[net.women] AA and guilt

regard@ttidcc.UUCP (Adrienne Regard) (06/12/85)

>The point is that AA is a violation of the premise
>"innocent until proven guilty" and that it presumes
>I'm guilty.  (As does Mike Ellis, and someone else who
>calls me a Bozo, and so on.)
>(ihnp4/allegra)!alice!jj

jj,

guilty of what?  AA isn't on trial, and neither are you.  If an employer
ignores the guidelines determined by the govt., they may be found guilty,
but guilty of ignoring the guidelines, period.  "innocent until proven
guilty" is a legal concept.

Now the guidelines were put in place because people WERE guilty of
discrimination, but unless you are an employer who refuses to attempt
to implement the guidelines, you aren't guilty of anything.  We don't
try bigots for bigotry, we try them for something else.  Motives aren't
on trial. Actions (or the lack thereof) are.

rafferty@cmu-cs-edu1.ARPA (06/13/85)

>> The point is that AA is a violation of the premise
>> "innocent until proven guilty" and that it presumes
>> I'm guilty.
>> (ihnp4/allegra)!alice!jj
> 
> guilty of what?  AA isn't on trial, and neither are you.  If an employer
> ignores the guidelines determined by the govt., they may be found guilty,
> but guilty of ignoring the guidelines, period.  "innocent until proven
> guilty" is a legal concept.
> 
> Now the guidelines were put in place because people WERE guilty of
> discrimination, but unless you are an employer who refuses to attempt
> to implement the guidelines, you aren't guilty of anything.  We don't
> try bigots for bigotry, we try them for something else.  Motives aren't
> on trial. Actions (or the lack thereof) are.
>
> [regard@ttidcc.UUCP (Adrienne Regard)]

But we aren't talking about why people are getting arrested for this.  What
we're talking about is why these guidelines are around in the first place.
These guidelines are meant to be a "fair" way of stopping discrimination,
but are they really?  That is the question.  Are we right in saying that an
employer must discriminate against one group so that he doesn't discriminate
against another?  Are these guidelines fair and valid?  Do they promote more
good than harm?

My answer to all the above: no.  But Adrienne, you don't seem to want to
talk about the validity of the law, just the existence and the unavoid-
ability of it.

----
            Colin Rafferty { Math Department, Carnegie-Mellon University }

"According to convention there is a sweet and a bitter, a hot and a cold,
and according to convention, there is an order.  In truth, there are atoms
and a void."
                -Democritus(400 B.C.)

ark@alice.UUCP (Andrew Koenig) (06/19/85)

> guilty of what?  AA isn't on trial, and neither are you.  If an employer
> ignores the guidelines determined by the govt., they may be found guilty,
> but guilty of ignoring the guidelines, period.  "innocent until proven
> guilty" is a legal concept.

> Now the guidelines were put in place because people WERE guilty of
> discrimination, but unless you are an employer who refuses to attempt
> to implement the guidelines, you aren't guilty of anything.  We don't
> try bigots for bigotry, we try them for something else.  Motives aren't
> on trial. Actions (or the lack thereof) are.

I worked at Columbia University in the early Seventies.  They had an
exchange with the (then) department of Health, Education, and Welfare
that went somewhat like this:

HEW: We have decided that you might be practicing illegal discrimination
in your hiring and promotion practices.  Therefore, we insist you prove
to us that you are not doing so.  Otherwise we will revoke the tax-exempt
status of the university and you will be forced to shut down.

CU: Can you tell us what you think we are doing wrong?

HEW: We have no evidence that you're doing anything wrong; we just want
you to prove that you're not.

CU: In order to do that, we would have to go back and look at everyone's
records, so that we could compile statistics breaking down hirings,
firings, promotions, and salaries by sex and race.

HEW: That's right.  And if those statistics show you're absolutely
clean, we'll leave you alone until next year.

CU: But in order to do that, we have to put the sex and race of all
our employees into their personnel files.

HEW: That's right.

CU: But up to now, it has been illegal to do that!  You are asking us
to give you statistics based on information that it was ILLEGAL to
gather at the time!  Sure, we can go around and ask each of our tens
of thousands of employees about their racial background.  But what about
the ones who have left?  And how can you demand that we come up with
illegal information?

HEW: That is your problem, not ours.