New lawsuits advance local affirmative action programs through better research

Economist provides data that supports cases for programs

Published November 17, 2003; Category: ARTS & SCIENCES

Research by Dartmouth economist David Blanchflower on discrimination in credit markets has been at the heart of four precedent-setting lawsuits recently. In each case, the plaintiffs were challenging the constitutionality of local and state programs that favor minority-owned businesses in granting government contracts.

"The U.S. Supreme Court has said local affirmative action programs must be 'narrowly tailored' to address the specific discrimination problems in a particular place. But even before that, the local government has to prove that there is a 'compelling interest' - in this case, persistent discrimination -- that justifies the program," Blanchflower explained.

Until recently, every municipal or state program that had been challenged in court was struck down because the local governments could not meet both criteria. For many small or medium sized cities, collecting the amount of information necessary to prove their cases in court was a daunting task.

"Often it becomes a resource issue. They just don't have the money or the staff to do the research," he said.

Blanchflower's research is helping turn the tide by giving towns and states the evidence they need about both the need for the programs and their effectiveness in addressing problems. Of the twelve or so cases he's been involved with, there have been only four decisions, but all of them have upheld the affirmative action programs, giving city and state governments their first-ever successes on this issue.

"My job is to document the discrimination that exists, then show how the programs target the problems in that area," he said. For example, in some cities, he has uncovered data that show a drastic decrease in participation by minority-owned businesses when affirmative action programs were removed.

by TAMARA STEINERT