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This is not a textual record. This is used as an
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George H.W. Bush Presidential Records
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Speechwriting, White House Office of
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Speech File Draft Files
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OA/ID Number:
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Folder ID Number:
13531-008
Folder Title:
Meeting with National Commission on Civil Rights 5/17/90 [OA 5374] [2]
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26
16
3
2
THE WHITE HOUSE
WASHINGTON
15 p4: 127
May 15, 1990
MEMORANDUM FOR CHRISS WINSTON
FROM:
JIM PINKERTON KERTON
SUBJECT:
National Commission On Civil Rights Draft
This is a tremendous draft which will take new ground in
the public debate. The four principles and the
explanation of opposition to Kennedy-Hawkins will get the
attention, but these would not be nearly as effective had
not the draft presented them in context with other
powerful themes, e.g., America as a model to the world;
the importance of individual choice; individual
empowerment, etc.
pg. 1, para. 3, line 1 "Around the world, people wary
of state control, economies weary of bureacratic central
planning, all are looking to America as reason for
hope
The America as model theme is particularly powerful and
is played out adroitly over the next two pages. Making
the implicit connection between the New Breeze and the
barriers to progress for minorities is a profound point
because it points to the similarities in both the problem
-- centralized, bureaucratic methods -- and the solutions:
decentralization, choice, empowerment, market forces, and
"output" oriented policies. This is a New Paradigm
thought that is a good opener.
6,4,2 "And that means new ideas, like school vouchers to
give poor parents the power of an alternative, and choice
in where to send their kids -- so that all can have access
to the best."
The Administration does not favor vouchers at this time,
but it does, of course, favor greater choice in education.
Also, mention of Polly Williams is fair game. Thus, we
suggest rephrasing the sentence to read:
2-2-2
"And that means new ideas, symbolized in people like
Polly Williams, a former welfare mother from Milwaukee,
who led a grass-roots, inner city movement to demand a
choice in where their children could attend school. So
when I say new ideas it means ideas like greater choice in
education for parents."
We also suggest the mention of the President's Crime
Bill and the catchphrase "take back the streets," as
elements of increasing opportunity by increasing
individual and community security.
7,2,3 "Because as labor markets tighten, people of every
walk of life, of every kind, all will be in growing demand
in this new decade. All will be needed."
This seems an appropriate place for the President to
take credit for his establishment of the Minority Business
Development Commission under Josh Smith. E.g.,
"Partly for that reason, I established at the very
beginning of this Administration, the President's Minority
Business Development Commission under the leadership of a
tremendously able and successful black entrepreneur, Josh
Smith."
###
3842
Document No. 140 899
WHITE HOUSE STAFFING MEMORANDUM
05/14/90
4:00 p.m. Tuesday 05/15
DATE:
ACTION/CONCURRENCE/COMMENT DUE BY:
SUBJECT: PRESIDENTIAL REMARKS: NATIONAL COMMISSION ON CIVIL RIGHTS
(05/14 5:00 p.m. draft)
ACTION FYI
ACTION FYI
VICE PRESIDENT
MCCLURE
SUNUNU
NEWMAN
SCOWCROFT
PORTER
DARMAN
ROGICH
BATES
UNTERMEYER
CARD
ROGERS
CICCONI
PINKERTON
DEMAREST
WINSTON
FITZWATER
GRAY
HAGIN
90 MAY 15
REMARKS:
P
Please provide any comments/recommendations directly to Chriss
Winston by 4:00 p.m. on Tuesday, 05/15, with a copy to my office.
Thanks.
22
RESPONSE:
May 15, 1990
TO: CHRISS WINSTON
NSC concurs, with changes.
B
Brent Scowcroft
CC: James W. Cicconi
James W. Cicconi
Assistant to the President
and Deputy to the Chief of Staff
Ext. 2702
(Lange/Cawley)
May 14, 1990
5:00 P.M.
1990 MAY 14 FM 5: 48
[AFFIRM.DOC]
PRESIDENTIAL REMARKS: NATIONAL COMMISSION ON CIVIL RIGHTS
[ 450 OEOB ]
THURSDAY, MAY 17, 1990
[TIME]
Thank you all. Arthur Fletcher, Mary Frances Berry, Esther
Gonzalez-Arroyo Buckley, Blandina Cardenas Ramirez, Russell
Redenbauch; Dick Thornburg, Secretary Cavazos; Regional directors
and State Advisory Committee Members
...
It's an honor to have you here today. We meet on an
auspicious day -- the anniversary of the landmark Brown V. Board
of Education decision. And we meet at a very hopeful moment
worldwide. A time when the thundering cry for freedom is being
heard and answered from Panama. to Johannesburg to Warsaw.
peoples warring against tyrrany, citizens
Make
Around the world, (people wary of state control, economies
stranger
weary of bureaucratic central planning, all are looking to
America as reason for hope -- the bright star to follow as they
chart their course to freedom.
So it's all the more crucial now, that we look carefully to
the kind of country we are -- to the state of democracy here in
Democracy
the land of (its-birth. liberty Whatever the nations of the world decide
wasn't
"barn
in
about their futures, We are called upon to ensure that this
USA"
democracy means opportunity, for all who call it home. 11
No one in America -- no one -- has worked harder to deliver
the promise of democracy, to make an enduring dream a living
reality, than the men and women in this room today.
From its earliest origins, the Commission on Civil Rights
2
has been an independent, bipartisan voice for justice. The
Commissioners, Directors, and volunteers who serve on Advisory
Committees, all share an intellectual caliber, a moral
conviction, and a cultural diversity that are truly America's
best. These men and women have earned our admiration. Today,
they deserve our thanks.
Over the last few days I've met with leaders representing
America's rich tapestry of cultural, religious, and ethnic
diversity. I got, as I knew I would, a great deal of sound
advice -- and as I imagined I would, just a little constructive
criticism. But these leaders, this Commission, and this
Administration, all share a common conviction for equal
opportunity. It's a responsibility I have always taken very
seriously -- and it's especially serious now, when our most vital
export to the world is democracy.
We must make sure that we as a nation lead by example. We
must see that affirmative action is not reduced to a slogan --
and that the principle of equal opportunity has real, living
meaning, for all Americans.
To the Civil Rights leadership assembled here today: I have
offered you my hand, and my word, that together we will make
America "open and equal to all." Today, I want to explore in
greater depth our commitment to equal opportunity.
To begin with, this administration is committed to action
that is truly affirmative -- positive action, in every sense --
to strike down all barriers to advancement, of every kind, for
3
all people. We will tolerate no barriers, no bias, no inside
tracks, no two-tiered systems, no glass ceilings, and no rungless
ladders.
Now, let me tell you what we're against.
We're against any action or lack of action that would
perpetuate or exacerbate injustice. And I know the leadership in
the Congress shares this conviction.
This nation's progress against prejudice -- from the 1964
Civil Rights Act, to the Voting Rights Act, to the Fair Housing
Act, to the Age Discrimination in Employment Act -- it has all
hinged on the principle that no one in this country should be
excluded from opportunity.
That's why I remain firmly committed to the enactment this
year of landmark legislation to extend protections to those
Americans with disabilities. And we're committed to new
measures, like the Hate Crimes Statistics Act, fair housing
initiatives, and revitalized enforcement of restrictions against
employment bias.
Many of this Administration's proposals, in fact, share
common goals with the legislation being offered by Senator
Kennedy and Representative Hawkins -- goals of equal opportunity
and equal protection under the law. So we've supported efforts
to ensure an individual's ability to challenge discriminatory
seniority systems. We've also moved to stiffen the penalties for
racial discrimination in setting or applying the terms and
conditions of employment.
Today, as we work to ensure that America represents
4
democracy's highest expression, I want to offer four principles
that ought to guide any amendments to our civil rights laws.
These principles are firmly rooted in the spirit of our
current laws -- and after the extensive discussions we've had
this week, I think they're principles on which we all of us --
including the leadership on the Hill -- can agree. So I will
enthusiastically support legislation that meets these principles.
First, civil rights legislation must operate to obliterate
consideration of race, color, religion, sex, nation of origin,
age, or disability from employment decisions. As you know, Title
VII encourages hiring on the basis of ability and qualifications,
not race or religion.
Some provisions of the Kennedy-Hawkins bill, with the best
of intentions, still have an unintended consequence: they
encourage employers to make decisions on the basis of these
irrelevant characteristics. In spite of recent amendments, the
bill encourages employers to base hiring decisions on the very
considerations our civil rights laws direct them to ignore.
So we seek civil rights legislation that is more effective,
not less. Because the focus of employers in this country must be
on providing equal opportunity for all workers -- not on
developing strategies for avoiding litigation -- strategies that
are likely to result in quota schemes violating the most basic
principles of our civil rights tradition, and the promise of
democracy.
The surest, most insidious symptom of the perpetuation of
5
injustice was well understood by Martin Luther King in 1962. He
knew then, as Americans of all walks of life know today, that
quotas are wrong. He wrote, in fact, that "tokenism can now be
seen not only as a useless goal, but as a genuine menace. It is
a palliative which relieves emotional distress, but leaves the
disease and its ravages unaffected."
We want to eradicate the disease. And America's minority
communities deserve more than symptomatic relief. They deserve
systematic solutions -- through strategies that transcend
statistics and quotas.
Rather than perpetuate the demoralizing stigma of
preferential distinctions, we should empower and ennoble our
minority communities. Rather than sowing the seeds of self-
doubt and questions of competence in anyone's heart, we should
seek systematic change that allows every American to excel.
And I'm confident the leadership will work with me to craft a
bill, in the spirit of our record of civil rights legislation,
that moves us toward this goal.
Second, civil rights legislation must reflect fundamental
principles of fairness: individuals who believe their rights
have been violated are entitled to their day in court, and an
accused is innocent until proven quilty. In every case of civil
rights dispute, constitutional protections must be preserved.
Third, Congress must subject itself to the same requirements
it prescribes for others. In 1972, the Civil Rights Act of 1964
was justly applied to executive agencies and state and local
6
governments. Congress, however, is not yet covered. This
inconsistency must be remedied, to give Congressional employees
and applicants the full protection of the law. These people,
too, are entitled to their rights, and the Congress should join
the Executive Branch in setting an example for private employers.
And fourth, Federal law should provide an adequate deterrent
or
havassment
Notclear
to sexual or religious harassment on the basis of disability in
the workplace, and ensure a speedy end to such discriminatory
practices. In improving the remedies, however, our civil rights
laws should not be turned into a bonanza for lawyers, encouraging
litigation at the expense of conciliation, mediation, or
settlement. Ultimately, cooperation will serve the interests of
all parties far better than litigious conflicts.
Arthur Fletcher said recently, "I'm looking for a more
comprehensive response. You can't go a quarter-mile in this time
in our nation's history when the full mile is needed." I agree.
A moment ago, I spoke of my conviction that America's minority
communities deserve more than symptomatic relief. I believe they
deserve systematic solutions -- an agenda of change that
transcends statistics and quotas.
We seek strategies that work -- putting power where it
belongs: in the hands of people. And that means new ideas, like
school vouchers to give poor parents the power of an alternative,
and choice in where to send their kids -- so that all can have
access to the best. It means more tenant control and ownership of
public housing. Tax credits for child care without restrictions
7
of any kind, to give parents more flexibility and choice. And
policies that underwrite prosperity, by encouraging capital flow
to build more businesses in poor neighborhoods.
Affirmative action and equal opportunity must be more than
issues of social responsibility, and more than matters of legal
compulsion. Because as labor markets tighten, people of every
walk of life, of every kind, all will be in growing demand in
this new decade. All will be needed. In any field, those who
know how to apply sources of talent once left untapped; who know
how to recruit, how to train, re-train, and retain talent; how to
educate, how to motivate, and promote -- those with that
knowledge will prosper.
This broader agenda must be part of a more comprehensive
effort of affirmative action. The interests of economics and
justice are coinciding now like never before. The door is open
wider now than it has ever been -- and we can open it still
wider.
So let us look past the superficial differences that divide
us, to the shared principles and better natures we have within
us. Now is the time to extend a hand to all that struggle on the
other side -- and to devote our energies to a broader agenda of
empowerment, that all might join in this new age of freedom.
Thank you, and God bless you all.
# # #
Document No. 140 899
WHITE HOUSE STAFFING MEMORANDUM
05/14/90
4:00 p.m. Tuesday 05/15
DATE:
ACTION/CONCURRENCE/COMMENT DUE BY:
SUBJECT: PRESIDENTIAL REMARKS: NATIONAL COMMISSION ON CIVIL RIGHTS
(05/14 5:00 p.m. draft)
ACTION FYI
ACTION FYI
VICE PRESIDENT
MCCLURE
SUNUNU
NEWMAN
SCOWCROFT
PORTER
\
DARMAN
ROGICH
BATES
UNTERMEYER N/C
CARD
ROGERS
CICCONI
PINKERTON
DEMAREST
WINSTON
FITZWATER
GRAY
HAGIN
REMARKS:
Please provide any comments/recommendations directly to Chriss
Winston by 4:00 p.m. on Tuesday, 05/15, with a copy to my office.
Thanks.
RESPONSE:
James W. Cicconi
Assistant to the President
and Deputy to the Chief of Staff
Ext. 2702
(Lange/Cawley)
May 14, 1990
5:00 P.M.
1990 MAY 14 PM 5: 48
[AFFIRM.DOC]
PRESIDENTIAL REMARKS: NATIONAL COMMISSION ON CIVIL RIGHTS
[ 450 OEOB ]
THURSDAY, MAY 17, 1990
[ TIME ]
Charman
Commissioners
Thank you all
Arthur Fletcher, Mary Frances Berry, Esther
and
Gonzalez-Arroyo Buckley, Blandina Cardenas Ramirez, Russell
Attorney General
Willie Gonzales
Redenbauch Dick Thornburg, Secretary Cavazos Regional directors
and State Advisory Committee Members
It's an honor to have you here today. We meet on an
auspicious day -- the anniversary of the landmark Brown V. Board
of Education decision. And we meet at a very hopeful moment
worldwide. A time when the thundering cry for freedom is being
heard and answered from Panama to Johannesburg to Warsaw.
Around the world, people wary of state control, economies
weary of bureaucratic central planning, all are looking to
America as reason for hope -- the bright star to follow as they
chart their course to freedom.
So it's all the more crucial now that we look carefully to
the kind of country we are -- to the state of democracy here in
the land of its birth. Whatever the nations of the world decide
about their futures, We are called upon to ensure that this
democracy means opportunity, for all who call it home. \\
No one in America -- no one -- has worked harder to deliver
the promise of democracy, to make an enduring dream a living
reality, than the men and women in assembled this room here today and particularly
those men and women Dehind me.
From its earliest origins, the Commission on Civil Rights
A we intend to have
stone unterned, of we
nothing to chance, and no
work to move America's Civil
rights agenda forward.
2
has been an independent, bipartisan voice for justice. The
the
the
Commissioners, Directors, and volunteers who serve on Advisory
and
Committees, all share an intellectual caliber, a moral
conviction, and a cultural diversity that are truly America's
best. These men and women have earned our admiration. Today,
they deserve our thanks.
moest?
to discuss pending civil rights legulation
Over the last few days I've met with leaders representing
America's rich tapestry of cultural, religious, and ethnic
diversity. I got, as I knew I would, a great deal of sound
advice -- and as I imagined I would, just a little constructive
the Congress
criticism. But these leaders, this Commission, and this
Administration, all share a common conviction for equal
opportunity. It's a responsibility I have always taken very
seriously -- and it's especially serious now, when our most vital
export to the world is democracy.
We must make sure that we as a nation lead by example. We
truegual apportunity for all stet
anempted
?
must see that affirmative action is not reduced to a slogan --
has
stet
and that the principle of equal opportunity has real, living
meaning, for all Americans. insertA
To the Civil Rights leadership assembled here today: I have
offered you my hand, and my word, that together we will make
America "open and equal to all." Today, I want to explore in
have
greater depth our commitment to equal opportunity.
To begin with, this administration is committed to action
top
that is truly affirmative -- positive action, in every sense --
close
to strike down all barriers to advancement, of every kind, for
INSERT A
Civil Rights Commission speech Insert for page 2
Michael P. Jackson, OCA
With several recent appointments, we now have a rejuvinated
Civil Rights Commission eager to continue its important work.
Joining
My friend of many years, Art Fletcher, has become Chairman,
Willie Gonzales has joined the Commission as staff director and
are
we have two excellent new commissioners, Carl Anderson and
Russell Redenbauch.
I know that Bob Dole joins me in being especially proud of
of
Russell -- a man who brings to the Commission impressive
credentials, and an impressive drive to excell. As Russell knows,
and as I want all Americans to know, physical disabality will not
constitute a barrier to service in my Administration. No one in e
this country should be excluded from opportunity
That is why I remain firmly committed to the enactment this
year of landmark legislation to extend protections to those
Americans with disabilities. [check with Office of Legislation
for additional sentence or two -- I understand ADA may be voted
?
upon in the House tomorrow].
Cambs?
Aole expecte
Fletcher" were
2-3Rs
flaved to have new invigorated boad
new chairum known #yrs.
first di3
Beet of
glood add was
A.A.A. Boyd din sensitivity
nexting Ada Hollings to Commission wath.
3
all people. We will tolerate no barriers, no bias, no inside
tracks, no two-tiered systems, no glass ceilings, and no rungless
ladders.
\\ Now, let me tell you what we're against. 11
We're against any action or lack of action that would
perpetuate or exacerbate injustice. And I know the leadership in
the Congress shares this conviction.
This nation's progress against prejudice -- from the 1964
Civil Rights Act, to the Voting Rights Act, to the Fair Housing
Act, to the Age Discrimination in Employment Act -- it has all
hinged on the principle that no one in this country should be
excluded from opportunity.
That's why I remain firmly committed to the enactment this
year of landmark legislation to extend protections to those
Today,
Americans with disabilities. 11 And we're committed to new
measures, like the Hate Crimes Statistics Act, fair housing
HOPE legeslation
initiatives, and revitalized enforcement of restrictions against
employment bias.
Many of this Administration's proposals, in fact, share
?
common goals with the legislation being offered by Senator
Kennedy and Representative Hawkins -- goals of equal opportunity
and equal protection under the law. So we've supported efforts
to ensure an individual's ability to challenge discriminatory
seniority systems. We've also moved to stiffen the penalties for
racial discrimination in setting or applying the terms and
conditions of employment.
Today, as we work to ensure that America represents
4
democracy's highest expression, I want to offer four principles
must
that ought to guide any amendments to our civil rights laws.
These principles are firmly rooted in the spirit of our
current laws -- and after the extensive discussions we've had
this week, I think they're principles on which we all of us --
including the leadership on the Hill -- can agree. So I will
enthusiastically support legislation that meets these principles.
First, civil rights legislation must operate to obliterate
consideration of race, color, religion, sex, nation of origin,
age, or disability from employment decisions. As you know, Title
of the Crvil Rights Cut of 1964
VII encourages hiring on the basis of ability and qualifications,
not race or religion.
Some provisions of the Kennedy-Hawkins bill, with the best
of intentions, still have an unintended consequence: they
encourage employers to make decisions on the basis of these
to word costly litigation
irrelevant characteristics. In spite of recent amendments, the
bill encourages employers to base hiring decisions on the very
considerations our civil rights laws direct them to ignore.
So we seek civil rights legislation that is more effective,
not less. Because the focus of employers in this country must be
on providing equal opportunity for all workers
not
on
Oh
developing strategies for avoiding litigation,
strategies
that
are likely to result in quotas schemes violating the most basic
insert
principles of our civil rights tradition, and the promise of
C
democracy.
The surest, most insidious symptom of the perpetuation of
no one in this room wou dwant me to sign a bill
whose unintended consequences are guotas because
grotas violate moent C
5
nearly 30
injustice was well understood by Dr. Martin Luther King in 1962 He
years ago,
knew then, as Americans of all walks of life know today, that
quotas are wrong. He wrote, in fact, that "tokenism can now be
seen not only as a useless goal, but as a genuine menace. It is
a palliative which relieves emotional distress, but leaves the
disease and its ravages unaffected."
We want to eradicate the disease. And America's minority
communities deserve more than symptomatic relief. They deserve
systematic solutions -- through strategies that transcend
statistics and quotas.
Rather than perpetuate the demoralizing stigma of
preferential distinctions, we should empower and ennoble our
resentment
minority communities. Rather than sowing the seeds of self
and
stet
doubt and questions of competence in anyone's heart, we should
seek systematic change that allows every American to excel.
And I'm confident the leadership will work with me to craft a
bill, in the spirit of our record of civil rights legislation,
that moves us toward this goal.
Second, civil rights legislation must reflect fundamental
that apply throughout vun lagal System:
principles of fairness: individuals who believe their rights
have been violated are entitled to their day in court, and an
must shoulder the burden of Droof.
involvinga
accused is innocent until proven quilty. In every case of civil
of due process
rights dispute, constitutional protections must be preserved.
Third, Congress must subject itself to the same requirements
it prescribes for others. In 1972, the Civil Rights Act of 1964
was justly applied to executive agencies and state and local
6
governments. Congress, however, is not yet covered. This
inconsistency must be remedied, to give Congressional employees
and applicants the full protection of the law. These people,
too, are entitled to their rights, and the Congress should join
the Executive Branch in setting an example for private employers.
And fourth, Federal law should provide an adequate deterrent
or harassment
to sexual or religious harassment on the basis of disability in
should
the workplace, and ensure a speedy end to such discriminatory
practices. In improving the remedies, however, our civil rights
laws should not be turned into a bonanza for lawyers, encouraging
litigation at the expense of conciliation, mediation, or
settlement. Ultimately, cooperation will serve the interests of
all parties far better than litigious conflicts.
Arthur Fletcher said recently, "I'm looking for a more
comprehensive response. You can't go a quarter-mile in this time
in our nation's history when the full mile is needed." I agree.
A moment ago, I spoke of my conviction that America's minority
communities deserve more than symptomatic relief. I believe they
deserve systematic solutions -- an agenda of change that
transcends statistics and quotas.
We seek strategies that work -- putting power where it
belongs: in the hands of people. And that means new ideas, like
ing
school vouchers to give poor parents the power of an alternative,
and choice in where to send their kids -- so that all can have
access to the best. It means more tenant control and ownership of
public housing. Tax credits for child care without restrictions
7
of any kind to give parents more flexibility and choice. And
policies that underwrite prosperity, by encouraging capital flow
to build more businesses in poor neighborhoods.
Affirmative action and equal opportunity must be more than
issues of social responsibility, and more than matters of legal
compulsion. Because as labor markets tighten, people of every
walk of life, of every kind, all will be in growing demand in
this new decade. All will be needed. In any field, those who
know how to apply sources of talent once left untapped; who know
how to recruit, how to train, re-train, and retain talent; how to
educate, how to motivate, and promote -- those with that
knowledge will prosper.
This broader agenda must be part of a more comprehensive
optmiste
effort of affirmative action. The interests of economics and
justice are coinciding now like never before. The door is open
together
wider now than it has ever been -- and we can open it still
wider.
So let us look past the superficial differences that divide
us, to the shared principles and better natures we have within
us. Now is the time to extend a hand to all that struggle on the
other side -- and to devote our energies to a broader agenda of
empowerment, that all might join in this new age of freedom.
Thank you, and God bless you all.
# # #
THE WHITE HOUSE
WASHINGTON
May 15, 1990
MEMORANDUM FOR CHRISS WINSTON
DEPUTY ASSISTANT TO THE PRESIDENT
FOR COMMUNICATIONS
FREDERICK D. NELSON F.D.N./K.R.M.
FROM:
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Draft Presidential Remarks on Civil Rights
I provide a few thoughts on the draft civil rights remarks.
On page 2, I would add the word "true" before "affirmative
action" in the second full paragraph so as clearly to link the
phrase to the concept discussed at the bottom of the page.
On page 3, I would amend the first sentence of the last paragraph
to read: "Some of the Administration's proposals share common
ground with the legislation being offered by Senator Kennedy and
Representative Hawkins." Our complaint with the Kennedy-Hawkins
legislation is precisely that it hinders equal opportunity and
equal protection under the law; whatever the intention of the
bill's authors, we should not confuse the issues by ascribing to
the whole legislation so specifically "goals" that we later say
it may undermine. After describing the efforts that we do
support in common with Kennedy-Hawkins, we could conclude the
paragraph with a sentence like: "Such measures advance the goals
of equal opportunity and equal protection toward which we must
always strive."
At the top of page 4, I would state that the four principles
"must" (rather than "ought to") guide any amendments. I would
also think about deleting the last line of the first full
paragraph on the page, or changing "enthusiastically support" to
"seriously consider"; it seems rather unwise to offer a
commitment SO open-ended that we do not know what we are
endorsing.
In the first paragraph on page 4, I would limit the categories
mentioned to those covered by Title VII: race, color, religion,
sex, and national origin. Age and disability are covered
7
elsewhere in the statutes and in these remarks.
The sentence after the principle "second" on page 5 seems a bit
too limiting. I would suggest something like: "These principles
are basic to our legal system, as is the general rule that a
plaintiff must establish harm in order to collect damages."
Given the distinction between civil and criminal cases, I would
reward the second part of that principle to say "an accused
should be presumed innocent until proven otherwise."
There also appears to be a typographical error in the fourth
principle (page 6) : the words "or harassment" should be added
after the word harassment.
Thank you for the opportunity to review this matter.
CC: James W. Cicconi
Assistant to the President and
Deputy to the chief of Staff
Document No. 140 899
WHITE HOUSE STAFFING MEMORANDUM
Fred
el
05/14/90
4:00 p.m. Tuesday 05/15
DATE:
ACTION/CONCURRENCE/COMMENT DUE BY:
SUBJECT:
PRESIDENTIAL REMARKS: NATIONAL COMMISSION ON CIVIL RIGHTS
(05/14 5:00 p.m. draft)
ACTION FYI
ACTION FYI
VICE PRESIDENT
d
MCCLURE
SUNUNU
NEWMAN
SCOWCROFT
PORTER
DARMAN
ROGICH
BATES
UNTERMEYER
CARD
ROGERS
CICCONI
PINKERTON
DEMAREST
WINSTON
FITZWATER
GRAY
HAGIN
REMARKS:
Please provide any comments/recommendations directly to Chriss
Winston by 4:00 p.m. on Tuesday, 05/15, with a copy to my office.
Thanks.
RESPONSE:
James W. Cicconi
Assistant to the President
and Deputy to the Chief of Staff
Ext. 2702
(Lange/Cawley)
May 14, 1990
5:00 P.M.
1990 MAY 14 FM 5: 48
[AFFIRM.DOC]
PRESIDENTIAL REMARKS: NATIONAL COMMISSION ON CIVIL RIGHTS
[ 450 OEOB ]
THURSDAY, MAY 17, 1990
[ TIME ]
Thank you all. Arthur Fletcher, Mary Frances Berry, Esther
Gonzalez-Arroyo Buckley, Blandina Cardenas Ramirez, Russell
Redenbauch; Dick Thornburg, Secretary Cavazos; Regional directors
and State Advisory Committee Members
It's an honor to have you here today. We meet on an
auspicious day -- the anniversary of the landmark Brown V. Board
of Education decision. And we meet at a very hopeful moment
worldwide. A time when the thundering cry for freedom is being
heard and answered from Panama to Johannesburg to Warsaw.
Around the world, people wary of state control, economies
weary of bureaucratic central planning, all are looking to
America as reason for hope -- the bright star to follow as they
chart their course to freedom.
So it's all the more crucial now, that we look carefully to
the kind of country we are -- to the state of democracy here in
the land of its birth. Whatever the nations of the world decide
about their futures, We are called upon to ensure that this
democracy means opportunity, for all who call it home.
No one in America -- no one -- has worked harder to deliver
the promise of democracy, to make an enduring dream a living
reality, than the men and women in this room today.
From its earliest origins, the Commission on Civil Rights
2
has been an independent, bipartisan voice for justice. The
Commissioners, Directors, and volunteers who serve on Advisory
Committees, all share an intellectual caliber, a moral
conviction, and a cultural diversity that are truly America's
best. These men and women have earned our admiration. Today,
they deserve our thanks.
Over the last few days I've met with leaders representing
America's rich tapestry of cultural, religious, and ethnic
diversity. I got, as I knew I would, a great deal of sound
advice -- and as I imagined I would, just a little constructive
criticism. But these leaders, this Commission, and this
Administration, all share a common conviction for equal
opportunity. It's a responsibility I have always taken very
seriously -- and it's especially serious now, when our most vital
export to the world is democracy.
We must make sure that we as a nation lead by example. We
must see that affirmative action is not reduced to a slogan --
and that the principle of equal opportunity has real, living
meaning, for all Americans.
To the Civil Rights leadership assembled here today: I have
offered you my hand, and my word, that together we will make
America "open and equal to all." Today, I want to explore in
greater depth our commitment to equal opportunity.
To begin with, this administration is committed to action
that is truly affirmative -- positive action, in every sense --
to strike down all barriers to advancement, of every kind, for
3
all people. We will tolerate no barriers, no bias, no inside
tracks, no two-tiered systems, no glass ceilings, and no rungless
ladders.
Now, let me tell you what we're against.
We're against any action or lack of action that would
perpetuate or exacerbate injustice. And I know the leadership in
the Congress shares this conviction.
This nation's progress against prejudice -- from the 1964
Civil Rights Act, to the Voting Rights Act, to the Fair Housing
Act, to the Age Discrimination in Employment Act -- it has all
hinged on the principle that no one in this country should be
excluded from opportunity.
That's why I remain firmly committed to the enactment this
year of landmark legislation to extend protections to those
Americans with disabilities. And we're committed to new
measures, like the Hate Crimes Statistics Act, fair housing
initiatives, and revitalized enforcement of restrictions against
employment bias.
Many of this Administration's proposals, in fact, share
common goals with the legislation being offered by Senator
Kennedy and Representative Hawkins -- goals of equal opportunity
and equal protection under the law. So we've supported efforts
to ensure an individual's ability to challenge discriminatory
seniority systems. We've also moved to stiffen the penalties for
racial discrimination in setting or applying the terms and
conditions of employment.
Today, as we work to ensure that America represents
4
democracy's highest expression, I want to offer four principles
that ought to guide any amendments to our civil rights laws.
These principles are firmly rooted in the spirit of our
current laws -- and after the extensive discussions we've had
this week, I think they're principles on which we all of us --
including the leadership on the Hill -- can agree. So I will
enthusiastically support legislation that meets these principles.
First, civil rights legislation must operate to obliterate
consideration of race, color, religion, sex, nation of origin,
age, or disability from employment decisions. As you know, Title
VII encourages hiring on the basis of ability and qualifications,
not race or religion.
Some provisions of the Kennedy-Hawkins bill, with the best
of intentions, still have an unintended consequence: they
encourage employers to make decisions on the basis of these
irrelevant characteristics. In spite of recent amendments, the
bill encourages employers to base hiring decisions on the very
considerations our civil rights laws direct them to ignore.
So we seek civil rights legislation that is more effective,
not less. Because the focus of employers in this country must be
on providing equal opportunity for all workers -- not on
developing strategies for avoiding litigation -- strategies that
are likely to result in quota schemes violating the most basic
principles of our civil rights tradition, and the promise of
democracy.
The surest, most insidious symptom of the perpetuation of
5
injustice was well understood by Martin Luther King in 1962. He
knew then, as Americans of all walks of life know today, that
quotas are wrong. He wrote, in fact, that "tokenism can now be
seen not only as a useless goal, but as a genuine menace. It is
a palliative which relieves emotional distress, but leaves the
disease and its ravages unaffected.'
We want to eradicate the disease. And America's minority
communities deserve more than symptomatic relief. They deserve
systematic solutions -- through strategies that transcend
statistics and quotas.
Rather than perpetuate the demoralizing stigma of
preferential distinctions, we should empower and ennoble our
minority communities. Rather than sowing the seeds of self-
doubt and questions of competence in anyone's heart, we should
seek systematic change that allows every American to excel.
And I'm confident the leadership will work with me to craft a
bill, in the spirit of our record of civil rights legislation,
that moves us toward this goal.
Second, civil rights legislation must reflect fundamental
principles of fairness: individuals who believe their rights
have been violated are entitled to their day in court, and an
accused is innocent until proven quilty. In every case of civil
rights dispute, constitutional protections must be preserved.
Third, Congress must subject itself to the same requirements
it prescribes for others. In 1972, the Civil Rights Act of 1964
was justly applied to executive agencies and state and local
6
governments. Congress, however, is not yet covered. This
inconsistency must be remedied, to give Congressional employees
and applicants the full protection of the law. These people,
too, are entitled to their rights, and the Congress should join
the Executive Branch in setting an example for private employers.
And fourth, Federal law should provide an adequate deterrent
to sexual or religious harassment on the basis of disability in
the workplace, and ensure a speedy end to such discriminatory
practices. In improving the remedies, however, our civil rights
laws should not be turned into a bonanza for lawyers, encouraging
litigation at the expense of conciliation, mediation, or
settlement. Ultimately, cooperation will serve the interests of
all parties far better than litigious conflicts.
Arthur Fletcher said recently, "I'm looking for a more
comprehensive response. You can't go a quarter-mile in this time
in our nation's history when the full mile is needed." I agree.
A moment ago, I spoke of my conviction that America's minority
communities deserve more than symptomatic relief. I believe they
deserve systematic solutions -- an agenda of change that
transcends statistics and quotas.
We seek strategies that work -- putting power where it
belongs: in the hands of people. And that means new ideas, like
school vouchers to give poor parents the power of an alternative,
and choice in where to send their kids -- so that all can have
access to the best. It means more tenant control and ownership of
public housing. Tax credits for child care without restrictions
7
of any kind, to give parents more flexibility and choice. And
policies that underwrite prosperity, by encouraging capital flow
to build more businesses in poor neighborhoods.
Affirmative action and equal opportunity must be more than
issues of social responsibility, and more than matters of legal
compulsion. Because as labor markets tighten, people of every
walk of life, of every kind, all will be in growing demand in
this new decade. All will be needed. In any field, those who
know how to apply sources of talent once left untapped; who know
how to recruit, how to train, re-train, and retain talent; how to
educate, how to motivate, and promote -- those with that
knowledge will prosper.
This broader agenda must be part of a more comprehensive
effort of affirmative action. The interests of economics and
justice are coinciding now like never before. The door is open
wider now than it has ever been -- and we can open it still
wider.
So let us look past the superficial differences that divide
us, to the shared principles and better natures we have within
us. Now is the time to extend a hand to all that struggle on the
other side -- and to devote our energies to a broader agenda of
empowerment, that all might join in this new age of freedom.
Thank you, and God bless you all.
# # #
Document No. 140899
WHITE HOUSE STAFFING MEMORANDUM
05/14/90
4:00 p.m. Tuesday 05/15
DATE:
ACTION/CONCURRENCE/COMMENT DUE BY:
SUBJECT: PRESIDENTIAL REMARKS: NATIONAL COMMISSION ON CIVIL RIGHTS
(05/14 5:00 p.m. draft)
ACTION FYI
ACTION FYI
VICE PRESIDENT
MCCLURE
SUNUNU
NEWMAN
SCOWCROFT
PORTER
DARMAN
ROGICH
BATES
UNTERMEYER
CARD
ROGERS
PINKERTON
1
CICCONI
DEMAREST
WINSTON
FITZWATER
GRAY
HAGIN
REMARKS:
Please provide any comments/recommendations directly to Chriss
Winston by 4:00 p.m. on Tuesday, 05/15, with a copy to my office.
Thanks.
RESPONSE:
Please see Comments
5/15/90
James W. Cicconi
Assistant to the President
and Deputy to the Chief of Staff
Ext. 2702
Invitations extended to Sunators Mitchell, wore, Speaker
Foley, Rep. Bob Michel, md the chair and vanting membus
of 4 committees (12 total)
(Lange/Cawley)
May 14, 1990
5:00 P.M.
1990 MAY 14 PM 5: 48
[AFFIRM.DOC]
PRESIDENTIAL REMARKS: NATIONAL COMMISSION ON CIVIL
[ 450 OEOB ]
THURSDAY, MAY 17, 1990
Membus RIGHTS of
[ TIME ]
congress;
Thank you all. Arthur Fletcher, Mary Frances Berry, Esther
Gonzalez-Arroyo - Buckley, Blandina Cardenas Ramirez, Russell
Attormy General
Redenbauch; Dick Thornburg, Secretary Cavazos; Regional directors
and State Advisory Committee Members
Civil Rights
It's an honor to have you here today. We meet on an
Commission
auspicious day -- the anniversary of the landmark Brown V. Board
of Education decision. And we meet at a very hopeful moment
worldwide. A time when the thundering cry for freedom is being
heard and answered from Panama to Johannesburg to Warsaw.
Around the world, people wary of state control, economies
weary of bureaucratic central planning, all are looking to
America as reason for hope -- the bright star to follow as they
chart their course to freedom.
So it's all the more crucial now, that we look carefully to
the kind of country we are -- to the state of democracy here in
the land of its birth. Whatever the nations of the world decide
about their futures, We are called upon to ensure that this
democracy means opportunity, for all who call it home. \\
No one in America -- no one -- has worked harder to deliver
the promise of democracy, to make an enduring dream a living
reality, than the men and women in this
room
today.
Check
From its earliest origins, the Commission on Civil Rights
Rose
2
has been an independent, bipartisan voice for justice. The
Commissioners, Directors, and volunteers who serve on Advisory
Committees, all share an intellectual caliber, a moral
conviction, and a cultural diversity that are truly America's
best. These men and women have earned our admiration. Today,
they deserve our thanks.
Over the last few days I've met with leaders representing
America's rich tapestry of cultural, religious, and ethnic
diversity. I got, as I knew I would, a great deal of sound
advice -- and as I imagined I would, just a little constructive
criticism. But these leaders, this Commission, and this
Administration, all share a common conviction for equal
opportunity. It's a responsibility I have always taken very
seriously -- and it's especially serious now, when our most vital
export to the world is democracy.
We must make sure that we as a nation lead by example. We
must see that affirmative action is not reduced to a slogan --
and that the principle of equal opportunity has real, living
meaning, for all Americans.
To the Civil Rights leadership assembled here today: I have
offered you my hand, and my word, that together we will make
America "open and equal to all." Today, I want to explore in
greater depth our commitment to equal opportunity.
To begin with, this administration is committed to action
that is truly affirmative -- positive action, in every sense --
to strike down all barriers to advancement, of every kind, for
3
all people. We will tolerate no barriers, no bias, no inside
tracks, no two-tiered systems, no glass ceilings, and no rungless
ladders. 11
Now, let me tell you what we're against. 11
We're against any action or lack of action that would
perpetuate or exacerbate injustice. And I know the leadership in
the Congress shares this conviction.
This nation's progress against prejudice -- from the 1964
Civil Rights Act, to the Voting Rights Act, to the Fair Housing
Act, to the Age Discrimination in Employment Act -- it has all
hinged on the principle that no one in this country should be
excluded from opportunity.
That's why I remain firmly committed to the enactment this
year of landmark legislation to extend protections to those
Americans with disabilities. 11 And we're committed to new
measures, like the Hate Crimes Statistics Act, fair housing
initiatives, and revitalized enforcement of restrictions against
employment bias.
Many of this Administration's proposals, in fact, share
common goals with the legislation being offered by Senator
Kennedy and Representative Hawkins -- goals of equal opportunity
and equal protection under the law. So we've supported efforts
to ensure an individual's ability to challenge discriminatory
seniority systems. We've also moved to stiffen the penalties for
racial discrimination in setting or applying the terms and
conditions of employment.
Today, as we work to ensure that America represents
4
democracy's highest expression, I want to offer four principles
that ought to guide any amendments to our civil rights laws.
These principles are firmly rooted in the spirit of our
current laws -- and after the extensive discussions we've had
this week, I think they're principles on which we all of us --
^
including the leadership on the Hill -- can agree. So I will
enthusiastically support legislation that meets these principles.
First, civil rights legislation must operate to obliterate
consideration of race, color, religion, sex, nation of origin,
age, or disability from employment decisions. As you know, Title
VII encourages hiring on the basis of ability and qualifications,
not race or religion.
Some provisions of the Kennedy-Hawkins bill, with the best
of intentions, still have an unintended consequence: they
encourage employers to make decisions on the basis of these
irrelevant characteristics. In spite of recent amendments, the
bill encourages employers to base hiring decisions on the very
considerations our civil rights laws direct them to ignore. We
must not turn back the clock on the years of progress.
So we seek civil rights legislation that is more effective,
not less. Because the focus of employers in this country must be
on providing equal opportunity for all workers -- not on
developing strategies for avoiding litigation -- strategies that
are likely to result in quota schemes violating the most basic
principles of our civil rights tradition, and the promise of
democracy.
The surest, most insidious symptom of the perpetuation of
5
injustice was well understood by Martin Luther King in 1962. He
knew then, as Americans of all walks of life know today, that
quotas are wrong. He wrote, in fact, that "tokenism can now be
seen not only as a useless goal, but as a genuine menace. It is
a palliative which relieves emotional distress, but leaves the
disease and its ravages unaffected."
We want to eradicate the disease. And America's minority
communities deserve more than symptomatic relief. They deserve
systematic solutions -- through strategies that transcend
statistics and quotas.
Rather than perpetuate the demoralizing stigma of
preferential distinctions, we should empower and ennoble our
minority communities. Rather than sowing the seeds of self-
doubt and questions of competence in anyone's heart, we should
During my meetings this week, I challenged the civil rights leadership to
seek systematic change that allows every American to excel.
And I'm confident the leadership A will work with me to craft a
bill, in the spirit of our record of civil rights legislation,
that moves us toward this goal. I am confident that this can done. be
Second, civil rights legislation must reflect fundamental
principles of fairness: individuals who believe their rights
have been violated are entitled to their day in court, and an
accused is innocent until proven quilty. In every case of civil
rights dispute, constitutional protections must be preserved.
Third, Congress must subject itself to the same requirements
it prescribes for others. In 1972, the Civil Rights Act of 1964
was justly applied to executive agencies and state and local
6
governments. Congress, however, is not yet covered. This
inconsistency must be remedied, to give Congressional employees
and applicants the full protection of the law. These people,
too, are entitled to their rights, and the Congress should join
the Executive Branch in setting an example for private employers.
And fourth, Federal law should provide an adequate deterrent
to sexual or religious harassment on the basis of disability in
the workplace, and ensure a speedy end to such discriminatory
practices. In improving the remedies, however, our civil rights
laws should not be turned into a bonanza for lawyers, encouraging
litigation at the expense of conciliation, mediation, or
settlement. Ultimately, cooperation will serve the interests of
all parties far better than litigious conflicts.
Arthur Fletcher said recently, "I'm looking for a more
comprehensive response. You can't go a quarter-mile in this time
7
in our nation's history when the full mile is needed." I agree.
A moment ago, I spoke of my conviction that America's minority
communities deserve more than symptomatic relief. I believe they
deserve systematic solutions -- an agenda of change that
transcends statistics and quotas.
We seek strategies that work -- putting power where it
belongs: in the hands of people. And that means new ideas, like
school vouchers to give poor parents the power of an alternative,
and choice in where to send their kids -- so that all can have
access to the best. It means more tenant control and ownership of
public housing. Tax credits for child care without restrictions
7
of any kind, to give parents more flexibility and choice. And
policies that underwrite prosperity, by encouraging capital flow
to build more businesses in poor neighborhoods.
Affirmative action and equal opportunity must be more than
issues of social responsibility, and more than matters of legal
compulsion. Because as labor markets tighten, people of every
walk of life, of every kind, all will be in growing demand in
this new decade. All will be needed. In any field, those who
know how to apply sources of talent once left untapped; who know
how to recruit, how to train, re-train, and retain talent; how to
educate, how to motivate, and promote -- those with that
knowledge will prosper.
This broader agenda must be part of a more comprehensive
effort of affirmative action. The interests of economics and
justice are coinciding now like never before. The door is open
wider now than it has ever been -- and we can open it still
wider.
So let us look past the superficial differences that divide
us, to the shared principles and better natures we have within
us. Now is the time to extend a hand to all that struggle on the
other side -- and to devote our energies to a broader agenda of
empowerment, that all might join in this new age of freedom.
Thank you, and God bless you all.
# # #
Per A²--
"Mak Ame we have 1 strong passage on
uninterble consequences"
Document No. 140899
WHITE HOUSE STAFFING MEMORANDUM
05/14/90
4:00 p.m. Tuesday 05/15
DATE:
ACTION/CONCURRENCE/COMMENT DUE BY:
SUBJECT: PRESIDENTIAL REMARKS: NATIONAL COMMISSION ON CIVIL RIGHTS
(05/14 5:00 p.m. draft)
ACTION FYI
ACTION FYI
VICE PRESIDENT
MCCLURE
SUNUNU
NEWMAN
SCOWCROFT
PORTER
DARMAN
ROGICH
BATES
UNTERMEYER
CARD
ROGERS
CICCONI
PINKERTON
DEMAREST
WINSTON
FITZWATER
GRAY
HAGIN
REMARKS:
Please provide any comments/recommendations directly to Chriss
Winston by 4:00 p.m. on Tuesday, 05/15, with a copy to my office.
Thanks.
RESPONSE:
major
your
0 € : 21d SI AAY 06
James W. Cicconi
Assistant to the President
and Deputy to the Chief of Staff
Ext. 2702
(Lange/Cawley)
May 14, 1990
5:00 P.M.
1990 MAY 14 PM 5: 48
[AFFIRM.DOC]
PRESIDENTIAL REMARKS: NATIONAL COMMISSION ON CIVIL RIGHTS
[ 450 OEOB ]
THURSDAY, MAY 17, 1990
[ TIME ]
Thank you all. Arthur Fletcher, Mary Frances Berry, Esther
Gonzalez-Arroyo Buckley, Blandina Cardenas Ramirez, Russell
Redenbauch; Dick Thornburg, Secretary Cavazos; Regional directors
and State Advisory Committee Members
It's an honor to have you here today. We meet on an
auspicious day -- the anniversary of the landmark Brown V. Board
of Education decision. And we meet at a very hopeful moment
worldwide. A time when the thundering cry for freedom is being
heard and answered from Panama to Johannesburg to Warsaw.
Around the world, people wary of state control, economies
weary of bureaucratic central planning, all are looking to
America as reason for hope -- the bright star to follow as they
chart their course to freedom.
So it's all the more crucial now, that we look carefully to
the kind of country we are -- to the state of democracy here in
the land of its birth. Whatever the nations of the world decide
about their futures, We are called upon to ensure that this
democracy means opportunity, for all who call it home.
11
No one in America -- no one -- has worked harder to deliver
the promise of democracy, to make an enduring dream a living
here
reality, than the men and women in this room today.
From its earliest origins, the Commission on Civil Rights
2
has been an independent, bipartisan voice for justice. The
Commissioners, a Directors, the and volunteers who serve on Advisory
the
Committees, all share an intellectual caliber, a moral
conviction, and a cultural diversity that are truly America's
best. These men and women have earned our admiration. Today,
they deserve our thanks.
Over the last few days I've met with leaders representing
America's rich tapestry of cultural, religious, and ethnic
diversity. I got, as I knew I would, a great deal of sound
advice -- and as I imagined I would, just a little constructive
criticism. But these leaders, this Commission, and this
Administration, all share a common conviction for equal
opportunity. It's a responsibility I have always taken very
seriously -- and it's especially serious now, when our most vital
export to the world is democracy.
We must make sure that we as a nation lead by example. We
must see that affirmative action is not reduced to a slogan --
and that the principle of equal opportunity has real, living
meaning, for all Americans.
To the Civil Rights leadership assembled here today: I have
offered you my hand, and my word, that together we will make
America "open and equal to all." Today, I want to explore in
greater depth our commitment to equal opportunity.
move
To begin with, this administration is committed to action
that is truly affirmative -- positive action, in every sense --
to
to strike down all barriers to advancement, of every kind, for
speed
3
all people. We will tolerate no barriers, no bias, no inside
tracks, no two-tiered systems, no glass ceilings, and no rungless
ladders.
11
Now, let me tell you what we re against.
We're against any action or lack of action that would
perpetuate or exacerbate injustice. And I know the leadership in
the Congress shares this conviction.
This nation's progress against prejudice -- from the 1964
Civil Rights Act, to the Voting Rights Act, to the Fair Housing
Act, to the Age Discrimination in Employment Act -- it has all
hinged on the principle that no one in this country should be
excluded from opportunity.
we have already worked hard to ensure
That's why I remain firmly committed to the enactment this
year of landmark legislation to extend protections to those
Americans with disabilities. \\ And we're committed to new
measures, like the Hate Crimes Statistics Act) fair housing
(Last month I signed
initiatives, and revitalized enforcement of restrictions against
employment bias.
Many of this Administration's proposals, in fact, share
common goals with the legislation being offered by Senator
Kennedy and Representative Hawkins -- goals of equal opportunity
and equal protection under the law. So we've supported efforts
to ensure an individual's ability to challenge discriminatory
seniority systems. We've also moved to stiffen the penalties for
racial discrimination in setting or applying the terms and
conditions of employment.
Today, as we work to ensure that America represents
4
democracy's highest expression, I want to offer four principles
that ought to guide any amendments to our civil rights laws.
These principles are firmly rooted in the spirit of our
current laws -- and after the extensive discussions we've had
this week, I think they're principles on which we all of us --
including the leadership on the Hill -- can agree. So I will
enthusiastically support legislation that meets these principles.
First, civil rights legislation must operate to obliterate
consideration of race, color, religion, sex, nation of origin,
age, or disability from employment decisions. As you know, Title
VII encourages hiring on the basis of ability and qualifications,
not race or religion.
brachet
Some provisions of the Kennedy-Hawkins bill, with the best
of intentions, still have an unintended consequence: they
encourage employers to make decisions on the basis of these
irrelevant characteristics. In spite of recent amendments, the
bill encourages employers to base hiring decisions on the very
considerations our civil rights laws direct them to ignore.
SQ we seek civil rights legislation that is more effective,
not less. Because the focus of employers in this country must be
on providing equal opportunity for all workers -- not on
developing strategies for avoiding litigation, Such strategies
that
too often
and
are likely to result in quota schemes violating the most basic
principles of our civil rights tradition, and the promise of
democracy.
The surest, most insidious symptom of the perpetuation of
5
In
injustice was well understood by Martin Luther King in 1962. He
knew then, as Americans of all walks of life know today, that
That'shy No one here today would suggest I sign a guota bill.
quotas are wrong. He wrote, in fact, that "tokenism can now be
seen not only as a useless goal, but as a genuine menace. It is
a palliative which relieves emotional distress, but leaves the
disease and its ravages unaffected."
We want to eradicate the disease. And America's minority
communities deserve more than symptomatic relief. They deserve
systematic solutions -- through strategies that transcend
statistics and quotas.
Rather than perpetuate the demoralizing stigma of
preferential distinctions, we should empower and ennoble our
minority communities. Rather than sowing the seeds of self-
doubt and questions of competence in anyone's heart, we should
seek systematic change that allows every American to excel.
And I'm confident the leadership will work with me to craft a
bill, in the spirit of our record of civil rights legislation,
that moves us toward this goal.
Second, civil rights legislation must reflect fundamental
principles of fairness: individuals who believe their rights
have been violated are entitled to their day in court, and an
accused is innocent until proven quilty. In every case of civil
rights dispute, constitutional protections must be preserved.
Third, Congress must subject itself to the same requirements
it prescribes for others. In 1972, the Civil Rights Act of 1964
was justly applied to executive agencies and state and local
6
governments. Congress, however, is not yet covered. This
inconsistency must be remedied, to give Congressional employees
and applicants the full protection of the law. These people,
too, are entitled to their rights, and the Congress should join
the Executive Branch in setting an example for private employers.
And fourth, Federal law should provide an adequate deterrent
to sexual or religious harassment on the basis of disability in
the workplace, and ensure a speedy end to such discriminatory
practices. In improving the remedies, however, our civil rights
laws should not be turned into a bonanza for lawyers, encouraging
litigation at the expense of conciliation, mediation, or
settlement. Ultimately, cooperation will serve the interests of
all parties far better than litigious conflicts.
Arthur Fletcher said recently, "I'm looking for a more
comprehensive response. You can't go a quarter-mile in this time
in our nation's history when the full mile is needed." I agree.
A moment ago, I spoke of my conviction that America's minority
communities deserve more than symptomatic relief. I believe they
deserve systematic solutions an agenda of change that
transcends statistics and quotas
We seek strategies that work -- putting power where it
belongs: in the hands of people. And that means new ideas, like
school vouchers to give poor parents the power of an alternative,
and choice in where to send their kids -- so that all can have
access to the best. It means more tenant control and ownership of
public housing. Tax credits for child care without restrictions
7
of any kind, to give parents more flexibility and choice. And
policies that underwrite prosperity, by encouraging capital flow
to build more businesses in poor neighborhoods.
Affirmative action and equal opportunity must be more than
issues of social responsibility, and more than matters of legal
a
compulsion. Because as labor markets tighten, people of every
were finding that
(walk of life, of every kind, all will be in growing demand in
this werecand
this new decade. All will be needed. In any field, those who
know how to apply sources of talent once left untapped; who know
how to recruit, how to train, re-train, and retain talent; how to
educate, how to motivate, and promote -- those with that
knowledge will prosper.
This broader agenda must be part of a more comprehensive
fabr of divid N
effort of affirmative action. The interests of economics and
justice are coinciding now like never before. The door
is
open
will cand. tift are
wider now than it has ever been -- and we can open it still
wider.
insert from P. 2.
So let us look past the superficial differences that divide
Do
us, to the shared principles and better natures we have within
us. Now is the time to extend a hand to all that struggle on the
other side -- and to devote our energies to a broader agenda of
labor one mm mou
empowerment, that all might join in this new age of freedom.
Thank you, and God bless you all.
# # #
Document No. 140 899
WHITE HOUSE STAFFING MEMORANDUM
05/14/90
4:00 p.m. Tuesday 05/15
DATE:
ACTION/CONCURRENCE/COMMENT DUE BY:
SUBJECT: PRESIDENTIAL REMARKS: NATIONAL COMMISSION ON CIVIL RIGHTS
(05/14 5:00 p.m. draft)
ACTION FYI
ACTION FYI
VICE PRESIDENT
MCCLURE
SUNUNU
NEWMAN
SCOWCROFT
PORTER
*******
DARMAN
ROGICH
BATES
UNTERMEYER
CARD
ROGERS
CICCONI
PINKERTON
DEMAREST
WINSTON
FITZWATER
GRAY
HAGIN
REMARKS:
Please provide any comments/recommendations directly to Chriss
Winston by 4:00 p.m. on Tuesday, 05/15, with a copy to my office.
Thanks.
RESPONSE:
good
S.R.
OR
SI
MAY
06
James W. Cicconi
Assistant to the President
and Deputy to the Chief of Staff
(Lange/Cawley)
May 14, 1990
5:00 P.M.
1990 MAY 14 PM 5: 48
[AFFIRM.DOC]
PRESIDENTIAL REMARKS: NATIONAL COMMISSION ON CIVIL RIGHTS
[ 450 OEOB ]
THURSDAY, MAY 17, 1990
[ TIME ]
Thank you all. Arthur Fletcher, Mary Frances Berry, Esther
Gonzalez-Arroyo Buckley, Blandina Cardenas Ramirez, Russell
Redenbauch; Dick Thornburg, Secretary Cavazos; Regional directors
and State Advisory Committee Members
It's an honor to have you here today. We meet on an
auspicious day -- the anniversary of the landmark Brown V. Board
of Education decision. And we meet at a very hopeful moment
worldwide. A time when the thundering cry for freedom is being
heard and answered from Panama to Johannesburg to Warsaw.
Around the world, people wary of state control, economies
weary of bureaucratic central planning, all are looking to
America as reason for hope -- the bright star to follow as they
chart their course to freedom.
So it's all the more crucial now, that we look carefully to
the kind of country we are -- to the state of democracy here in
the land of its birth. Whatever the nations of the world decide
about their futures, We are called upon to ensure that this
democracy means opportunity, for all who call it home.
11
No one in America -- no one -- has worked harder to deliver
the promise of democracy, to make an enduring dream a living
reality, than the men and women in this room today.
From its earliest origins, the Commission on Civil Rights
2
has been an independent, bipartisan voice for justice. The
Commissioners, Directors, and volunteers who serve on Advisory
Committees, all share an intellectual caliber, a moral
conviction, and a cultural diversity that are truly America's
best. These men and women have earned our admiration. Today,
they deserve our thanks.
Over the last few days I've met with leaders representing
America's rich tapestry of cultural, religious, and ethnic
diversity. I got, as I knew I would, a great deal of sound
advice -- and as I imagined I would, just a little constructive
criticism. But these leaders, this Commission, and this
Administration, all share a common conviction for equal
opportunity. It's a responsibility I have always taken very
seriously -- and it's especially serious now, when our most vital
export to the world is democracy.
We must make sure that we as a nation lead by example. We
must see that affirmative action is not reduced to a slogan --
and that the principle of equal opportunity has real, living
meaning, for all Americans.
To the Civil Rights leadership assembled here today: I have
offered you my hand, and my word, that together we will make
America "open and equal to all." Today, I want to explore in
greater depth our commitment to equal opportunity.
To begin with, this administration is committed to action
that is truly affirmative -- positive action, in every sense --
to strike down all barriers to advancement, of every kind, for
3
all people. We will tolerate no barriers, no bias, no inside
tracks, no two-tiered systems, no glass ceilings, and no rungless
ladders.
Now, let me tell you what we're against.
11
We're against any action or lack of action that would
perpetuate or exacerbate injustice. And I know the leadership in
the Congress shares this conviction.
This nation's progress against prejudice --- from the 1964
Civil Rights Act, to the Voting Rights Act, to the Fair Housing
Act, to the Age Discrimination in Employment Act -- it has all
hinged on the principle that no one in this country should be
excluded from opportunity.
That's why I remain firmly committed to the enactment this
year of landmark legislation to extend protections to those
Americans with disabilities. 11 And we're committed to new
measures, like the Hate Crimes Statistics Act, fair housing
initiatives, and revitalized enforcement of restrictions against
employment bias.
Many of this Administration's proposals, in fact, share
common goals with the legislation being offered by Senator
Kennedy and Representative Hawkins -- goals of equal opportunity
and equal protection under the law. So we've supported efforts
to ensure an individual's ability to challenge discriminatory
seniority systems. We've also moved to stiffen the penalties for
racial discrimination in setting or applying the terms and
conditions of employment.
Today, as we work to ensure that America represents
4
democracy's highest expression, I want to offer four principles
that ought to guide any amendments to our civil rights laws.
These principles are firmly rooted in the spirit of our
current laws -- and after the extensive discussions we've had
this week, I think they're principles on which we all of us --
including the leadership on the Hill -- can agree. So I will
enthusiastically support legislation that meets these principles.
First, civil rights legislation must operate to obliterate
consideration of race, color, religion, sex, nation of origin,
age, or disability from employment decisions. As you know, Title
VII encourages hiring on the basis of ability and qualifications,
not race or religion.
Some provisions of the Kennedy-Hawkins bill, with the best
of intentions, still have an unintended consequence: they
encourage employers to make decisions on the basis of these
irrelevant characteristics. In spite of recent amendments, the
bill encourages employers to base hiring decisions on the very
considerations our civil rights laws direct them to ignore.
So we seek civil rights legislation that is more effective,
not less. Because the focus of employers in this country must be
on providing equal opportunity for all workers -- not on
developing strategies for avoiding litigation -- strategies that
are likely to result in quota schemes violating the most basic
principles of our civil rights tradition, and the promise of
democracy.
The surest, most insidious symptom of the perpetuation of
5
injustice was well understood by Martin Luther King in 1962. He
knew then, as Americans of all walks of life know today, that
quotas are wrong. He wrote, in fact, that "tokenism can now be
seen not only as a useless goal, but as a genuine menace. It is
a palliative which relieves emotional distress, but leaves the
disease and its ravages unaffected."
We want to eradicate the disease. And America's minority
communities deserve more than symptomatic relief. They deserve
systematic solutions -- through strategies that transcend
statistics and quotas.
Rather than perpetuate the demoralizing stigma of
preferential distinctions, we should empower and ennoble our
minority communities. Rather than sowing the seeds of self-
doubt and questions of competence in anyone's heart, we should
seek systematic change that allows every American to excel.
And I'm confident the leadership will work with me to craft a
bill, in the spirit of our record of civil rights legislation,
that moves us toward this goal.
Second, civil rights legislation must reflect fundamental
principles of fairness: individuals who believe their rights
have been violated are entitled to their day in court, and an
accused is innocent until proven quilty. In every case of civil
rights dispute, constitutional protections must be preserved.
Third, Congress must subject itself to the same requirements
it prescribes for others. In 1972, the Civil Rights Act of 1964
was justly applied to executive agencies and state and local
6
governments. Congress, however, is not yet covered. This
inconsistency must be remedied, to give Congressional employees
and applicants the full protection of the law. These people,
too, are entitled to their rights, and the Congress should join
the Executive Branch in setting an example for private employers.
And fourth, Federal law should provide an adequate deterrent
to sexual or religious harassment on the basis of disability in
the workplace, and ensure a speedy end to such discriminatory
practices. In improving the remedies, however, our civil rights
laws should not be turned into a bonanza for lawyers, encouraging
litigation at the expense of conciliation, mediation, or
settlement. Ultimately, cooperation will serve the interests of
all parties far better than litigious conflicts.
Arthur Fletcher said recently, "I'm looking for a more
comprehensive response. You can't go a quarter-mile in this time
in our nation's history when the full mile is needed." I agree.
A moment ago, I spoke of my conviction that America's minority
communities deserve more than symptomatic relief. I believe they
deserve systematic solutions -- an agenda of change that
transcends statistics and quotas.
We seek strategies that work -- putting power where it
belongs: in the hands of people. And that means new ideas, like
school vouchers to give poor parents the power of an alternative,
and choice in where to send their kids -- so that all can have
access to the best. It means more tenant control and ownership of
public housing. Tax credits for child care without restrictions
7
of any kind, to give parents more flexibility and choice. And
policies that underwrite prosperity, by encouraging capital flow
to build more businesses in poor neighborhoods.
Affirmative action and equal opportunity must be more than
issues of social responsibility, and more than matters of legal
compulsion. Because as labor markets tighten, people of every
walk of life, of every kind, all will be in growing demand in
this new decade. All will be needed. In any field, those who
know how to apply sources of talent once left untapped; who know
how to recruit, how to train, re-train, and retain talent; how to
educate, how to motivate, and promote those with that
knowledge will prosper.
This broader agenda must be part of a more comprehensive
effort of affirmative action. The interests of economics and
justice are coinciding now like never before. The door is open
wider now than it has ever been -- and we can open it still
wider.
So let us look past the superficial differences that divide
us, to the shared principles and better natures we have within
us. Now is the time to extend a hand to all that struggle on the
other side -- and to devote our energies to a broader agenda of
empowerment, that all might join in this new age of freedom.
Thank you, and God bless you all.
# # #
(Lange/Cawley)
May 15, 1990
8:05 P.M.
[AFFIRM.DOC]
PRESIDENTIAL REMARKS: NATIONAL COMMISSION ON CIVIL RIGHTS
THE ROSE GARDEN
THURSDAY, MAY 17, 1990
10:00 A.M.
Thank you all. /
Chairman Fletcher, Commissioners Buckley,
Ramirez, and Redenbauch; Attorney General Thornburgh, Secretary
Cavazos; Willie Gonzalez, Regional directors and State Advisory
Committee Members
It's an honor to have you here today. We meet at a very
hopeful moment worldwide. A time when the thundering cry for
freedom is being heard and answered from Panama to Johannesburg
stet
to Warsaw. Around the world, peoples warring against tyranny,
citizens wary of state control, economies weary of bureaucratic
strugglina against
central planning, all are looking to America as reason for hope
---- the bright star by which to chart their course to freedom.
So it's all the more crucial now that we look carefully to
the kind of country we are - to the state of democracy here in
the land of liberty. Whatever the nations of the world decide
about their futures, we are called upon to ensure that this
democracy means opportunity, for all who call it home. \\
Few have
No one in America -- no one -- has worked harder to deliver
the promise of democracy, to make an enduring dream a living
reality, than the men and women assembled here today -- and
particularly, these men and women behind me.
From its earliest origins, the Commission on Civil Rights
has been an independent, bipartisan voice for justice. The
2
Commissioners, the Directors, the Advisory Committees, all share
a cultural diversity, and an intellectual and moral conviction,
that are truly America's best. These men and women have earned
our admiration. Today, they deserve our thanks.
Joining a new Chairman, and my friend of many years, Art
Fletcher, are two outstanding additions: Carl Anderson and
Russell Redenbauch. I know Bob Dole shares my admiration for
Russell -- a man of impressive credentials -- who knows, as all
Americans should know, that physical disability will not be a
barrier to service in this Administration. That's why I remain
the
AMERICANSWI th Diaahchtres act to help exsure
firmly committed to landmark legislation extending protections to
equal rights and opportunities for ameriors.
those Americans with disabilities.
Over the last few days I've met to discuss pending civil
rights legislation with leaders representing America's rich
tapestry of cultural, religious, and ethnic diversity. I got, as
I knew I would, a great deal of sound advice, and as I imagined
I would, just a little constructive criticism, But these
leaders, this Commission, the Congress, and this Administration,
all share a common conviction for equal opportunity. It's a
responsibility I have always taken very seriously -- especially
now, when our most vital export to the world is democracy.
We must make sure that we as a nation lead by example. We
must see that true affirmative action is not reduced to an empty
slogan -- and that this principle has real, living meaning, for
all Americans. We will leave nothing to chance, and no stone
unturned, as we work to advance America's civil rights agenda.
3
This nation's progress against prejudice -- from the 1964
Civil Rights Act, to the Voting Rights Act, to the Fair Housing
and
Act, to the Age Discrimination in Employment Act) -- it has all
hinged on the principle that no one in this country should be
excluded from opportunity.
So
enacting
Today, we're committed to new measures -- like the Hate
Crimes Statistics Act, our fair housing initiatives, the HOPE
initiative, and revitalized enforcement of restrictions against
employment bias.
EL Many of this Administration proposals in fact, share
Seeks
common ground goals with the legislation being offered by Senator
Kennedy and Representative Hawkins 3 - goals of equal opportunity
and equal protection under the law. So we've supported efforts
for are americans goals that I know are should by
to ensure an individual's ability to challenge discriminatory
seniority systems. We've also moved to stiffen the penalties for
racial discrimination in setting or applying the terms and
conditions of employment A
Today, as we work to ensure that America represents
democracy's highest expression, I want to offer four principles
that must guide any amendments to our civil rights laws.
These principles are firmly rooted in the spirit of our
current laws -- and after the extensive discussions we've had
this week, I think they're principles on which we all of us --
including the leadership on the Hill -- can agree. So I will
enthusiastically support legislation that meets these principles.
First, civil rights legislation must operate to obliterate
4
consideration of race, color, religion, sex, nation of origin,
age, or disability from employment decisions. [[ Some provisions
of the Kennedy-Hawkins bill, with the best of intentions, still
have an unintended consequence: they encourage employers to make
decisions on the basis of these irrelevant characteristics to
avoid costly litigation. 0 In spite of recent amendments, the bill
encourages employers to base hiring decisions on the very
considerations our civil rights laws direct them to ignore. ]]
We seek civil rights legislation that is more effective, not
less. The focus of employers in this country must be on
providing equal opportunity for all workers -- not on developing
strategies to avoid litigation. No one here today would want me
to sign a bill whose unintended consequences are quotas --
because quotas violate the most basic principles of our civil
rights tradition, and the promise of democracy.
The surest, most insidious symptom of the perpetuation of
injustice was well understood by Dr. Martin Luther King, Jr.
Nearly 30 years ago he knew, as Americans of all walks of life
know today, that quotas are wrong. He wrote, in fact, that
"tokenism can now be seen not only as a useless goal, but as a
genuine menace. It is a palliative which relieves emotional
distress, but leaves the disease and its ravages unaffected."
We want to eradicate the disease. And America's minority
communities deserve more than symptomatic relief. They deserve
systematic solutions -- strategies that transcend statistics.
We should empower and ennoble our minority communities. We
invited
During my meetings this week, I challerged
the civilright leadeship to
5
should seek systematic change that allows every American to
excel. And I'm confident the leadership will work with me to
craft a bill, in the spirit of our record of civil rights
legislation, that moves us toward this goal.
Second, civil rights legislation must reflect fundamental
principles of fairness that apply throughout our legal system:
individuals who believe their rights have been violated are
entitled to their day in court, and an accuser must shoulder the
burden of proof. In every case involving a civil rights dispute,
constitutional protections of due process must be preserved.
Third, Congress must subject itself to the same requirements
it prescribes for others. In 1972, the Civil Rights Act of 1964
was justly applied to executive agencies and state and local
governments. Congress, however, is not yet covered. This
inconsistency must be remedied, to give Congressional employees
and applicants the full protection of the law. The Congress
should join the Executive Branch in setting an example for
private employers.
And fourth, Federal law should provide an adequate deterrent
to sexual or religious harassment, or harassment on the basis of
disability in the workplace, and should ensure a speedy end to
such discriminatory practices. In improving the remedies,
however, our civil rights laws should not be turned into a
bonanza for lawyers, encouraging litigation at the expense of
conciliation, mediation, or settlement.
We seek strategies that work -- putting power where it
6
belongs: in the hands of people. And that means new ideas, like
giving poor parents the power of an alternative, and choice in
toschool
where to send their kids -- so that all can have access to the
best. It means more tenant control and ownership of public
housing. Tax credits for child care, to give parents more
flexibility and choice. And policies that underwrite prosperity,
by encouraging capital flow to businesses in poor neighborhoods.
The door is open wider now than it has ever been -- and
together we can open it still wider. So let us look past the
differences that divide us, to the shared principles and better
natures we have within us.
To the Civil Rights leadership assembled here today: I have
offered you my hand, and my word, that together we will make
America "open and equal to all." This administration is
committed to action that is truly affirmative -- positive action,
in every sense -- to strike down all barriers to advancement, of
every kind, for all people. We will tolerate no barriers, no
bias, no inside tracks, no two-tiered systems, no glass ceilings,
and no rungless ladders.
Now is the time to extend a hand to all that struggle on the
other side -- and to devote our energies to a broader agenda of
empowerment, that all might join in this new age of freedom.
Thank you, and God bless you all.
###