All posts by Marc Brenman

ADR ADVISOR Marc Brenman served as Exec. Director of the Washington State Human Rights Commission and as Senior Policy Advisor for Civil Rights at the U.S. Dept. of Transportation. He held several positions with the Office for Civil Rights, U.S. Dept. of Education, served on the Diversity Standards Task Force of the Society for Human Resources Management and ASTM. He's on the Board of Advisors of The City Project/Los Angeles which focuses on health disparities. He also served on the President's Commission on Asian-Americans and Pacific Islanders.

Glossary: Terms Related to Diversity – by Marc Brenman

The following definitions are designed to accompany studies and materials on diversity, equity, equal opportunity, and nondiscrimination. The intent is to provide a common understanding to facilitate discussion and a common ground for discourse and action. The nature of the civil and human rights field, as well as human resources, is such that understandings change over time,  circumstances, and technological developments. Hence these definitions are subject to change, and in the spirit of the need for a common understanding, feedback is welcome, as well as suggestions for additional terms that need defining. 

Glossary of Terms Related to
Diversity, Equity, and Equal Opportunity

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A realistic approach to 2025 – by Marc Brenman

“When You Stare into the Abyss,
the Abyss Stares Back” ~Nietzsche

The most important event in the new year for the United States will be Trump’s resumption of the Presidency. Will this mean the end of American democracy, as he has pointed to with pronouncements like being a dictator, inciting insurrection, encouraging legal prosecution of critics and Democratic legislators, opposing a peaceful transition of elected power, nominating bizarre people for the highest Executive Branch positions, etc?

There has been much discussion as to what good-thinking people should do. Much of the verbiage concerns self-care, marching around, doubling down on beliefs unpopular with half the American electorate, etc. This reminds me of trigger warnings, safe spaces, and correct pronouns. I’ve been focusing instead on the following:

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Perspective on the Jewish New Year 2024 – by Marc Brenman

Rosh Hashonah means that it’s  a new year, but may not feel like one, with Covid returning and Trump threatening to come back. But he’s facing more days in court. The book of Proverbs says “To do righteousness and justice is preferred by God above sacrifice” (Proverbs 21:3). The psalmist exhorts: “Give justice to the weak and the fatherless; maintain the right of the afflicted and the destitute” (Psalms 82:3).

October 2, 2024, is the beginning of the 10 Jewish High Holy days beginning with Rosh Hashonah. It means “the head of the year.” Some say it’s is the birthday of the universe, the day God created Eve and Adam. 

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Freedom Essay – by Marc Brenman

Do we really need another essay on freedom? When’s the last time you read one? It’s good to be reminded occasionally of meaningful basics. We get accustomed to being unfree, so it’s a good idea to be reminded of what freedom is. It’s also useful to be reminded that freedom, in the form of unfree people, is at the root of the American birth defect. We fought a Civil War over that idea. It’s also useful to note that there are fake or faux freedoms, like the desire, effort, and ability to overthrow free and democratic elections, as Trump supporters and many Republicans attempted after the November 2020 elections. Jefferson Cowie in his book Freedom’s Dominion: A Sage of White Resistance to Federal Power, noted that the Right has turned “freedom” into a dog whistle. 

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Comparisons of Anti-Vietnam War Protests and Pro-Palestinian Protests – by Marc Brenman

Recently I was asked to compare and contrast the Anti-Vietnam War Protests of the mid to late 1960’s and early 1970’s with the current Pro-Palestinian, Pro-Gaza, and Anti-Israel protests, largely on college campuses. I was very active in activities against the War in Vietnam while in college and graduate school. I have some regrets at some of the stupid things I said and did. Therefore I try to understand the current demonstrators. I had a ox being gored—fear of being drafted. Thus, I had a personal stake in the actions. Today’s students have no such stake. It is especially notable that most of the groups opposing Israel’s stance in the Gaza War have no stake whatsoever in that part of the world. 

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Politics, Supreme Court and Decisions 2024 – by Marc Brenman

Very recently, the U.S. Supreme Court ruled that only Congress could keep anyone off a ballot due to “[engagement] in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof,” under the 14th Amendment to the Constitution. The Colorado Supreme Court had kept Donald Trump off the state’s ballot because of his participation in the insurrection at the Capitol on January 6, 2021. The Court was silent on whether Trump has committed insurrection or not. Allegedly, the Court’s 9-0 decision was due to its fear that political chaos could result if it ruled in Colorado’s favor.

This judicial philosophy is know as consequentialism, making decisions based on the anticipated consequences of the decision. Other major ways of making decisions include stare decisis, depending on previous decisions; strict constructionism, depending on the plain black letter words of Congress and the Founding Fathers; and Originalism, depending on the intent of the Founding Fathers and authors of the Constitution.

The current conservative majority of the Supreme Court has pretended to be Strict Constructionists and Originalists. They showed this tendency for example, in the anti-abortion decision, where they noted that a right to abortion is nowhere found in the Constitution. They shoved the decision off to the states to make. But wait! Secretaries of the states have always made the decision as to who would be allowed on ballots. So the current Court is at a minimum inconsistent, if not hypocritical. Another example of them straying from their beliefs is their decisions on gun control. Here they ignore the plain, original language of the Constitution, which prefaces a right to bear arms with the phrase “a well-regulated militia.” Clearly, no individual acting on his own is a well-regulated militia or a militia of any kind.

If one thinks along the consequentialist lines of the current Supreme Court, where does one end up? The next shoe to drop will be the Court’s decision on Trump’s desired immunity from prosecution. If the Court rules that he is immune, they are giving up American democracy and creating the probability of an American emperor. If the conservative majority rules this way, they will have ignored what President George Washington tried to teach us when he refused to become king.

American democracy has been a mixed bag; we’ve had only about about 140 years without slavery, 100 years of women’s rights, about 80 years of Asian-American rights, about 50 years of children who don’t speak English being able to get a public education, and less than 50 years of disability rights and environmental justice. Even those timelines were sullied by Jim Crow, segregation, redlining, domestic violence, discrimination, and inadequate enforcement of civil rights laws. It was a noble experiment, now ready to be handed back to white male nondisabled suprematists who have nostalgia for slavery and declared War on Women. Trump and his American Nazis are ready to declare victory. About 38 to 48% of the American electorate are ready to surrender their human rights to achieve their view of economic prosperity. This is similar to the Peoples Republic of China, and includes about 52% of white women, half of people with disabilities who vote Republican, and even a substantial minority of African-Americans and Hispanics, all voting against their self-interest.

There seems to be no remedy for masses of people who desire to harm themselves. Undocumented people coming across the southern border have tried to save us from ourselves. Their criminal conviction rate is about 45% below that of native‐born Americans in Texas. But maybe Texas is an aberration. On the other hand, these undocumented people have been growing our food, caring for our children, fixing our roofs, mowing our lawns, and generally doing all the hard work we’ve gotten too lazy to do.

Meanwhile, Democratic congresspeople and mayors in Michigan and senators from Maryland and Virginia are focusing on issues a third of a world away in Palestine instead of serving their constituents. For example, 47% of Cong. Tlaib’s constituents are Black, who have no stake whatsoever in the Middle East, but have many domestic challenges and needs. There must be some middle ground. But as the saying goes, if you see a turtle on its back on a fencepost, it didn’t get there by itself.

10 Strategies for Leadership in Divisive Times – by Marc Brenman

There are a great many extremely difficult challenges facing humanity in near-future years. How can leaders be assisted in navigating these challenges? Some of the leaders are causing or exacerbating the challenges, and so can’t be helped. Other of the challenges are lead by long term trends or technological developments. So for many of the challenges, there isn’t much hope. National culture change in a positive direction is extremely difficult, and is usually overcome by ideology, climate, geography, evil, natural resources, culture, and technology. Each has its own trajectory. Artificial intelligence provides a good example—can effective intervention be obtained before the technology runs away?

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Current Implications of Black History Month – by Marc Brenman

In 1926, Dr. Carter Godwin Woodson, an African-American historian, writer, and educator, created Negro History Week to honor the contributions of people of African descent in the U.S. He founded the Association for the Study of Negro (now African-American) Life and History in 1915 and the Journal of Negro History in 1916. Born in 1875 to former enslaved people in New Canton, Virginia, the Harvard-educated Woodson chose February for Negro History Week because the birthdays of abolitionist Frederick Douglass and President Abraham Lincoln fall then. He wrote, “What we need is not a history of selected races or nations, but the history of the world void of national bias, race, hate, and religious prejudice.” Dr. Woodson contributed to our understanding that a better knowledge of history is critical for people in the African diaspora to achieve greater pride, self-determination and collective progress.  Negro History Week itself changed. About fifty years later, near the close of the Black Power period (early 1970s), the celebration was renamed Black History Week and later expanded to Black History Month in 1976.

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Diversity and Equity Trends 2023 – by Marc Brenman

What we can anticipate and expect

The current Supreme Court will continue to whittle away at civil and human rights. Advocates will continue to sign petitions, march, and hold demonstrations, as if these activities would cause the federal judiciary to change its mind. They won’t. 

The US will continue to become more diverse, especially by Hispanics and Asian-Americans. More people will identify as multi-racial. The percent of African-Americans will continue to remain relatively constant. However, despite this, the diversity practitioner and CDO field will continue to be dominated by African-American women. 

The Chief Diversity Officer function will continue not to be represented at the executive team table along with other mission critical functions. 

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Threats to Affirmative Action and DEIA – by Marc Brenman

There is much confusion today between affirmative action, which is under threat by lawsuits in the U.S. Supreme Court, and Diversity, Equity Inclusion and Accessibility (DEIA), which is under no such threat, as long as practitioners stay away from race-based quotas and preferences. How can we educate the field about this?

The Supreme Court cases involve allegations by some Asian-American groups that their applicants should be admitted to prestigious colleges like Harvard at a higher rate because other applicants like African-Americans are given a preference. One should bear in mind that Asian-American students are already enrolled in such colleges at a rate far exceeding their presence in the American population, so these cases are not about proportional representation, or a “student body that looks like America.” In some cases, such as the University of California at Berkeley, the undergraduate enrollment is about 48% Asian-American. So these cases involve an extreme form of a desire for merit-based judgments by gate holders.

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