University of Baltimore Law Review Volume 48 | Issue 2 Article 3 2019 Radical Reconstruction: (Re) Embracing Affirmative Action in Private Employment Hina B. Shah Golden Gate University School of Law,
[email protected] Follow this and additional works at: https://scholarworks.law.ubalt.edu/ublr Part of the Labor and Employment Law Commons Recommended Citation Shah, Hina B. (2019) "Radical Reconstruction: (Re) Embracing Affirmative Action in Private Employment," University of Baltimore Law Review: Vol. 48 : Iss. 2 , Article 3. Available at: https://scholarworks.law.ubalt.edu/ublr/vol48/iss2/3 This Article is brought to you for free and open access by ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in University of Baltimore Law Review by an authorized editor of ScholarWorks@University of Baltimore School of Law. For more information, please contact
[email protected]. RADICAL RECONSTRUCTION: (RE) EMBRACING AFFIRMATIVE ACTION IN PRIVATE EMPLOYMENT Hina B. Shah* You do not take a person who, for years, has been hobbled by chains and liberate him, bring him up to the starting line of a race and then say, “you are free to compete with all the others,” and still justly believe that you have been completely fair.1 I. INTRODUCTION The history of employment in this country is the history of racism.2 Using public and private mechanisms as well as violence to devise and enforce segregation and preferential treatment, the white male institutionalized an unprecedented advantage in the labor market.3 Yet this is rarely acknowledged as a factor in the current widening economic disparity between whites and blacks.4 Today, many white Americans, cloaked in the myth of colorblindness and meritocracy, refuse to see the persistence of racial prejudice, disadvantage and discrimination in the labor market.5 Racial discrimination against blacks has a singular, unique history in this country, which continues to shape their economic progress and * Hina B.