%, and 48% of cases. The perceived advantages of Hispanics in sentencing changed after researchers controlled for individual-level factors, contextual variables, and “concentrated disadvantage,” factors including such things as the person’s age, seriousness of case, legal residency, prior supervision violation, and serious­ness of crime; rates of drug arrests, crime rates, and overall arrest rates in the county; percentage of population that was Black and percentage that was Hispanic; and people living in poverty, people on welfare, and families headed by a single mother. After controlling for these factors, Blacks remained least likely to have adjudication withheld, followed by Hispanics and then Whites. Blacks and Hispanics involved in drug and violent crimes were least likely to receive deferred adjudication, consis­tent with perceptions of threat of drug or violent crimes associated with Blacks and Hispanics.

Because they are less likely to have adjudica­tion withheld, Hispanics and Blacks have less opportunity than Whites to retain certain civil rights, gain citizenship, or obtain employment. Avoiding the stigma of a felony conviction could—all other things being equal—diminish the prospects of recidivism and increase the prospects of a success­ful return to productive life. Since deferred adjudica­tion is at judges’ discretion, these results make a strong case for promoting diversity in the judiciary, as does evidence of differential decision making of male and female and White and minority judges.

Source: Bontrager, S., Bales, W., & Chiricos, T. (2005). “Race, Ethnicity, Threat, and the Labeling of Convicted Felons.” Criminology, 43: 589-622.

 

 

 

Chapter 5: Latinos/Hispanics 179

immigrants also received harsher sentences than native-born Mexican Americans. Although all Hispanic immigrants received harsher penalties than native-born Hispanics, the immigrant penalty was greatest for Mexican immigrants. Logue speculated that Mexican immigrants’ harsher penalties were related to widespread publicity about immigrants and fears of Mexican immigrants taking jobs and committing crimes. The public’s perceptions about the proportion of crimes committed by immigrants (and minorities) and their representation in the population are quite distorted and shape the public’s attitudes.80 Among Whites, the more inaccurate their beliefs about the size of the minority population, the more negative their attitudes toward immigrants, Blacks, and Hispanics, which emphasizes the need for education.81

 

 

I Latinos as Customers

 

 

The Marketing Advantage

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As we have discussed so far, Latinos are a large and rapidly growing proportion of the U.S. population. As potential employees and customers, Latinos are a force to be reckoned with. Hispanic buying power increased from $504 billion in 2000 to $978 billion in 2009 and will grow to a projected $1.3 trillion in 2014.82 People en Espanol’s fourth annual Hispanic Opinion Tracker (HOT) reported important differences between the consumption behavior of Hispanics and that of the general population.83 In phone interviews with 6,000 Hispanics and 2,000 non-Hispanics aged 18 and over, 55% of the Hispanics were Hispanic dominant—those who prefer to speak Spanish and have a strong desire to maintain their Hispanic culture. Of the remaining 45%, 23% were bicultural and bilingual but were culturally more Hispanic. Another 22% identified with their Latino heritage but were more similar to the general population in consumer attitudes. In all, over three-fourths of the Hispanic population reported being bilingual, bicultural, and identifying with their Hispanic heritage. In the HOT survey, Hispanics reported spending an average of $1,992 on clothing and accessories compared to $1,153 for general customers in the twelve months prior to the collection of survey data. Hispanics were also more likely to report strong enthusiasm about

r n

 

 

s“AIba, R., Rumbaut, R. G., &C Marotz, K. (2005). “A Distorted Nation: Perceptions of Racial/Ethnic Group Sizes and Attitudes Toward Immigrants and Other Minorities.” Social Forces, 84(2): 901-919.

81 Ibid.

  • 82Marketing News (2005, July 15), 39(12): 23.

n                                                                                                                                           Wentz, L. (2005, July 18). “Survey: Hispanics ‘Passionate’ about Shopping.” Advertising Age,

76(29): 29.

 

Chapter 6: Asians/Asian Americans 201

4.2 percentage points. On the other hand, the representation of Whites in precision production, craft, and repair occupations exceeds that of Asians by 4.1 percentage points. Asians are slightly more likely than Whites to work in service occupations (14.4% compared to 11.6%).

 

 

I Asians as the “Model Minority”

Despite many researchers’ efforts to refute the stereotype of Asians as the “model minority,” the perception endures and is fairly widely held. Many people view the success of these Asians as due to hard work and determination, in contrast to Blacks, Latinos, and American Indians. One writer stated in a Newsweek magazine article that Asians were “outwhiting the whites,” exceeding Whites in education and income.27 This distorted picture often fuels animosity toward Asians from other minority groups and from Whites and ignores differences among Asians in education, income, and employment and understates the barriers and discrimination that Asians face. Many times, discrimination against Asians occurs concurrently with discrimination against other minorities, as shown in the following EEOC cases.

In February 2007, EEOC obtained a $5 million settlement resolving two consol­idated class action employment discrimination lawsuits against a global engine systems and parts company, asserting that the company engaged in illegal discrimination against African Americans, Hispanics, and Asians at its Rockford and Rockton, Illinois, facilities with respect to pay, promotions, and training. EEOC v. Woodward Governor Company, No. 06-cv-50178 (N.D. III. Feb. 2007)

In August 2006, a major national public works contractor paid $125,000 to settle race, gender, national origin, and religious discrimination and retaliation lawsuits brought by EEOC on behalf of a class of Black, Asian, and female electricians who were subjected to daily harassment due to their race, national origin, and/or gender by their immediate foremen, racial and otherwise offensive graffiti in plain sight at the workplace, and retaliation for complaining. EEOC v. Amelco, No. C 05-2492 ME J (N.D. Cal. Aug. 22, 2006)

In November 2004, the Commission settled for $50 million a lawsuit filed against Abercrombie & Fitch on behalf of a class of African Americans, Asian Americans, Latinos, and women allegedly subjected to discrimination in

 

 

“Success Story: Outwhiting the Whites.” (1971, June 21). Newsweek, pp. 24-25.

recruitment, hiring, assignment, promotion, and discharge based on race, color, national origin, and sex. Abercrombie & Fitch also agreed to improve hiring, recruitment, training, and promotions policies; revise marketing material; and select a Vice President of Diversity and diversity recruiters. EEOC v. Abercrombie & Fitch Stores, Inc., No. CV-04-4731 (N.D. Cal. Nov. 10, 2004)

 

Earnings disparities between Asians and Whites also call into doubt the idea that all Asians are successful and free from discrimination. Table 6.3 shows that comparisons between White and Asian men and women are complex. At the lower educational levels, Whites’ earnings exceed those of Asians. At the bachelor’s degree level, White men earn greater than $10,000 per year” more than Asian men, but Asian women earn nearly $4,000 more than White women. Except at the doctorate degree level, White men continue to earn more than Asian men, while White women with doctorate and professional degrees earn more than Asian women. Further, although Asians have higher earnings than Whites in some cases, many Asians live in high-cost areas (Honolulu, Los Angeles, New York, and San Francisco); 95% of all API live in metropolitan areas, compared to 78% of Whites.28 In addition, Asian family incomes are based on more workers than White family incomes. In metropolitan

 

 

2sReeves, T. J., & Bennett, C. E. (2003). “The Asian and Pacific Islander Population in the United States: March 2002.” Current Population Reports, P20-540. U.S. Census Bureau, Washington, D.C. http://www.census.gov/prod/2003pubs/p20-540.pdf, accessed December 19, 2010.

 

Chapter 6: Asians/Asian Americans 203

areas, API are eight times more likely to live in crowded household conditions than Whites.29

 

Misperception: Asians have higher incomes than Whites.

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Reality: Asians tend to live in high-cost areas and have more family members contributing to family income, making their earnings appear higher than they actually are.

 

Yen Espiritu has said the idea of Asians being model minorities is one that tells “only half-truths, masking the plight of disadvantaged subgroups and glossing over the problems of underemployment, misemployment, and unemployment” that Asians face.’0 Many others echo Espiritu’s sentiments about the inaccuracies and questionable motivations behind calling Asians “model minorities”referring to these inaccuracies as the model minority myth.31 The unspoken message is that because Asians are hardworking, successful, and free from discrimination, other minority groups should do as Asians do. As discussed in Focal Issue 6.1, Asians at times do face overt racist behavior and recognize and resist being portrayed as a “voiceless model minority.”

One important factor in determining how well people have avoided discrimination and how successful they are is to measure the return on their investments in education. As discussed earlier, Asian Americans are, overall, the most highly educated group in the United States, so one might expect their earnings to exceed those of every other racial and ethnic group, but this is not always the case, as Table 6.3 shows. Unemployment and type of occupation are other indicators of a group’s success. As Table 6.4 shows, White unemployment at all levels is the lowest and Black unemployment is generally the highest. Asian unemployment is more similar to that of Blacks and Latinos than to that of Whites. Well-educated Asian Americans are likely to be employed; those with less education, particularly

 

 

29Ro, M. (2000). “Overview of Asians and Pacific Islanders in the United States and California.” http://www.comniunityvoices.org/Uploads/om3gfk55hhzyvrn00n4nerbf_20020828090003.pdf, accessed December 19, 2010.

,0Espiritu, Y. L. (1999). “The Refugees and the Refuge: Southeast Asians in the United States.” In A. G. Dworkin & R. J. Dworkin (Eds.), The Minority Report, 3rd ed. Fort Worth, TX: Harcourt Brace Publishers, pp. 343-363.

“For discussions of the model minority myth, see Cheng, C. (1997). “Are Asian American Employees a Model Minority or Just a Minority?” Journal of Applied Behavioral Science, 33: 277-290. Le, C. N. (2010). “The Model Minority Image.” Asian-Nation: The Landscape of Asian America. http://www .asian-nation.org/model-minority.shtml, accessed November 2, 2010; Takaki (2008); Gold & Kibria (1993); Hurh, W. M., & Kim, K. C. (1989). “The Success Image of Asian Americans—Its Validity, and Its Practical and Theoretical Implications.” Ethnic and Racial Studies, 12(4): 512-538.

immigrants, often work for low wages or are unemployed, in poverty, and often recipients of public assistance.33 When employed, many immigrant women work in the garment industries; men often work in restaurants, frequently at substandard wages under poor working conditions and with excessive hours. Asian immigrants without education and language skills may be locked into these dead-end positions.

Underemployment affects educated Asian Americans as it does other minority groups. Despite often having higher education than Whites, Asians are underrepresented in senior management and executive ranks. Asians hold less than 0.5% of senior management positions in the United

 

 

 

”Borjas, G. J., & Trejo, S. J. (1991). “Immigrant Participation in the Welfare System.” Industrial and Labor Relations Review, 44(2): 195-211; Jensen, L. (1988). “Patterns of Immigration in Public Assistance Utilization, 1970-1980.” International Migration Review, 22(1): 51-83. See also Bean, F. D., Van Hook, J. V. W., 8c Glick, J. E. (1997). “Country of Origin, Type of Public Assistance, and Patterns of Welfare Recipiency Among U.S. Immigrants and Natives.” Social Science Quarterly, 78: 432-451.

 

States.J They are frequently perceived as technically astute and good at math, which are “positive” stereotypes but likely also to contribute to their underrepresentation in higher-level positions in organizations. Asians are also often stereotyped as passive, nonconfrontational, and lacking in communication and language skills—regardless of whether they are native English speakers. These common misperceptions work to prevent Asians from advancing in organizations and often confine them to positions in which little communication, leadership, and decision making are required. Such positions often have few advancement opportunities, creating a glass ceiling for Asians/5 For example, although Asians are overrepresented in technical fields, they are less likely than other minority group members to be in management in these fields.”6

 

I Asian American Entrepreneurs

An accurate perception of Asian Americans is that they are more likely to start their own businesses than other minority groups. Some researchers suggest that a higher level of entrepreneurship among Asians is in part due to their having encountered the glass ceiling. Others propose that limited skills and informal networks among some Asian immigrants make them more likely to start small businesses but that they suffer numerous and expensive social costs as a result of entrepreneurship. It is likely that both ideas have some merit and that the theories apply to different groups of Asians with different skills.37 Well-educated, more highly skilled Asian entrepreneurs may start their own businesses in response to discrimination or they may be professionals who originally intended to start professional businesses in the United States (e.g., consulting or technical, medical, or legal enterprises). Asian entrepreneurs with few language skills, low education, and few other opportunities may also start small businesses.

There are 1.1 million Asiamowned businesses in the United States, employing 2.2 million people and generating over $326 billion in revenues

 

 

34Minami, D. (1995). Untitled. In Perspectives on Affirmative Action. Los Angeles: Asian Pacific American Public Policy Institute, p. 11. Korn/Ferry International, New York. (1990). Executive Profile: A Decade of Change in Corporate Leadership, p. 23. See also Brief of Amici Curiae National Asian Pacific American Legal Consortium, Asian Law Caucus, Asian Pacific American Legal Center, et al., in Support of Respondents.

3;,Woo, D. (2000). Glass Ceiling and Asian Americans: New Face of Workface Barriers. Walnut Creek, CA: Alta Mira Press.

-^National Science Foundation, Division of Science Resource Statistics. (2004). Women, Minorities, and Persons with Disabilities in Science and Engineering, NSF 04-317 (Arlington, VA). http://www .nsf.gov/statistics/wmpd/pdf/nsf07315.pdf, accessed November 2, 2010.

3For a detailed discussion of theories about Asian entrepreneurship, see Le, C. N. (2010). “Asian Small Businesses.” Asian-Nation: The Landscape of Asian America, http://www.asian-nation.org/ small-business.shtml, accessed November 2, 2010.

 

I Multiracial Group Members

We now turn to the investigation of multiracial groups. We begin with an introduction to the population and its history and then discuss legislation relevant to it. We conclude with a focus on Amerasians, a distinct group of multiracial people with a unique history.

 

Introduction and History

As we have mentioned, the 2000 Census provided the first opportunity for people to state their membership in two or more racial categories, and nearly 7 million people did so. The opportunity to self-identify in this manner may have been new, but multirace people had long been a large portion of the population, regardless of how they self-identified or were identified by others. Previous chapters on African Americans, Latinos, Whites, and Asian Americans have considered some of the fluidity in how race and ethnicity have been recorded in the United States. Since the U.S. Census Bureau began collecting such data, different groups have been included or excluded from certain racial categories but the option of being included in more than one category at the same time did not exist until 2000. Indeed, miscegenation was formally illegal in the country until 1967, when the U.S. Supreme Court ruled that state laws prohibiting interracial marriages were unlawful. Despite these laws, the mixing of races was occurring long before the Supreme Court’s decision or the option to identify as multiracial in the U.S. Census. Most of the debate around miscegenation had focused on White and Black unions, and such unions are still less likely to occur than those between Whites and other groups.

In an article on legal trials involving racial determination, Ariela Gross described past cases in which people of mixed racial ancestry were attempting to prove or disprove, their race. In some cases, issues of inheritance (Blacks could not own property), freedom (Whites could not be held as slaves), or ability to serve as witnesses (Blacks could not be witnesses) were at stake. The presence of American Indians in the population when slavery was legal further confused attempts to determine who was Black when dark skin and wiry hair could be attributed to being Indian rather than being Black.49 Historical records indicate that some Indian tribes allowed slave ownership and some specifically forbade it.50 Many Blacks who escaped slavery found refuge among Indians who refused to return them to slavery. In some cases, the presence of Black

 

49Gross, A. J. (1998). “Litigating Whiteness: Trials of Racial Determination in the Nineteenth-Century South.” Yale Law Journal, 108(1): 109-188.

50Katz, W. L. (1997). Black Indians. New York: Aladdin Paperbacks.

 

Chapter 8: American Indians, Alaska Natives, and Multiracial Group Members 273

Indians on Indian reservations threatened their tax-exempt status and was viewed suspiciously and nervously by Whites.51

 

Blacks and Racial Determination

The one-drop rule was used throughout much of U.S. history to decide who was Black. That is, anyone with one known Black ancestor was usually deemed to be Black (rather than another race or multiracial) regardless of the number or proportion of non-Black ancestors. During certain periods, the labels mulatto, quadroon, and octoroon were used to refer to people who were, respectively, one-half, one-quarter, or one-eighth Black. Unless evidence of their Black ancestry was invisible and, importantly, they chose to let it remain so (e.g., passing), such people were deemed to be, and treated as, Black.

Children that White slave owners and their sons conceived with slaves were considered slaves rather than family members.52 Pulitzer nominee and sociologist Joe Feagin describes the rapes of Black women and molestation of Black children that contributed to the physical appearance of Blacks today.5” Feagin cites the story of the lineage of Patricia Williams, a Black law professor at Columbia University. Her great-, great-grandmother Sophie was purchased at age 11 by her great-, great-grandfather, 35-year-old Austin Miller, a lawyer. The next year, 12-year-old Sophie bore Miller’s daughter Mary—who was Patricia Williams’s great-grandmother. Mary became a house servant to Miller’s White children, who were her siblings.54 Evidence suggests that Thomas Jefferson, third president of the United States, and Sally Hemings, one of Jefferson’s slaves, had a lengthy “relationship.” Researchers note the difficulty Black females faced in resisting sexual advances or rape by slave owners or employers.55 Hemings, who was at least half-White herself and possibly the half-sister of Jefferson’s wife, conceived several children who lived as slaves at Monticello.”6 Jefferson freed three of those believed to be his children, and Hemings was freed by Jefferson’s White daughter

 

 

5‘Ibid.

12See Ball, E. (1998). Slaves in the family. New York: Farrar, Straus, and Giroux. 33Feagin, J. R. (2004). “Slavery Unwilling to Die: The Historical Development of Systemic Racism.” In J. F. Healey 8c E. O’Brien (Eds.), Race, Ethnicity, and Gender. Thousand Oaks, CA: Pine Forge Press, pp. 92-108.

54  Ibid., pp. 97-98.

55  See, for example, Feagin (2004). Women of color remain disproportionately represented among
targets of sexual harassment, discussed in Chapters 4, 5, and 6.

,(iSee Gordon-Reed, A. (1997). Thomas Jefferson and Sally Hemings: An American Controversy. Charlottesville, VA: University of Virginia Press; Jordan, D. P. (2000). “Statement on the TJMF Research Committee Report on Thomas Jefferson and Sally Hemings.” http://www.monticello.org/sites/ default/fiIes/inline-pdfs/jefferson-hemings_report.pdf, accessed March 19, 2011.

 

after his death. The descendants of Hemings and Jefferson are believed to have passed into the White population. More recently, one-time arch segregationist South Carolina Senator Strom Thurmond was reported to have fathered a child at age 22 with a 16-year-old who worked in his parents’ home.57 In late 2003, after Thurmond’s death, his family acknowledged Essie Mae Washington-Williams as Thurmond’s daughter.58 Washington-Williams lived life as a Black as do her children and grandchildren, despite their identifiable multiracial ancestry.

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In a case involving a man whose great-grandfather was Black, the U.S. Supreme Court agreed that “separate but equal” facilities for Whites and Blacks were not unconstitutional.59 The plaintiff in the case was Homer Plessy, and aside from his great-grandfather, Plessy’s other ancestors were all known to be White. In some states, Plessy would also have been White by law because of the preponderance of White ancestors. At seven-eighths White, Plessy looked White but lived as Black and volunteered to test the separate but equal law in Louisiana. Having been advised that Plessy would be entering and sitting in the “White” section of the train (otherwise, given his appearance, Plessy would have gone unnoticed), the conductor had him ejected, arrested, and fined. In what became a landmark case, the courts ruled that segregated, but ostensibly equal, facilities did not violate the Constitution. This Supreme Court ruling stood for five decades, with lasting negative consequences for Blacks and the country.

Regardless of their self- and other identification as being Black, estimates suggest that 70% of the Black population in the United States have some non-Black ancestors. The wide range of skin colors and hair textures attests to the diversity of racial and ethnic background among Blacks. Many well-known Black activists have acknowledged multiracial ancestry, including Marrin Luther King, Jr. (whose grandmother was Irish), Malcolm X, WEB DuBois, and Frederick Douglass. Other fairly well-known multiracial people include Halle Berry, Lynda Carter, Ann Curry, Cameron Diaz, Derek Jeter, Norah Jones, Alicia Keyes, Soledad O’Brien, Lou Diamond Phillips, Jimmy Smits, Tiger Woods, and Thandie Newton. President Barack Obama, former Illinois state senator and U.S. senator, who is of multiracial ancestry but self-identifies and is identified by others as Black, is featured in Individual Feature 8.2.

 

 

 

“Washington-Williams, E., & Stadiem, W. (2005). Dear Senator. New York: HarperCollins Publishers.

58Matringly, D. (2003, December 16). “Strom Thurmond’s Family Confirms Paternity Claim.” CNN Washington Bureau. http://www.cnn.com/2003/USyi2/15/thurmond..paternity/, accessed August 29, 2010. “Plessy v. Ferguson. 163 U.S. 537 (1896).

 

I Population

Many people celebrated having the option in the Census 2000 to self-identify as multiracial, rejecting the category of “other” as an inaccurate reflection of their heritage. Of the nearly 7 million people who reported belonging to two or more races at that time, 32% identified themselves as Hispanic as well, compared to 13% of the general population identifying as Hispanic alone. By 2010, 9 million people reported having a multiracial heritage.61 The great majority of multiracial people are of two races (93%), and 6% are of three races. The largest to smallest proportions of particular multiracial groups are Native Hawaiian and other Pacific Islanders (54%), American Indians or Alaska Natives (40%), Asians (14%), Blacks (5%), and Whites (2.5%).

Multiracial group members tend to be younger than single-race people. Forty-two percent of multiracials are under 18, compared with 25% of those reporting a single race. Recall from Chapter 6 that Hispanics are younger than non-Hispanics, and that they are more likely to be multiracial than the general population. Because they are younger than the general population, a greater proportion of multiracials will be entering and participating in the future labor force than the one-race population. One might expect multiracial people to have different attitudes toward diversity issues than single-race people. People who reported multiple races are most likely to live in California, where nearly 25% of them reside. California is the only state with more than 1 million people in the multiracial population. In all, 40% of multiracial people live in the West, 27% in the South, 18% in the Northeast, and 15% in the Midwest.62

As interracial relationships increase, the proportion of the population that is multiracial will also increase. The first time that more Americans reported approval of interracial marriage (48%) than disapproval (42%) was in 1991, twenty-four years after the Supreme Court overruled laws forbidding intermarriage. At that time Blacks, younger people, those with more education, and people living in the West viewed interracial marriage more favorably than Whites, older people, those with less education, and those living in the South, Midwest, and East. Seventy percent of Blacks approved of interracial marriage, and 44% of Whites did. For those under age 30, 64% approved, compared with 61% of those 50 and older who disapproved of such marriages. Seventy percent of college graduates approved of interracial marriage; 66% of those who did not finish high school disapproved. In the West, 60% of people

 

61 Jones, N. A., & Smith, A. S. (2001). “The Two or More Races Population: 2000.” U.S. Census Bureau, http://www.census.gov/prod/2001pvibs/c2kbr01-6.pdf, accessed August 16, 2010. See also http://2010.census.gov/2010census/data/index.php, accessed April 9, 2011. “Ibid.

 

Chapter 8: American Indians, Alaska Natives, and Multiracial Group Members 277

approved of interracial marriage, compared with only 33% in the South.6” In 2009, a Louisiana justice of the peace with twenty-five years tenure refused to marry an interracial couple, citing his concern for the interracial children they would produce.

 

1 Relevant Legislation

As it does for other racial and ethnic groups, Title VII prohibits discrimination against multiracial group members. Research evidence
against people of color, including Latinos, Blacks, Asians, Native Americans, and, more recently, Arabs.71 In their study of the relationships between officer characteristics and biased policing, Close and Mason found differences in the search behavior of White, Black, and Latino Florida Highway Patrol Officers over a two-year period involving nearly 1.3 million traffic stops. While Black and Latino residents were not more likely to be stopped, when they were stopped, they were more likely to be searched. White officers conducted proportionately more searches yet were less successful in finding evidence of criminal activity than Black and Latino officers, who conducted far fewer searches proportionately (Table 5.6). African American and Latino drivers were more likely to be searched, although they were no more likely to have contraband than Whites.72 The evidence suggests that patrol officers’ hit rates could be improved through less emphasis on the driver’s race and ethnicity as cues to criminal activity.

In addition to racial profiling, other forms of police misconduct have been documented, including dishonesty among police officers and informants, planting real and fake drugs and guns, and assaulting innocent people. Many of those victimized by police misconduct are Latino immigrants. In Los Angeles, Rafael Perez, a police officer facing trial for stealing six pounds of seized cocaine, agreed to a plea deal in exchange for a reduced sentence that would expose criminal activity among the Los Angeles police. Perez revealed how Los Angeles police “routinely lied in arrest reports, shot and killed or wounded unarmed suspects and innocent bystanders, planted guns on suspects after shooting them, fabricated evidence, and framed defendants,” the majority of whom were young Hispanic men.7 Due to the information provided by Perez, more than 100 defendants had their convictions vacated and dismissed.

 

 

n Amnesty International (2004).

72 Close, B. R., & Mason, P. L. (2007). “Searching for Efficient Enforcement: Officer Characteristics and Racially Biased Policing.” Review of Law & Economics, 3(2): 1-59.

3Gross, S. R., Jacoby, K., Matheson, D., Montgomery, N., & Patil, S. (2005). “Exonerations in the United States: 1989 through 2003.” The journal of Criminal Law and Criminology, 95: 524-560.

 

Chapter 5: Latinos/Hispanics 177

 

 

Rate

Another form of police misconduct was revealed when rumors of a “fake-drug scandal” began to surface in the city of Dallas, Texas.74 Paid “informants” targeted innocent Latinos, and then undercover officers Mark De La Paz and Eddie Herrera planted what appeared to be cocaine in the targets’ vehicles. What appeared to be cocaine was gypsum, commonly used in making sheetrock, and could easily have been identified had drug testing taken place. Because drug testing did not occur until the trials, those targeted were jailed for months and years or, as occurred in several cases, deported. Many of those arrested were auto mechanics, day laborers, and construction workers, with no prior criminal records, who spoke little English and had little money to mount a defense.75 Yvonne Gwyn, a 52-year-old grandmother from Honduras, who is a naturalized U.S. citizen and was running her own auto detail shop, was one of those arrested and jailed.76 When investigations revealed that the cocaine was gypsum, more than 80 innocent people were released. One informant in the Dallas case earned $210,000 in one year, making him the highest-paid informant that year.77 Former officer De La Paz was convicted of lying in a search warrant and sentenced to five years in prison.

Poor management procedures, lack of supervision, and considerable professional incentives to make drug busts set the stage for the abuses that occurred in both Los Angeles and Dallas. The vulnerability and devaluation of Latino immigrants also facilitated the abuse, which are reminiscent of the drug scandal in the small town of Tulia, Texas, that resulted in 15% of the Black population being arrested on drug charges, which were eventually dropped.78 These examples are relevant to the issue of diversity in organizations in that they reflect the role of organizations in facilitating unequal treatment of people based on their race, ethnicity, and class and to the need to pay attention when these kinds of behaviors are exhibited toward the diverse public. They also raise questions about the veracity and fairness of other arrests and convictions. As discussed in Research Summary 5.3, Latinos and Blacks in Florida are less likely to receive withheld adjudication, a legal benefit that would allow them to avoid the stigma of being convicted felons and the associated negative employment and social costs.

 

 

 

 

 

 

 

he

74See Gross et al. (2005); Donald, M. (2002). “Dirty or Duped? Who’s to Blame for the Fake-Drug Scandal Rocking Dallas Police? Virtually Everyone.” Dallasobserver.com, http://www.dallasobserver .com/2002-05-02/news/dirty-or-duped/ accessed September 19, 2005.

75  Donald (2002).

76  Ibid.

77  Ibid.

“Stecklein, J. (2009, July 19). “Tulia Drug Busts: 10 Years Later.” Amarillo Globe, http^/amarillo. com/stories/071909/new_newsl.shrml, accessed October 24, 2010.

 

Convicted Felon, or Not? Differences by Race and Ethnicity

 

Considerable criminology research documents the existence of disparities in arrests, convic­tions, and sentencing for Latinos and Blacks when compared with those of Whites allegedly involved in criminal activity, particularly drug activ­ity. Under certain circumstances, Florida law allows judges to use their discretion and withhold adjudication, which prevents those involved in criminal activity from being labeled a convicted felon. A felony conviction is associated with many negative consequences—even after serv­ing time and being released, such a conviction prevents people from obtaining employment, vot­ing, serving on juries, and holding political office.

Given the documented disparities in sentenc­ing by race and ethnicity, Stephanie Bontrager and her colleagues set out to investigate possible dis­parities in withholding adjudication based on race and ethnicity. During a three-year period, 91,477 men were sentenced to probation. Overall, 57% received withheld adjudication, with Hispanics, Whites, and Blacks, receiving it, respectively, in 62%, 58%, and 48% of cases. The perceived advantages of Hispanics in sentencing changed after researchers controlled for individual-level factors, contextual variables, and “concentrated disadvantage,” factors including such things as the person’s age, seriousness of case, legal residency, prior supervision violation, and serious­ness of crime; rates of drug arrests, crime rates, and overall arrest rates in the county; percentage of population that was Black and percentage that was Hispanic; and people living in poverty, people on welfare, and families headed by a single mother. After controlling for these factors, Blacks remained least likely to have adjudication withheld, followed by Hispanics and then Whites. Blacks and Hispanics involved in drug and violent crimes were least likely to receive deferred adjudication, consis­tent with perceptions of threat of drug or violent crimes associated with Blacks and Hispanics.

Because they are less likely to have adjudica­tion withheld, Hispanics and Blacks have less opportunity than Whites to retain certain civil rights, gain citizenship, or obtain employment. Avoiding the stigma of a felony conviction could—all other things being equal—diminish the prospects of recidivism and increase the prospects of a success­ful return to productive life. Since deferred adjudica­tion is at judges’ discretion, these results make a strong case for promoting diversity in the judiciary, as does evidence of differential decision making of male and female and White and minority judges.

Source: Bontrager, S., Bales, W., & Chiricos, T. (2005). “Race, Ethnicity, Threat, and the Labeling of Convicted Felons.” Criminology, 43: 589-622.

 

 

 

Chapter 5: Latinos/Hispanics 179

immigrants also received harsher sentences than native-born Mexican Americans. Although all Hispanic immigrants received harsher penalties than native-born Hispanics, the immigrant penalty was greatest for Mexican immigrants. Logue speculated that Mexican immigrants’ harsher penalties were related to widespread publicity about immigrants and fears of Mexican immigrants taking jobs and committing crimes. The public’s perceptions about the proportion of crimes committed by immigrants (and minorities) and their representation in the population are quite distorted and shape the public’s attitudes.80 Among Whites, the more inaccurate their beliefs about the size of the minority population, the more negative their attitudes toward immigrants, Blacks, and Hispanics, which emphasizes the need for education.81

 

 

I Latinos as Customers

 

 

The Marketing Advantage

As we have discussed so far, Latinos are a large and rapidly growing proportion of the U.S. population. As potential employees and customers, Latinos are a force to be reckoned with. Hispanic buying power increased from $504 billion in 2000 to $978 billion in 2009 and will grow to a projected $1.3 trillion in 2014.82 People en Espanol’s fourth annual Hispanic Opinion Tracker (HOT) reported important differences between the consumption behavior of Hispanics and that of the general population.83 In phone interviews with 6,000 Hispanics and 2,000 non-Hispanics aged 18 and over, 55% of the Hispanics were Hispanic dominant—those who prefer to speak Spanish and have a strong desire to maintain their Hispanic culture. Of the remaining 45%, 23% were bicultural and bilingual but were culturally more Hispanic. Another 22% identified with their Latino heritage but were more similar to the general population in consumer attitudes. In all, over three-fourths of the Hispanic population reported being bilingual, bicultural, and identifying with their Hispanic heritage. In the HOT survey, Hispanics reported spending an average of $1,992 on clothing and accessories compared to $1,153 for general customers in the twelve months prior to the collection of survey data. Hispanics were also more likely to report strong enthusiasm about

r n

 

 

s“AIba, R., Rumbaut, R. G., &C Marotz, K. (2005). “A Distorted Nation: Perceptions of Racial/Ethnic Group Sizes and Attitudes Toward Immigrants and Other Minorities.” Social Forces, 84(2): 901-919.

81 Ibid.

  • 82Marketing News (2005, July 15), 39(12): 23.

n                                                                                                                                           Wentz, L. (2005, July 18). “Survey: Hispanics ‘Passionate’ about Shopping.” Advertising Age,

76(29): 29.

 

Chapter 6: Asians/Asian Americans 201

4.2 percentage points. On the other hand, the representation of Whites in precision production, craft, and repair occupations exceeds that of Asians by 4.1 percentage points. Asians are slightly more likely than Whites to work in service occupations (14.4% compared to 11.6%).

 

 

I Asians as the “Model Minority”

Despite many researchers’ efforts to refute the stereotype of Asians as the “model minority,” the perception endures and is fairly widely held. Many people view the success of these Asians as due to hard work and determination, in contrast to Blacks, Latinos, and American Indians. One writer stated in a Newsweek magazine article that Asians were “outwhiting the whites,” exceeding Whites in education and income.27 This distorted picture often fuels animosity toward Asians from other minority groups and from Whites and ignores differences among Asians in education, income, and employment and understates the barriers and discrimination that Asians face. Many times, discrimination against Asians occurs concurrently with discrimination against other minorities, as shown in the following EEOC cases.

In February 2007, EEOC obtained a $5 million settlement resolving two consol­idated class action employment discrimination lawsuits against a global engine systems and parts company, asserting that the company engaged in illegal discrimination against African Americans, Hispanics, and Asians at its Rockford and Rockton, Illinois, facilities with respect to pay, promotions, and training. EEOC v. Woodward Governor Company, No. 06-cv-50178 (N.D. III. Feb. 2007)

In August 2006, a major national public works contractor paid $125,000 to settle race, gender, national origin, and religious discrimination and retaliation lawsuits brought by EEOC on behalf of a class of Black, Asian, and female electricians who were subjected to daily harassment due to their race, national origin, and/or gender by their immediate foremen, racial and otherwise offensive graffiti in plain sight at the workplace, and retaliation for complaining. EEOC v. Amelco, No. C 05-2492 ME J (N.D. Cal. Aug. 22, 2006)

In November 2004, the Commission settled for $50 million a lawsuit filed against Abercrombie & Fitch on behalf of a class of African Americans, Asian Americans, Latinos, and women allegedly subjected to discrimination in

 

 

“Success Story: Outwhiting the Whites.” (1971, June 21). Newsweek, pp. 24-25.

recruitment, hiring, assignment, promotion, and discharge based on race, color, national origin, and sex. Abercrombie & Fitch also agreed to improve hiring, recruitment, training, and promotions policies; revise marketing material; and select a Vice President of Diversity and diversity recruiters. EEOC v. Abercrombie & Fitch Stores, Inc., No. CV-04-4731 (N.D. Cal. Nov. 10, 2004)

 

Earnings disparities between Asians and Whites also call into doubt the idea that all Asians are successful and free from discrimination. Table 6.3 shows that comparisons between White and Asian men and women are complex. At the lower educational levels, Whites’ earnings exceed those of Asians. At the bachelor’s degree level, White men earn greater than $10,000 per year” more than Asian men, but Asian women earn nearly $4,000 more than White women. Except at the doctorate degree level, White men continue to earn more than Asian men, while White women with doctorate and professional degrees earn more than Asian women. Further, although Asians have higher earnings than Whites in some cases, many Asians live in high-cost areas (Honolulu, Los Angeles, New York, and San Francisco); 95% of all API live in metropolitan areas, compared to 78% of Whites.28 In addition, Asian family incomes are based on more workers than White family incomes. In metropolitan

 

 

2sReeves, T. J., & Bennett, C. E. (2003). “The Asian and Pacific Islander Population in the United States: March 2002.” Current Population Reports, P20-540. U.S. Census Bureau, Washington, D.C. http://www.census.gov/prod/2003pubs/p20-540.pdf, accessed December 19, 2010.

 

Chapter 6: Asians/Asian Americans 203

areas, API are eight times more likely to live in crowded household conditions than Whites.29

 

Misperception: Asians have higher incomes than Whites.

  1. click here for more information on this paper

Reality: Asians tend to live in high-cost areas and have more family members contributing to family income, making their earnings appear higher than they actually are.

 

Yen Espiritu has said the idea of Asians being model minorities is one that tells “only half-truths, masking the plight of disadvantaged subgroups and glossing over the problems of underemployment, misemployment, and unemployment” that Asians face.’0 Many others echo Espiritu’s sentiments about the inaccuracies and questionable motivations behind calling Asians “model minorities”referring to these inaccuracies as the model minority myth.31 The unspoken message is that because Asians are hardworking, successful, and free from discrimination, other minority groups should do as Asians do. As discussed in Focal Issue 6.1, Asians at times do face overt racist behavior and recognize and resist being portrayed as a “voiceless model minority.”

One important factor in determining how well people have avoided discrimination and how successful they are is to measure the return on their investments in education. As discussed earlier, Asian Americans are, overall, the most highly educated group in the United States, so one might expect their earnings to exceed those of every other racial and ethnic group, but this is not always the case, as Table 6.3 shows. Unemployment and type of occupation are other indicators of a group’s success. As Table 6.4 shows, White unemployment at all levels is the lowest and Black unemployment is generally the highest. Asian unemployment is more similar to that of Blacks and Latinos than to that of Whites. Well-educated Asian Americans are likely to be employed; those with less education, particularly

 

 

29Ro, M. (2000). “Overview of Asians and Pacific Islanders in the United States and California.” http://www.comniunityvoices.org/Uploads/om3gfk55hhzyvrn00n4nerbf_20020828090003.pdf, accessed December 19, 2010.

,0Espiritu, Y. L. (1999). “The Refugees and the Refuge: Southeast Asians in the United States.” In A. G. Dworkin & R. J. Dworkin (Eds.), The Minority Report, 3rd ed. Fort Worth, TX: Harcourt Brace Publishers, pp. 343-363.

“For discussions of the model minority myth, see Cheng, C. (1997). “Are Asian American Employees a Model Minority or Just a Minority?” Journal of Applied Behavioral Science, 33: 277-290. Le, C. N. (2010). “The Model Minority Image.” Asian-Nation: The Landscape of Asian America. http://www .asian-nation.org/model-minority.shtml, accessed November 2, 2010; Takaki (2008); Gold & Kibria (1993); Hurh, W. M., & Kim, K. C. (1989). “The Success Image of Asian Americans—Its Validity, and Its Practical and Theoretical Implications.” Ethnic and Racial Studies, 12(4): 512-538.

immigrants, often work for low wages or are unemployed, in poverty, and often recipients of public assistance.33 When employed, many immigrant women work in the garment industries; men often work in restaurants, frequently at substandard wages under poor working conditions and with excessive hours. Asian immigrants without education and language skills may be locked into these dead-end positions.

Underemployment affects educated Asian Americans as it does other minority groups. Despite often having higher education than Whites, Asians are underrepresented in senior management and executive ranks. Asians hold less than 0.5% of senior management positions in the United

 

 

 

”Borjas, G. J., & Trejo, S. J. (1991). “Immigrant Participation in the Welfare System.” Industrial and Labor Relations Review, 44(2): 195-211; Jensen, L. (1988). “Patterns of Immigration in Public Assistance Utilization, 1970-1980.” International Migration Review, 22(1): 51-83. See also Bean, F. D., Van Hook, J. V. W., 8c Glick, J. E. (1997). “Country of Origin, Type of Public Assistance, and Patterns of Welfare Recipiency Among U.S. Immigrants and Natives.” Social Science Quarterly, 78: 432-451.

 

States.J They are frequently perceived as technically astute and good at math, which are “positive” stereotypes but likely also to contribute to their underrepresentation in higher-level positions in organizations. Asians are also often stereotyped as passive, nonconfrontational, and lacking in communication and language skills—regardless of whether they are native English speakers. These common misperceptions work to prevent Asians from advancing in organizations and often confine them to positions in which little communication, leadership, and decision making are required. Such positions often have few advancement opportunities, creating a glass ceiling for Asians/5 For example, although Asians are overrepresented in technical fields, they are less likely than other minority group members to be in management in these fields.”6

 

I Asian American Entrepreneurs

An accurate perception of Asian Americans is that they are more likely to start their own businesses than other minority groups. Some researchers suggest that a higher level of entrepreneurship among Asians is in part due to their having encountered the glass ceiling. Others propose that limited skills and informal networks among some Asian immigrants make them more likely to start small businesses but that they suffer numerous and expensive social costs as a result of entrepreneurship. It is likely that both ideas have some merit and that the theories apply to different groups of Asians with different skills.37 Well-educated, more highly skilled Asian entrepreneurs may start their own businesses in response to discrimination or they may be professionals who originally intended to start professional businesses in the United States (e.g., consulting or technical, medical, or legal enterprises). Asian entrepreneurs with few language skills, low education, and few other opportunities may also start small businesses.

There are 1.1 million Asiamowned businesses in the United States, employing 2.2 million people and generating over $326 billion in revenues

 

 

34Minami, D. (1995). Untitled. In Perspectives on Affirmative Action. Los Angeles: Asian Pacific American Public Policy Institute, p. 11. Korn/Ferry International, New York. (1990). Executive Profile: A Decade of Change in Corporate Leadership, p. 23. See also Brief of Amici Curiae National Asian Pacific American Legal Consortium, Asian Law Caucus, Asian Pacific American Legal Center, et al., in Support of Respondents.

3;,Woo, D. (2000). Glass Ceiling and Asian Americans: New Face of Workface Barriers. Walnut Creek, CA: Alta Mira Press.

-^National Science Foundation, Division of Science Resource Statistics. (2004). Women, Minorities, and Persons with Disabilities in Science and Engineering, NSF 04-317 (Arlington, VA). http://www .nsf.gov/statistics/wmpd/pdf/nsf07315.pdf, accessed November 2, 2010.

3For a detailed discussion of theories about Asian entrepreneurship, see Le, C. N. (2010). “Asian Small Businesses.” Asian-Nation: The Landscape of Asian America, http://www.asian-nation.org/ small-business.shtml, accessed November 2, 2010.

 

I Multiracial Group Members

We now turn to the investigation of multiracial groups. We begin with an introduction to the population and its history and then discuss legislation relevant to it. We conclude with a focus on Amerasians, a distinct group of multiracial people with a unique history.

 

Introduction and History

As we have mentioned, the 2000 Census provided the first opportunity for people to state their membership in two or more racial categories, and nearly 7 million people did so. The opportunity to self-identify in this manner may have been new, but multirace people had long been a large portion of the population, regardless of how they self-identified or were identified by others. Previous chapters on African Americans, Latinos, Whites, and Asian Americans have considered some of the fluidity in how race and ethnicity have been recorded in the United States. Since the U.S. Census Bureau began collecting such data, different groups have been included or excluded from certain racial categories but the option of being included in more than one category at the same time did not exist until 2000. Indeed, miscegenation was formally illegal in the country until 1967, when the U.S. Supreme Court ruled that state laws prohibiting interracial marriages were unlawful. Despite these laws, the mixing of races was occurring long before the Supreme Court’s decision or the option to identify as multiracial in the U.S. Census. Most of the debate around miscegenation had focused on White and Black unions, and such unions are still less likely to occur than those between Whites and other groups.

In an article on legal trials involving racial determination, Ariela Gross described past cases in which people of mixed racial ancestry were attempting to prove or disprove, their race. In some cases, issues of inheritance (Blacks could not own property), freedom (Whites could not be held as slaves), or ability to serve as witnesses (Blacks could not be witnesses) were at stake. The presence of American Indians in the population when slavery was legal further confused attempts to determine who was Black when dark skin and wiry hair could be attributed to being Indian rather than being Black.49 Historical records indicate that some Indian tribes allowed slave ownership and some specifically forbade it.50 Many Blacks who escaped slavery found refuge among Indians who refused to return them to slavery. In some cases, the presence of Black

 

49Gross, A. J. (1998). “Litigating Whiteness: Trials of Racial Determination in the Nineteenth-Century South.” Yale Law Journal, 108(1): 109-188.

50Katz, W. L. (1997). Black Indians. New York: Aladdin Paperbacks.

 

Chapter 8: American Indians, Alaska Natives, and Multiracial Group Members 273

Indians on Indian reservations threatened their tax-exempt status and was viewed suspiciously and nervously by Whites.51

 

Blacks and Racial Determination

The one-drop rule was used throughout much of U.S. history to decide who was Black. That is, anyone with one known Black ancestor was usually deemed to be Black (rather than another race or multiracial) regardless of the number or proportion of non-Black ancestors. During certain periods, the labels mulatto, quadroon, and octoroon were used to refer to people who were, respectively, one-half, one-quarter, or one-eighth Black. Unless evidence of their Black ancestry was invisible and, importantly, they chose to let it remain so (e.g., passing), such people were deemed to be, and treated as, Black.

Children that White slave owners and their sons conceived with slaves were considered slaves rather than family members.52 Pulitzer nominee and sociologist Joe Feagin describes the rapes of Black women and molestation of Black children that contributed to the physical appearance of Blacks today.5” Feagin cites the story of the lineage of Patricia Williams, a Black law professor at Columbia University. Her great-, great-grandmother Sophie was purchased at age 11 by her great-, great-grandfather, 35-year-old Austin Miller, a lawyer. The next year, 12-year-old Sophie bore Miller’s daughter Mary—who was Patricia Williams’s great-grandmother. Mary became a house servant to Miller’s White children, who were her siblings.54 Evidence suggests that Thomas Jefferson, third president of the United States, and Sally Hemings, one of Jefferson’s slaves, had a lengthy “relationship.” Researchers note the difficulty Black females faced in resisting sexual advances or rape by slave owners or employers.55 Hemings, who was at least half-White herself and possibly the half-sister of Jefferson’s wife, conceived several children who lived as slaves at Monticello.”6 Jefferson freed three of those believed to be his children, and Hemings was freed by Jefferson’s White daughter

 

 

5‘Ibid.

12See Ball, E. (1998). Slaves in the family. New York: Farrar, Straus, and Giroux. 33Feagin, J. R. (2004). “Slavery Unwilling to Die: The Historical Development of Systemic Racism.” In J. F. Healey 8c E. O’Brien (Eds.), Race, Ethnicity, and Gender. Thousand Oaks, CA: Pine Forge Press, pp. 92-108.

54  Ibid., pp. 97-98.

55  See, for example, Feagin (2004). Women of color remain disproportionately represented among
targets of sexual harassment, discussed in Chapters 4, 5, and 6.

,(iSee Gordon-Reed, A. (1997). Thomas Jefferson and Sally Hemings: An American Controversy. Charlottesville, VA: University of Virginia Press; Jordan, D. P. (2000). “Statement on the TJMF Research Committee Report on Thomas Jefferson and Sally Hemings.” http://www.monticello.org/sites/ default/fiIes/inline-pdfs/jefferson-hemings_report.pdf, accessed March 19, 2011.

 

after his death. The descendants of Hemings and Jefferson are believed to have passed into the White population. More recently, one-time arch segregationist South Carolina Senator Strom Thurmond was reported to have fathered a child at age 22 with a 16-year-old who worked in his parents’ home.57 In late 2003, after Thurmond’s death, his family acknowledged Essie Mae Washington-Williams as Thurmond’s daughter.58 Washington-Williams lived life as a Black as do her children and grandchildren, despite their identifiable multiracial ancestry.

In a case involving a man whose great-grandfather was Black, the U.S. Supreme Court agreed that “separate but equal” facilities for Whites and Blacks were not unconstitutional.59 The plaintiff in the case was Homer Plessy, and aside from his great-grandfather, Plessy’s other ancestors were all known to be White. In some states, Plessy would also have been White by law because of the preponderance of White ancestors. At seven-eighths White, Plessy looked White but lived as Black and volunteered to test the separate but equal law in Louisiana. Having been advised that Plessy would be entering and sitting in the “White” section of the train (otherwise, given his appearance, Plessy would have gone unnoticed), the conductor had him ejected, arrested, and fined. In what became a landmark case, the courts ruled that segregated, but ostensibly equal, facilities did not violate the Constitution. This Supreme Court ruling stood for five decades, with lasting negative consequences for Blacks and the country.

Regardless of their self- and other identification as being Black, estimates suggest that 70% of the Black population in the United States have some non-Black ancestors. The wide range of skin colors and hair textures attests to the diversity of racial and ethnic background among Blacks. Many well-known Black activists have acknowledged multiracial ancestry, including Marrin Luther King, Jr. (whose grandmother was Irish), Malcolm X, WEB DuBois, and Frederick Douglass. Other fairly well-known multiracial people include Halle Berry, Lynda Carter, Ann Curry, Cameron Diaz, Derek Jeter, Norah Jones, Alicia Keyes, Soledad O’Brien, Lou Diamond Phillips, Jimmy Smits, Tiger Woods, and Thandie Newton. President Barack Obama, former Illinois state senator and U.S. senator, who is of multiracial ancestry but self-identifies and is identified by others as Black, is featured in Individual Feature 8.2.

 

 

 

“Washington-Williams, E., & Stadiem, W. (2005). Dear Senator. New York: HarperCollins Publishers.

58Matringly, D. (2003, December 16). “Strom Thurmond’s Family Confirms Paternity Claim.” CNN Washington Bureau. http://www.cnn.com/2003/USyi2/15/thurmond..paternity/, accessed August 29, 2010. “Plessy v. Ferguson. 163 U.S. 537 (1896).

 

I Population

Many people celebrated having the option in the Census 2000 to self-identify as multiracial, rejecting the category of “other” as an inaccurate reflection of their heritage. Of the nearly 7 million people who reported belonging to two or more races at that time, 32% identified themselves as Hispanic as well, compared to 13% of the general population identifying as Hispanic alone. By 2010, 9 million people reported having a multiracial heritage.61 The great majority of multiracial people are of two races (93%), and 6% are of three races. The largest to smallest proportions of particular multiracial groups are Native Hawaiian and other Pacific Islanders (54%), American Indians or Alaska Natives (40%), Asians (14%), Blacks (5%), and Whites (2.5%).

Multiracial group members tend to be younger than single-race people. Forty-two percent of multiracials are under 18, compared with 25% of those reporting a single race. Recall from Chapter 6 that Hispanics are younger than non-Hispanics, and that they are more likely to be multiracial than the general population. Because they are younger than the general population, a greater proportion of multiracials will be entering and participating in the future labor force than the one-race population. One might expect multiracial people to have different attitudes toward diversity issues than single-race people. People who reported multiple races are most likely to live in California, where nearly 25% of them reside. California is the only state with more than 1 million people in the multiracial population. In all, 40% of multiracial people live in the West, 27% in the South, 18% in the Northeast, and 15% in the Midwest.62

As interracial relationships increase, the proportion of the population that is multiracial will also increase. The first time that more Americans reported approval of interracial marriage (48%) than disapproval (42%) was in 1991, twenty-four years after the Supreme Court overruled laws forbidding intermarriage. At that time Blacks, younger people, those with more education, and people living in the West viewed interracial marriage more favorably than Whites, older people, those with less education, and those living in the South, Midwest, and East. Seventy percent of Blacks approved of interracial marriage, and 44% of Whites did. For those under age 30, 64% approved, compared with 61% of those 50 and older who disapproved of such marriages. Seventy percent of college graduates approved of interracial marriage; 66% of those who did not finish high school disapproved. In the West, 60% of people

 

61 Jones, N. A., & Smith, A. S. (2001). “The Two or More Races Population: 2000.” U.S. Census Bureau, http://www.census.gov/prod/2001pvibs/c2kbr01-6.pdf, accessed August 16, 2010. See also http://2010.census.gov/2010census/data/index.php, accessed April 9, 2011. “Ibid.

 

Chapter 8: American Indians, Alaska Natives, and Multiracial Group Members 277

approved of interracial marriage, compared with only 33% in the South.6” In 2009, a Louisiana justice of the peace with twenty-five years tenure refused to marry an interracial couple, citing his concern for the interracial children they would produce.

 

1 Relevant Legislation

As it does for other racial and ethnic groups, Title VII prohibits discrimination against multiracial group members. Research evidence indicates that multiracial people sometimes receive negative treatment from members of various racial groups because of their multiracialism.65 They may also experience negative organizational outcomes because one of their racial memberships is not visible.66 Given the importance of identifiability to categorization, stereotyping, and differential treatment, unclear racial identification and inability to categorize multiracial group members may pose unique issues for them.

 

I Amerasians

Amerasians are a distinctive group of multiracial people. Although the term Amerasian formally includes children born of American servicemen and Asian women (e.g., Vietnamese, Japanese, Korean), it is most commonly used to refer to children born of American servicemen and Vietnamese women during the Vietnam War. During that war, tens of thousands of Amerasian children were fathered by American servicemen, of various racial and ethnic backgrounds. Because of the stigma associated with being fatherless or being fathered by an American (whose country was at war with Vietnam), Vietnamese Amerasians often experienced extreme discrimination, teasing, assault by other children, and societal persecution. Referred to as “children of the dust,” many were not educated and lived in extreme poverty in Vietnam.

 

 

6‘Gallup, G., Jr., & Newport, F. (1991, August). “For First Time, More Americans Approve of Interracial Marriage than Disapprove.” The Gallup Poll Monthly, pp. 60-63. MDeslatte, M. (2009). “Keith Bardwell Quits: Justice of the Peace Who Refused to Give Intetracial Couple Marriage License Resigns.” http://www.huffingtonpost.com/2009/ll/03/keith-bardwell-quits-just_n_344427.html, accessed March 19, 2011. “Governor Calls for Firing of Justice in Interracial Marriage Case,” http://articles.cnn.com/2009-10-16/us/louisiana.interracial.marriage_l_interracial-marriages-keith-bardwell-marriage-license?_s=PM:US, accessed March 19, 2011.

1,5 See Rockqueore, K. A., & Brunsma, D. L. (2002). Beyond Black. Thousand Oaks, CA: Sage Publications. 66See Clair, J., Beatty, J., & MacLean, T. L. (2005). “Out of Sight but Not Out of Mind: Managing Invisible Social Identities in the Workplace.” Academy of Management Review, 30: 78-95; Ragins, B. R. (2008). “Disclosure Disconnects: Antecedents and Consequences of Disclosing Invisible Stigmas Across Life Domains.” Academy of Management Review, 33: 194-215.

that multiracial people sometimes receive negative treatment from members of various racial groups because of their multiracialism.65 They may also experience negative organizational outcomes because one of their racial memberships is not visible.66 Given the importance of identifiability to categorization, stereotyping, and differential treatment, unclear racial identification and inability to categorize multiracial group members may pose unique issues for them.

 

I Amerasians

Amerasians are a distinctive group of multiracial people. Although the term Amerasian formally includes children born of American servicemen and Asian women (e.g., Vietnamese, Japanese, Korean), it is most commonly used to refer to children born of American servicemen and Vietnamese women during the Vietnam War. During that war, tens of thousands of Amerasian children were fathered by American servicemen, of various racial and ethnic backgrounds. Because of the stigma associated with being fatherless or being fathered by an American (whose country was at war with Vietnam), Vietnamese Amerasians often experienced extreme discrimination, teasing, assault by other children, and societal persecution. Referred to as “children of the dust,” many were not educated and lived in extreme poverty in Vietnam.

 

 

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6‘Gallup, G., Jr., & Newport, F. (1991, August). “For First Time, More Americans Approve of Interracial Marriage than Disapprove.” The Gallup Poll Monthly, pp. 60-63. MDeslatte, M. (2009). “Keith Bardwell Quits: Justice of the Peace Who Refused to Give Intetracial Couple Marriage License Resigns.” http://www.huffingtonpost.com/2009/ll/03/keith-bardwell-quits-just_n_344427.html, accessed March 19, 2011. “Governor Calls for Firing of Justice in Interracial Marriage Case,” http://articles.cnn.com/2009-10-16/us/louisiana.interracial.marriage_l_interracial-marriages-keith-bardwell-marriage-license?_s=PM:US, accessed March 19, 2011.

1,5 See Rockqueore, K. A., & Brunsma, D. L. (2002). Beyond Black. Thousand Oaks, CA: Sage Publications. 66See Clair, J., Beatty, J., & MacLean, T. L. (2005). “Out of Sight but Not Out of Mind: Managing Invisible Social Identities in the Workplace.” Academy of Management Review, 30: 78-95; Ragins, B. R. (2008). “Disclosure Disconnects: Antecedents and Consequences of Disclosing Invisible Stigmas Across Life Domains.” Academy of Management Review, 33: 194-215.

 

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