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. |