Despite the unfortunate and misleading headlines to the contrary, a federal court’s recent decision established, for the first time, that there is a legal basis for Chicago’s affirmative-action program (“Chicago set-asides illegal; Judge gives city 6 months to fix minority-contract program,” Page 1, Dec. 30). Although there are some formidable hurdles ahead, the court’s ruling has created a watershed opportunity for the city to lead the nation in recasting municipal affirmative action programs for the 21st Century.
The city has six months to transform the concept of affirmative action from a program designed solely to address historical discrimination to an integrated strategy of narrowly tailored remedies that not only address past discrimination but also look to the future to advance the concepts of inclusion, economic development and best business practices.
Yes, the city’s legal team must craft a carefully worded document that addresses the judge’s legal questions. The legal framework of the new program, however, must also incorporate the race-neutral concepts of capacity building for small businesses and advance access to capital and bonding. Models of these programs are already in place at the Chicago Transit Authority and the Illinois Department of Commerce and Economic Opportunity.
Strategic sourcing, supply networks and outsourcing are but a few of the strategies that must be considered as the new program is put in place.
By taking advantage of this unique opportunity, the city will create a new value proposition for municipal economic opportunity initiatives throughout the country. A process based on the positive contributions of minority- and women-owned businesses to a community’s future through contributions to municipal supply chains and economic development rather than just merely a remedy for past ills.
Having been a member of the first Affirmative Action Advisory Board that was empowered to implement to city’s program, I must applaud Mayor Richard Daley and the entire legal team involved in the defense of the city’s affirmative-action program for their efforts. This same leadership will ensure the diverse participation of all Chicago’s communities in the future business opportunities of our city.
