tfp14

"THE FINE PRINT"

The musings of Michael Schrader

     QUALIFICATIONS A MEANS FOR LEGAL DISCRIMINATION
(Published in 1994 in the Farmington Press-Leader. Posted in toto with Preface and Epilogue 23 July 2001)

PREFACE -- There are ways to discriminate legally. One is through the concept of qualifications. I have found that qualifications can be so tightly written that one and only one firm is qualified. As a small businessman, I find qualifications to be very frustrating -- I spend a lot of time and effort responding to qualification requests, only to have my qualifications categorically discarded for the most ridiculous reasons. I am not the only small businessperson that this has happened to. What’s even worse is when the rules are ignored in order to make sure that the pre-selected firm passes the qualification screening. Personally, I would much rather be told up front that I do not have a chance so that I do not waste any time and energy on a fruitless effort.

        Throughout the years, immigrants have come to the United States under the premise that all Americans are given the opportunity to succeed or fail based upon personal characteristics rather than institutional ones. For example, a hard-working Irishman was not able to achieve the same degree of success as a lazy Brit in Ireland because the British political and social system forbade it; yet in the United States, the hard-working Irishman would be able to achieve more success than the lazy Brit because personal characteristics, not institutional, determined success or failure.
       Sadly, the "land of opportunity" the lured so many away from their homes no longer exists. Success is no longer determined by what you know or how efficient you are but rather who you know. In some instances, this favoritism is quite blatant and obvious; in other instances, it is so subtle and surrealistic one would think it is the plot to an Oliver Stone movie (i.e. unrealistic). But unfortunately, it is not part of a bad Oliver Stone movie; it is real, and it is eating away at our way of life like a cancer.   By the time we detect its presence, it is too late.
        One of the most subtle forms of favoritism is the use of qualifications. These days, there are qualifications for everything. While qualifications are important, the qualifications that are required can greatly bias who gets the job.
       Take a city, for example. By law, cities must advertise open positions. Say, for instance, that a particular city wants to promote from within. How then to ensure that the person to be promoted will get the open position? Simple. Require qualifications that only the designated promotee will meet.
        Sound ludicrous? You bet. Does it actually happen? You bet. And much more frequently than you think. This gerrymandering is not limited to matters of personnel. Many "competitive bid" contracts are gerrymandered as well to ensure that one particular company is awarded the contract. I know of specifications that have been worded so that the only bidder would be a particular company. (In one case, though it backfired, and the company that the specifications were tailored to did not even bid the project.)
       The tragedy of this situation is that many people (both individuals and companies) invest both time and money bidding for jobs they will never get while they could be devoting their efforts elsewhere. I have experienced this situation on numerous occasions, and it is frustrating, for I always feel like I wasted my efforts. Personally, I would rather be told up front not to bother so I can focus my attention elsewhere.
       Blatant favoritism manifests itself in the form of no-bid contracts. With no-bid contracts, the illusion of fairness is disregarded altogether. With competitive bids, there is at least a chance, albeit a slim one, that a non-biased decision will actually be made. With a no-bid contract, there is no such chance. This type of blatant favoritism is just as hideous as racism or sexism, as it denies opportunities.   One of our local communities just signed a sizable no-bid contract with a non-local company. Local companies were not even given the opportunity to bid on the job. The reason given? Familiarity. The real reason? Unknown.
       The fact is that the local companies are being blatantly denied opportunity, much like blacks were denied opportunity for decades in the old Confederacy.   It didn't matter to the whites in the South how well the blacks could do a job; they were never given the opportunity. With the awarding of no-bid contracts, it is apparent it doesn't matter how well other companies or people can do a job; they are not being given the opportunity.
       A rose by any other name is still a rose. Denying of rights and opportunities, regardless of whose rights and opportunities are being denied, is still cruel and wrong.


EPILOGUE -- And it continues. My efforts are still wasted, and the crusade goes on . . .