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November 17, 2005

Changing New Orleans

http://www.leftturn.org/articles/SpecialCollections/katrina.aspx
ZNet | U.S.
November 06, 2005
by Jordan Flaherty

Its bittersweet being back in New Orleans. Although the architecture is the same, and its a relief to walk the streets and reunite with old friends, already this is a very different city from the one I love. Its a city where some areas are quickly rebuilding and other parts are being left far behind. A city where people who have lived here for generations are now unwelcome in a hundred different ways.

White New Orleans is steadily coming back, and Black New Orleans is moving out. A grassroots organizer with New Orleans Network tells me she has been speaking to people in every moving truck she sees. She reports that in every case, “they’re Black, they are renters, they’re moving out of New Orleans, and they say they would stay, if they had a choice.�

Inequality continues through the cleanup of New Orleans. Some areas have electricity, gas, and clean streets, and some areas are untouched. Medical volunteer Catherine Jones reports that driving the streets of New Orleans at night, “ I felt like I was in the middle of a checkerboard. The Quarter lit up like Disneyworld; poor black neighborhoods a few blocks over so dark I couldn't even see the street in front of me.�



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November 7, 2005

In Louisiana, Worker Influx Causes Ill Will

New York Times
November 4, 2005
By Leslie Eaton

GOOD HOPE, La. - Near this speck on the map southwest of New Orleans, where an oil refinery spouts flames into the sky and alligators are said to lurk in the green canals, sits something that is causing consternation across Louisiana: a camp for out-of-state workers cleaning up after the flood.

The camp, operated by a New York company called LVI Services, is not much to look at: a row of tractor-trailers crammed with bunks, a long line of portable toilets, a couple of R.V.'s and three tents with striped roofs. Gun-packing guards wear black T-shirts reading, "Police."

It is a temporary home for hundreds of LVI's workers, some of whom said they were in the United States illegally. They are commuting into New Orleans, swabbing the mold off walls, ripping the guts out of buildings, removing mountains of soggy debris.

Continue reading "In Louisiana, Worker Influx Causes Ill Will" »

November 4, 2005

25 Questions About the Murder of New Orleans

from The Nation: http://www.thenation.com/doc/20051017/davis
by Mike Davis & Anthony Fontenot
October 17, 2005


We recently spent a week in New Orleans and southern Louisiana interviewing relief workers, community activists, urban planners, artists and neighborhood folks. Even as the latest flood waters from Hurricane Rita recede, the city remains submerged in anger and frustration.

Indeed, the most toxic debris in New Orleans isn't the sinister gray sludge that coats the streets of the historic Creole neighborhood of Treme or the Lower Ninth Ward but all the unanswered questions that have accumulated in the wake of so much official betrayal and hypocrisy. Where outsiders see simple "incompetence" or "failure of leadership," locals are more inclined to discern deliberate design and planned neglect--the murder, not the accidental death, of a great city.

In almost random order, here are twenty-five of the urgent questions that deeply trouble the local people we spoke with. Until a grand jury or Congressional committee begins to uncover the answers, the moral (as opposed to simply physical) reconstruction of the New Orleans region will remain impossible.

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October 28, 2005

Katrina Hurt Blacks and Poor Victims Most

Differences larger by race than income
by David W. Moore, Senior Gallup Poll Editor
October 25, 2005

Shortly after Hurricane Katrina hit New Orleans and the surrounding areas, critics charged that a lack of concern for poor and black people who lived in the devastated areas was behind the slow response to the disaster, the assumption being that low-income people and black people were disproportionately likely to be victims. Even among victims, blacks and poor people were seen as more likely to suffer hardships than whites and high-income people.

Results from a CNN/USA Today/Gallup survey* allow a comparison of racial and income effects among actual hurricane victims. The poll was conducted six weeks after the storm hit the Gulf Coast. Interviews were conducted Sept. 30-Oct. 9 among people who had applied for Red Cross assistance because of damage they had suffered from Katrina. The Red Cross database included more than 463,000 names, and the poll interviewed a random sample of 1,510 by telephone, some by landline and others by cell phone.

A comparison of the experiences reported by these people shows that blacks and poor people were indeed more likely than whites and high-income people, respectively, to suffer from the hurricane. It also shows that there were larger racial differences than income differences.

Continue reading "Katrina Hurt Blacks and Poor Victims Most" »

October 25, 2005

Judge Throws Up Roadblock To Immediate Evictions in NO

By ALAN SAYRE
10/24/2005, 2:29 p.m. CT

The Associated Press
NEW ORLEANS (AP) — With thousands of New Orleans residents facing possible eviction, a judge on Monday temporarily blocked landlords from forcing out tenants unless hearings are held close to home.

Acting on a suit filed by community activist groups, Orleans Parish Civil District Judge Kern Reese issued a temporary order blocking eviction hearings from taking place at the New Orleans' post-hurricane court headquarters in Gonzales, roughly 60 miles west of the city.

The suit contends state law and the Louisiana Constitution require eviction hearings to be held in New Orleans — and any such proceedings conducted in another parish would be illegal.


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October 13, 2005

The Other America

By Jonathan Alter
Newsweek

An Enduring Shame: Katrina reminded us, but the problem is not new. Why a rising tide of people live in poverty, who they are—and what we can do about it.

Sept. 19, 2005 issue - It takes a hurricane. It takes a catastrophe like Katrina to strip away the old evasions, hypocrisies and not-so-benign neglect. It takes the sight of the United States with a big black eye—visible around the world—to help the rest of us begin to see again. For the moment, at least, Americans are ready to fix their restless gaze on enduring problems of poverty, race and class that have escaped their attention. Does this mean a new war on poverty? No, especially with Katrina's gargantuan price tag. But this disaster may offer a chance to start a skirmish, or at least make Washington think harder about why part of the richest country on earth looks like the Third World.

"I hope we realize that the people of New Orleans weren't just abandoned during the hurricane," Sen. Barack Obama said last week on the floor of the Senate. "They were abandoned long ago—to murder and mayhem in the streets, to substandard schools, to dilapidated housing, to inadequate health care, to a pervasive sense of hopelessness."

Continue reading "The Other America" »

October 11, 2005

Red Cross, Black Pastors at Odds

From The Los Angeles Times: http://www.latimes.com/news/nationworld/nation/la-na-pastors11oct11,0,3520878.story?coll=la-home-nation

Ministers in Atlanta say the aid organization has spurned their offers of help. About 50,000 Katrina evacuees have taken shelter in the city.
By Jenny Jarvie
Times Staff Writer

October 11, 2005

ATLANTA — When the Rev. Timothy McDonald arrived at a Red Cross shelter to serve baked chicken, collard greens and macaroni and cheese to hurricane evacuees, a Red Cross volunteer told him they could not accept his food.

McDonald, shocked and disappointed, approached a man who was serving food and asked him what group he was with.

"I'm with God," the man said.

Continue reading "Red Cross, Black Pastors at Odds" »

New Orleans: Leaving the Poor Behind Again!

By Bill Quigley
Bill is a professor of law at Loyola University New Orleans where he directs the Gillis Long Poverty Law Center and the Law Clinic and teaches Law and Poverty. Bill can be reached at duprestars@yahoo.com

They are doing it again! My wife and I spent five days and four nights in a hospital in New Orleans after Hurricane Katrina. We saw people floating dead in the water. We watched people die waiting for evacuation to places with food, water, and electricity. We were rescued by boat and waited for an open pickup truck to take us and dozens of others on a rainy drive to the underpass where thousands of others waited for a bus ride to who knows where. You saw the people left behind. The poor, the sick, the disabled, the prisoners, the low-wage workers of New Orleans, were all left behind in the evacuation. Now that New Orleans is re-opening for some, the same people are being left behind again.

When those in power close the public schools, close public housing, fire people from their jobs, refuse to provide access to affordable public healthcare, and close off all avenues for justice, it is not necessary to erect a sign outside of New Orleans saying “Poor People Not Allowed To Return.� People cannot come back in these circumstances and that is exactly what is happening.

There are 28,000 people still living in shelters in Louisiana. There are 38,000 public housing apartments in New Orleans, many in good physical condition. None have been reopened. The National Low Income Housing Coalition estimated that 112,000 low-income homes in New Orleans were damaged by the hurricane. Yet, local, state and federal authorities are not committed to re-opening public housing. Louisiana Congressman Richard Baker (R-LA) said, after the hurricane, “We finally cleaned up public housing in New Orleans. We couldn’t do it, but God did.�

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October 6, 2005

New Orleans fights to regain cultural roots

New Orleans fights to regain cultural roots
As black New Orleanians regroup and put down roots elsewhere in the wake of dislocation brought on by Hurricane Katrina, many are pondering the future of one of the nation's most complex African-American cultures.

http://g.msn.com/0MN2ET7/2?http://www.msnbc.msn.com/id/9567668&&CM=EmailThis&CE=1

September 27, 2005

DiversityInc Exclusive: FEMA's Almost All-White Leadership Plagued by Discrimination Complaints

DiversityInc Exclusive: FEMA's Almost All-White Leadership Plagued by Discrimination Complaints

By Yoji Cole
© 2005 DiversityInc.com®
September 20, 2005

You read it here exclusively. Information obtained by DiversityInc reveals the Federal Emergency Management Agency (FEMA) is an organization plagued by racial inequities, which makes clear the reasons for its inability to relate to and provide for people of color, especially low-income blacks.

Information obtained by DiversityInc through a federal Freedom of Information Act (FOIA) request shows FEMA's leadership is almost entirely white and the federal agency has been subject to a disproportionate amount of discrimination claims.

Race became a salient factor in judging the effectiveness of FEMA's response after DiversityInc learned that of the organization's 19 senior staff members listed on its Web site, only one is a person of color and only five are women. The only person of color is the director of FEMA's Office of Civil Rights, Pauline C. Campbell, a black woman.

In addition, employee complaints citing race and gender bias at FEMA have increased dramatically in the past year, according to DiversityInc's findings.

Despite a Freedom of Information Act request from DiversityInc, FEMA still has not released the racial/ethnic demographics of its entire staff of approximately 2,000 employees. FEMA did tell DiversityInc that of its 10 regional directors, all are white.

Discrimination complaints are soaring at the agency. In the first three quarters of FY2005 (the federal fiscal year ends Sept. 30), FEMA had more internal complaints based on race and sex than it had in 2003 and 2004 combined and more than it had in any year since 2000. The first three quarters of FY2005 saw race-based complaints more than double, from 12 in 2004 to 31 in 2005, according to data released to DiversityInc by FEMA.

The first three quarters of 2005 also saw complaints based on gender discrimination soar, up almost 400 percent, from 11 in 2004 to 43 in 2005. That also was an increase in complaints from 15 in 2003, 16 in 2002, 20 in 2001 and 17 in 2000.

The concept of diversity is prehistoric at FEMA, when compared with the in-depth and pervasive approach of companies on The DiversityInc Top 50 Companies for Diversity list. Take a look at FEMA's Web site, for example. The organization's diversity link, which should spotlight management programs, leadership, multicultural marketing and supplier diversity, doesn't do any of that. Instead, it only links to a year-long Calendar of Special Observance Programs, such as Martin Luther King Jr. Day, African-American History Month and Women's History Month. And, the organization's Equal Rights Officer Cadre mostly deals with complaints and resolution, according to FEMA's Web site.

Campbell, whose Equal Rights office should be providing and implementing diversity-management programs, such as employee-resource groups, mentoring programs and diversity training, did not return repeated calls from DiversityInc requesting an interview.

That Campbell is FEMA's only leader of color and that race, gender and sex complaints have increased indicates an organization whose leadership is ignorant of the benefit of having a staff that reflects the nation's demographics. FEMA lacks senior officials who are knowledgeable of culturally competent responses to victims and employees. Having leadership and staff of color becomes a life-and-death situation when it is FEMA, an organization providing relief through evacuation, food, money and medication.

This is of concern to black members of Congress as well, especially Rep. Bennie G. Thompson, D-Miss., the ranking member of the U.S. House Committe on Homeland Security.

"I just spoke to Michael Chertoff [head of the Department of Homeland Security] about an hour ago and told him that I'd been in several meetings this weekend in the areas affected by Hurricane Katrina and I had not seen one African American who works for FEMA," Thompson told DiversityInc Monday.

"I was in New Orleans, in Jackson, Miss., in Hancock County, Miss., this weekend and at every meeting there were a number of FEMA representatives but not one was African American," Thompson said.

The dearth of leaders of color becomes even more alarming when a great many of the citizens FEMA is supposed to help are people of color and poor. According to the U.S. Census Bureau, the population of New Orleans in 2000 was 485,000, of whom 326,000 (67 percent) were black, 136,000 white, and the remaining Asian American or Latino. Median incomes in New Orleans and the other affected areas are significantly lower than the national average. Based on poverty rate, Mississippi is the poorest state in the nation. Louisiana is the second poorest. The poverty rate in New Orleans prior to the storm was 23 percent, 76 percent higher than the national average of 13.1 percent. In Louisiana, blacks comprise 31.5 percent of the population but 69 percent of the children in poverty. Besides being poor, many families also lacked vehicles to get out of New Orleans. About 9 percent or 38,000 households in New Orleans did not have a vehicle available. Combined with low incomes and high poverty rates, it now appears that a significant number of families simply were not able to marshal the resources to evacuate and are now especially dependent on national relief efforts.

Which leader at FEMA understands the special needs of the people displaced by Katrina or how to relate to the victims—to best help them leave and to best help them rebuild their lives?

Thompson said he's already heard that black victims are not receiving equitable treatment from FEMA representatives. To make FEMA aware Friday, he sent a letter to FEMA's Acting Under Secretary of Emergency Preparedness and Response, R. David Paulison.

"I cannot ignore the anecdotal reports alleging inequitable treatment by Hurricane victims in their attempts to access immediate disaster relief services," wrote Thompson. "Actual or perceived inequity may hamper the ability of these Hurricane victims to have full access to all available federal benefits."

"Perceived inequity" is a key phrase in Thompson's letter. It is almost definite that perception cost lives in the early days of the recovery when gunshots were said to have stopped rescue and evacuation efforts. The perception was one of a city spiraling out of control as gangs of angry black people gathered unchecked, looting area stores. FEMA lacked leaders of color who could speak out against such perceptions.

Many of the residents in New Orleans were single mothers, and there is no indication that FEMA leaders thought that keeping black families together was important since many have been separated in shelters in different states. The perception: "As I saw the African Americans, mostly African-American families ripped apart, I could only think about slavery, families ripped apart, herded into what looked like concentration camps," said Cynthia McKinney, D-Ga., on the rescue and relocation efforts. Her thoughts were shared by many black television viewers. FEMA lacked the leaders of color who could speak out and say that separating black families echoed slave-era atrocities.

Another perception is that there is no need to provide exceptional relief for poor black citizens. The perception: "So many of the people in the arena here, you know, were underprivileged anyway, so this—this is working very well for them," said Barbara Bush to television reporters at Houston's Astrodome. FEMA lacked a leader of color who could tell the media and the public that the organization did not share Mrs. Bush's point of view.

As a result, the following perception prevails among the nation's black communities: "George Bush doesn't care about black people," said Kanye West on an NBC telethon for hurricane relief.

FEMA's leadership is sorely lacking in representation of color, people who could have contradicted the negative perceptions of not only the black residents of New Orleans marooned at the city's Superdome but of itself and the administration.

Purging the Poor

http://www.thenation.com/doc/20051010/klein

Purging the Poor
by NAOMI KLEIN

[from the October 10, 2005 issue]

Outside the 2,000-bed temporary shelter in Baton Rouge's River Center, a Church of Scientology band is performing a version of Bill Withers's classic "Use Me"--a refreshingly honest choice. "If it feels this good getting used," the Scientology singer belts out, "just keep on using me until you use me up."

Ten-year-old Nyler, lying face down on a massage table, has pretty much the same attitude. She is not quite sure why the nice lady in the yellow SCIENTOLOGY VOLUNTEER MINISTER T-shirt wants to rub her back, but "it feels so good," she tells me, so who really cares? I ask Nyler if this is her first massage. "Assist!" hisses the volunteer minister, correcting my Scientology lingo. Nyler shakes her head no; since fleeing New Orleans after a tree fell on her house, she has visited this tent many times, becoming something of an assist-aholic. "I have nerves," she explains in a blissed-out massage voice. "I have what you call nervousness."

Wearing a donated pink T-shirt with an age-inappropriate slogan ("It's the hidden little Tiki spot where the island boys are hot, hot, hot"), Nyler tells me what she is nervous about. "I think New Orleans might not ever get fixed back." "Why not?" I ask, a little surprised to be discussing reconstruction politics with a preteen in pigtails. "Because the people who know how to fix broken houses are all gone."

I don't have the heart to tell Nyler that I suspect she is on to something; that many of the African-American workers from her neighborhood may never be welcomed back to rebuild their city. An hour earlier I had interviewed New Orleans' top corporate lobbyist, Mark Drennen. As president and CEO of Greater New Orleans Inc., Drennen was in an expansive mood, pumped up by signs from Washington that the corporations he represents--everything from Chevron to Liberty Bank to Coca-Cola--were about to receive a package of tax breaks, subsidies and relaxed regulations so generous it would make the job of a lobbyist virtually obsolete.

Listening to Drennen enthuse about the opportunities opened up by the storm, I was struck by his reference to African-Americans in New Orleans as "the minority community." At 67 percent of the population, they are in fact the clear majority, while whites like Drennen make up just 27 percent. It was no doubt a simple verbal slip, but I couldn't help feeling that it was also a glimpse into the desired demographics of the new-and-improved city being imagined by its white elite, one that won't have much room for Nyler or her neighbors who know how to fix houses. "I honestly don't know and I don't think anyone knows how they are going to fit in," Drennen said of the city's unemployed.

New Orleans is already displaying signs of a demographic shift so dramatic that some evacuees describe it as "ethnic cleansing." Before Mayor Ray Nagin called for a second evacuation, the people streaming back into dry areas were mostly white, while those with no homes to return to are overwhelmingly black. This, we are assured, is not a conspiracy; it's simple geography--a reflection of the fact that wealth in New Orleans buys altitude. That means that the driest areas are the whitest (the French Quarter is 90 percent white; the Garden District, 89 percent; Audubon, 86 percent; neighboring Jefferson Parish, where people were also allowed to return, 65 percent). Some dry areas, like Algiers, did have large low-income African-American populations before the storm, but in all the billions for reconstruction, there is no budget for transportation back from the far-flung shelters where those residents ended up. So even when resettlement is permitted, many may not be able to return.

As for the hundreds of thousands of residents whose low-lying homes and housing projects were destroyed by the flood, Drennen points out that many of those neighborhoods were dysfunctional to begin with. He says the city now has an opportunity for "twenty-first-century thinking": Rather than rebuild ghettos, New Orleans should be resettled with "mixed income" housing, with rich and poor, black and white living side by side.

What Drennen doesn't say is that this kind of urban integration could happen tomorrow, on a massive scale. Roughly 70,000 of New Orleans' poorest homeless evacuees could move back to the city alongside returning white homeowners, without a single new structure being built. Take the Lower Garden District, where Drennen himself lives. It has a surprisingly high vacancy rate--17.4 percent, according to the 2000 Census. At that time 702 housing units stood vacant, and since the market hasn't improved and the district was barely flooded, they are presumably still there and still vacant. It's much the same in the other dry areas: With landlords preferring to board up apartments rather than lower rents, the French Quarter has been half-empty for years, with a vacancy rate of 37 percent.

The citywide numbers are staggering: In the areas that sustained only minor damage and are on the mayor's repopulation list, there are at least 11,600 empty apartments and houses. If Jefferson Parish is included, that number soars to 23,270. With three people in each unit, that means homes could be found for roughly 70,000 evacuees. With the number of permanently homeless city residents estimated at 200,000, that's a significant dent in the housing crisis. And it's doable. Democratic Representative Sheila Jackson Lee, whose Houston district includes some 150,000 Katrina evacuees, says there are ways to convert vacant apartments into affordable or free housing. After passing an ordinance, cities could issue Section 8 certificates, covering rent until evacuees find jobs. Jackson Lee says she plans to introduce legislation that will call for federal funds to be spent on precisely such rental vouchers. "If opportunity exists to create viable housing options," she says, "they should be explored."

Malcolm Suber, a longtime New Orleans community activist, was shocked to learn that thousands of livable homes were sitting empty. "If there are empty houses in the city," he says, "then working-class and poor people should be able to live in them." According to Suber, taking over vacant units would do more than provide much-needed immediate shelter: It would move the poor back into the city, preventing the key decisions about its future--like whether to turn the Ninth Ward into marshland or how to rebuild Charity Hospital--from being made exclusively by those who can afford land on high ground. "We have the right to fully participate in the reconstruction of our city," Suber says. "And that can only happen if we are back inside." But he concedes that it will be a fight: The old-line families in Audubon and the Garden District may pay lip service to "mixed income" housing, "but the Bourbons uptown would have a conniption if a Section 8 tenant moved in next door. It will certainly be interesting."

Equally interesting will be the response from the Bush Administration. So far, the only plan for homeless residents to move back to New Orleans is Bush's bizarre Urban Homesteading Act. In his speech from the French Quarter, Bush made no mention of the neighborhood's roughly 1,700 unrented apartments and instead proposed holding a lottery to hand out plots of federal land to flood victims, who could build homes on them. But it will take months (at least) before new houses are built, and many of the poorest residents won't be able to carry the mortgage, no matter how subsidized. Besides, it barely touches the need: The Administration estimates that in New Orleans there is land for only 1,000 "homesteaders."

The truth is that the White House's determination to turn renters into mortgage payers is less about solving Louisiana's housing crisis than indulging an ideological obsession with building a radically privatized "ownership society." It's an obsession that has already come to grip the entire disaster zone, with emergency relief provided by the Red Cross and Wal-Mart and reconstruction contracts handed out to Bechtel, Fluor, Halliburton and Shaw--the same gang that spent the past three years getting paid billions while failing to bring Iraq's essential services to prewar levels [see Klein, "The Rise of Disaster Capitalism," May 2]. "Reconstruction," whether in Baghdad or New Orleans, has become shorthand for a massive uninterrupted transfer of wealth from public to private hands, whether in the form of direct "cost plus" government contracts or by auctioning off new sectors of the state to corporations.

This vision was laid out in uniquely undisguised form during a meeting at the Heritage Foundation's Washington headquarters on September 13. Present were members of the House Republican Study Committee, a caucus of more than 100 conservative lawmakers headed by Indiana Congressman Mike Pence. The group compiled a list of thirty-two "Pro-Free-Market Ideas for Responding to Hurricane Katrina and High Gas Prices," including school vouchers, repealing environmental regulations and "drilling in the Arctic National Wildlife Refuge." Admittedly, it seems farfetched that these would be adopted as relief for the needy victims of an eviscerated public sector. Until you read the first three items: "Automatically suspend Davis-Bacon prevailing wage laws in disaster areas"; "Make the entire affected area a flat-tax free-enterprise zone"; and "Make the entire region an economic competitiveness zone (comprehensive tax incentives and waiving of regulations)." All are poised to become law or have already been adopted by presidential decree.

In their own way the list-makers at Heritage are not unlike the 500 Scientology volunteer ministers currently deployed to shelters across Louisiana. "We literally followed the hurricane," David Holt, a church supervisor, told me. When I asked him why, he pointed to a yellow banner that read, SOMETHING CAN BE DONE ABOUT IT. I asked him what "it" was and he said "everything."

So it is with the neocon true believers: Their "Katrina relief" policies are the same ones trotted out for every problem, but nothing energizes them like a good disaster. As Bush says, lands swept clean are "opportunity zones," a chance to do some recruiting, advance the faith, even rewrite the rules from scratch. But that, of course, will take some massaging--I mean assisting.
f c

September 20, 2005

Contractors Get Affirmative Action Exemption

From the New York Times
http://www.nytimes.com/2005/09/20/national/nationalspecial/20affirm.html?ex=1127880000&en=939008ddbe09d394&ei=5070&emc=eta1

September 20, 2005
By JONATHAN D. GLATER

The Labor Department has temporarily suspended government requirements that its contractors have an affirmative action plan addressing the employment of women, members of minorities, Vietnam veterans and the disabled if the companies are first-time government contractors working on reconstruction in the wake of Hurricane Katrina.

While employment lawyers said it was not clear how strong an impact the exemption would have, the move comes as President Bush has tried to address the perception of unfairness in the government's response to the hurricane.

Under the rules that normally apply to companies hired by the government, businesses with more than 50 employees working on contracts for more than $50,000 must develop an affirmative action plan. But according to a memorandum on the Labor Department's Web site, dated Sept. 9, the goal of the exemption in the case of recovery work associated with Hurricane Katrina is to reduce the burden of paperwork on government contractors and so encourage more companies to jump into assisting with rebuilding from the storm damage.

The exemption is to last for three months, unless it is extended.

"It does not waive affirmative action requirements, it does not waive job posting requirements, it does not waive their obligation not to engage in discrimination," said Charles E. James, deputy assistant secretary at the Labor Department. "It's very, very limited."

The announcement by the Labor Department came the day after President Bush announced the suspension of a law that requires employers to pay the locally prevailing wage to construction workers on federally financed projects. The order applies to parts of Louisiana, Mississippi, Alabama and Florida. In explaining the move, the proclamation stated that "the conditions caused by Hurricane Katrina constitute a 'national emergency.' "

The Labor Department affirmative action memorandum, which Mr. James signed, specifically states that laws against discrimination continue to apply to federal contractors, as do requirements that employers keep records and post notices stating that "equal opportunity is the law." The memorandum only affects the requirement that employers develop a written affirmative action program, Mr. James said.

The memorandum received little attention in the media frenzy over the aftermath of the storm and hearings on the nomination of Judge John G. Roberts Jr. to the Supreme Court. Protests against it began circulating online late last week.

"It is not simply a paperwork exercise," said Shirley J. Wilcher, deputy assistant secretary for federal contract compliance in the Clinton administration who is now the interim executive director of the American Association for Affirmative Action. "It is the basis for companies to be mindful of their obligation not to discriminate."

But it is not clear how the exemption may, in practice, affect employment practices at companies, said B. Scott Silverman, an employment lawyer at Morrison & Foerster in Los Angeles. Its impact depends on how much affirmative action plans actually affect short-term hiring, he said.

"The only companies that will end up being completely excused are those that are not doing business with the federal government now and might not otherwise try to do business with the government," Mr. Silverman said.

He added that he thought a three-month exemption would probably not affect employment practices greatly, especially in light of the dire need for employees to rebuild.

"I don't think this exemption is going to restrict those opportunities in any way, shape or form," Mr. Silverman said.

September 9, 2005

The Role of Race

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