wrmea.com

October 1991, Page 45

The Middle East and the Law

Arab-American Businessman Achieves Breakthrough With Minority Status

By Omar M. Kader

In 1986 I experienced an incident of blatant prejudice that resulted in the loss of a contract and a substantial amount of money. The group involved felt secure in discriminating against me and even bragged to others that bias against Arab Americans is not the same as that against members of other American ethnic groups officially designated as minorities. At the time it happened, I assumed it was an aberration. I have since learned that discrimination against Arab Americans in the business world, although subterranean, is widespread.

Discrimination against minorities, including Arab Americans, is not solely a political issue. There are pernicious and subtle costs for those who experience bigotry. In my case, it had serious economic consequences, because my company provided management services and computer equipment related to security of buildings. People found it hard to imagine a Palestinian offering security services when popular perception was that Palestinians are all terrorists.

I had not planned to seek special status. I only wanted fair treatment.

Arab Americans suffer discrimination in the same fashion as do Asian Americans, Hispanics, women, Native Americans and African Americans. Each group encounters bias and prejudice based on its past experience. In our case, discrimination emanates from the Arab-Israeli conflict and from Israel's partisans in this country who, consciously or unconsciously, attempt to portray us unfavorably.

The Small Business Administration Capital Ownership Development Program, also known as the 8(a) Program, enables small companies owned by people who can prove disadvantage to obtain federal government contracts. Although there are very stringent conditions, rules and regulations to qualify, the application itself is simple. It is the supporting documentation that requires a substantial amount of information relating primarily to business track record, potential for success and marketable services.

To combat the economic effects of discrimination, minority owned businesses can get institutional redress and apply for minority status with the Small Business Administration (SBA). This status in the past has been given with ease to Asians, Hispanics and African Americans, but few if any Arab Americans applied for or received this status, since the SBA did not consider us to be a minority group suffering from discrimination.

I sought 8(a) status for three reasons: 1) I have experienced bias and could document discrimination against Arab Americans; 2) I had to overcome this bias in contracting; and 3) other Arab Americans who experience discrimination would benefit from my effort.

It took nearly four years to receive 8(a) certification from the SBA. Nor had the decision to apply come easily. I had not planned to seek special status. I only wanted fair treatment.

I decided early on not to sue, even in cases where I felt I could prove discrimination, because of my lack of personal resources to sustain a suit. Nor did I know of any group or institution with the will to carry a civil suit through to a successful conclusion. I sought remedy through a government program because I wanted to stay in the management services business, not just win lawsuits.

I decided to apply for 8(a) status after losing a string of contracts that involved outright discrimination. In one instance, a senior officer of a company simply told a subordinate that no contracts would be given to a Palestinian. On another occasion, a State Department procurement specialist said he would not give a contract to a Palestinian under any conditions.

He was dumb enough to say it in a group. I asked each person present when the statement was made to draw up an affidavit, sign it and give me a copy. They all complied and I submitted the memos with my 8(a) application. While my application was under review, I was later informed, one reviewer opposed approval because "a Palestinian has no business trying to break into the government contracting field." That really helped my case with the others on the committee.

A reader might think getting 8(a) certification ends discrimination. It does not. After I received the designation, a government small business specialist assigned to assist me in getting business recommended I change my name to improve chances of getting more contracts.

A significant contribution to the success of MY application, besides my own documented experience, was the availability of literature showing negative stereotyping of Arab Americans. I made the case in five categories: textbooks, court cases, movies, popular literature and the news media and its political rhetoric.

Making the Case

To make the case that there is ample evidence of racism against Arab Americans, I relied heavily on the works of Edward Said, especially his book Orientalism. In addition, I relied on an article by Kathleen Christison, "The Arab In Recent Popular Fiction," in The Middle East Journal, Summer 1987.

One unexpected but very useful strategy that I stumbled upon was to include the numerous negative reviews of The Haj, by Leon Uris, to show how Uris negatively depicted Arabs and Islam in this and previous books.

Other books and articles were also helpful in proving racism and negative stereotyping. I am particularly grateful to the American Arab Affairs Council for publishing Edmund Ghareeb's Split Vision: The Portrayal of Arabs in the American Media. It is an excellent survey of the nature of the problems faced by Arab Americans in the past and currently. The TV Arab by Jack Shaheen was also very useful. And thanks to Khalil Jahshan, executive director of the National Association of Arab Americans, I was able to build a file of legal cases regarding discrimination that had been settled in favor of Arab Americans.

After I had compiled the documentation, my case was still delayed for many months. I finally sought out and received help from a US senator, and close acquaintance, from my home state of Utah. His office monitored the process to assure fair treatment during the last year of the application. He did it in spite of the fact that we are of opposite political parties, and that I had been active in Utah politics when I was a graduate student and university instructor there. I believe the SBA had hoped I would just go away.

Gaining full, open and fair access to contracting opportunities allows me to pursue MY business without the difficulties posed by bias, racism and negative stereotyping. Having 8(a) certification opens the way for me to pursue my business without the continual problems associated with discrimination.

Arab Americans must take every step possible to work against discrimination in our society. Our children will have better lives in a society that is sensitive to negative stereotyping of Arab Americans.

Omar M. Kader is a Palestinian-American activist who owns and operates a business in Reston, VA.