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ACA 5 will create fair opportunities for all Californians and prevent discrimination against women and people of color by allowing gender, racial, and ethnic diversity to be considered as one of many factors in public employment, public contracting and public education.
06/24/2020 (Update): The California State Senate passed ACA 5! The bill will be on the November ballot for the 2020 Elections. To check if you are registered to vote, or need to register to vote, please go to mymuslimvote.org/voting.
06/17/2020 (Update):
ACA 5 just passed the State Senate Labor, Public Employment, and Retirement Committee! The bill will be facing the Appropriations Committee next and will then be onto a floor vote. Let's continue the momentum by urging our Senators to #VoteYESonACA5!
Background:
Proposition 209 (Prop. 209), entitled the California Civil Rights Initiative, approved by California voters in 1996, added Article I, section 31 to the California Constitution to prohibit race-and gender-conscious remedies that rectified the underutilization of women and people of color in public employment, contracting and education. The anti-equal opportunity measure ended almost all programs designed to open the doors of equal opportunity for women and people of color in California’s public sector.
Affirmative action and equal opportunity programs began in earnest with the Kennedy administration’s Executive Order 10925, which required all government contractors to “take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, or national origin.” Federal statutes required government entities to take proactive steps to ensure fair and equal opportunities for previously excluded groups. For example, the Public Works Employment Act of 1977 required any local entity that received federal funds for public works projects to ensure that a specified portion of those funds went to an M/WBE (minority or women-owned business enterprise).
In California, prior to Proposition 209, the opportunity gap faced by women and people of color had begun to shrink as state agencies enacted policies to eliminate traditional patterns of segregation and exclusion in the workforce and to increase the representation of women and minorities in the state service, without effectuating quota systems (Regents of University of California v. Bakke). 209 barriers. Many businesses owned by women and people of color closed and most procurement and sub-contracting processes remain effectively closed to these groups due to the changes brought on by Prop. 209. The impact of Prop. 209 has hindered the State’s ability to eliminate discrimination and disparity.
However, after the passage of Prop 209 California’s interest in supporting the equal participation of women and addressing the historical and present displays of gender bias and in creating policies to enforce anti-discrimination in the workplace and on public projects was impeded.
California ended its MWBE program due to the passage of Prop 209 and only a few MWBEs regained contracts with the state. California’s MWBEs have lost $1 billion annually in lost public contract awards directly due to Prop. 209 barriers. Many businesses owned by women and people of color closed and most procurement and sub-contracting processes remain effectively closed to these groups due to the changes brought on by Prop. 209. The impact of Prop. 209 has hindered the State’s ability to eliminate discrimination and disparity.
It diminished the diversity efforts for our civil servants including agency/department leadership; our teachers, staff, faculty, administrators on all levels of education and our emergency responders including police and firefighters. Moreover, it directly led to a 12-60% reduction in admission and enrollment of students of color at the University of California depending on location.
California is one of only eight states to have an anti-equal opportunity ban. ACA 5 will remove Article I, section 31 from the California Constitution and restore affirmative action to allow our state and local governments to join forty-two other states and the federal government to operate programs that provide access to equal opportunity programs and economic advancement. ACA 5 would also allow California voters to express their views about remedies for gender bias and disparity and to remove the ban on equal opportunity—repeal Proposition 209.
What is Being Asked of California Legislators:
Support ACA 5, which would remove Article I, section 31 from the California Constitution and restores it to allow our state and local governments to join forty-two other states and the federal government to operate programs that provide access to equal opportunity programs and economic advancement. ACA 5 would also allow California voters to express their views about remedies for gender bias and disparity and to remove the ban on equal opportunity—repeal Proposition 209.
Resources:
ACA 5 Introduced to Repeal Proposition 209” (11 March 2020). Equal Justice Society.
Resources from the Opportunity for All coalition.
Please fill out the form below to send your message to the Senators!
Council on American-Islamic Relations, California (CAIR-CA)
CAIR Los Angeles
2180 W. Crescent Ave., Suite F Anaheim, CA 92801
(714) 776-1847
CAIR California San Francisco Bay Area
3160 De La Cruz Blvd., Suite 110, Santa Clara, CA 95054
(408) 986-9874
CAIR California Sacramento Valley/Central California
1122 Del Paso Blvd., Sacramento, CA 95815
916-441-6269
CAIR California San Diego
7710 Balboa Avenue, Suite 326, San Diego, CA 92111
858-278-4547
ACA 5 will create fair opportunities for all Californians and prevent discrimination against women and people of color by allowing gender, racial, and ethnic diversity to be considered as one of many factors in public employment, public contracting and public education.
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Council on American-Islamic Relations, California
Greater Los Angeles Area Office
2180 W. Crescent Ave., Ste. F | Anaheim, CA 92801
www.cairla.org | 714.776.1847
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Council on American-Islamic Relations, California
Greater Los Angeles Area Office
2180 W. Crescent Ave., Ste. F | Anaheim, CA 92801
www.cairla.org | 714.776.1847
Council on American-Islamic Relations, California
Greater Los Angeles Area Office
2180 W. Crescent Ave., Ste. F | Anaheim, CA 92801
www.cairla.org | 714.776.1847