Equal Treatment for Asian American Contractors Long Overdue

By Myron Dean Quon, Esq.

Chicago - In addition to marking Abraham Lincoln's birthday, this week will also herald the restoration of a historic affirmative action contracting law for Cook County which, in no small way, will enhance the former president's legacy of equal opportunity for all in his home state of Illinois.

The reenactment of this new law, coming more than six years after a lawsuit halted the county's contracting program, will level the playing field for minority- and women-owned businesses which continue to languish in the face of discrimination in the construction industry. Traditional barriers have included difficulty in accessing and, thus,
amassing capital, disproportionately higher interest rates and denial of work contracts as a direct result of the infamous "old boys' network" - all of which have conspired to keep white-owned businesses flush with income, while leaving others in the shadows. Unlike Chicago's affirmative action program, however, Asian American contractors in surrounding Cook County will be included as a presumptive minority group.

Since 2004, when Chicago hurriedly introduced its own affirmative action program in response to a lawsuit by non-M/WBE contractors, Asian Americans have been systematically excluded as a minority group that suffers from discrimination - despite the fact that 60 percent of all Asian Americans are foreign-born. At the same time, the city voiced concern about the lack of statistical data demonstrating such discrimination.

Recently, Colette Holt, the city expert who drafted the 2004 ordinance, along with other concerned parties, presented Chicago's Committee on Economic Development with clear evidence demonstrating discrimination against Asian Americans - proof which prompted the committee to unanimously amend the Chicago program to include Asian Americans as a presumptive minority group.

The committee relied on the Cook County ordinance, which is inclusive of Asian Americans, and includes evidence of discrimination against Asian American contractors in Cook County.

In addition, Chicago's federal appellate court upheld the Illinois Department of Transportation's affirmative action program that is inclusive of Asian Americans last month, having also found evidence of discrimination against them. A portion of the litigation included statistics indicating that racial bias impeded the actual formation of
Asian American construction firms, while decreasing the generation of revenue.

Other key evidence included a 2006 Cook County report showing that, absent an affirmative action program, virtually no County contracts are awarded to Asian American contractors. Meanwhile, the nation's premiere expert on M/WBE programs submitted an economic analysis of Asian American businesses in the region only to discover that, without this discrimination, these businesses stand to make an additional $40 billion in annual revenue.

The hallmarks of President Lincoln's actions represent the values of prosperity, equality and fairness for all - especially in his home state. As the biggest city in Illinois, Chicago owes it to Lincoln's memory and place in American history to immediately amend the city ordinance to include Asian American contractors - thereby helping to ensure all Americans can come closer to his ideal: having a stake in a discrimination-free society.

Myron Dean Quon is the Legal Director for Asian American Institute, the Midwest region's premiere pan-Asian advocacy organization. AAI has led the efforts to ensure that Asian American contractors are treated fairly by the City and County.