Bush Climbs Down, the Nation Overcomes : Does civil rights deal herald new attitude at White House?

Why did a compromise take so long?

For nearly two years, President Bush stonewalled on civil rights. He inveighed against bills put forward by Democrats and Republicans. He angrily dismissed bipartisan legislation as “quota” bills. He rejected attempts to find common ground. In a nod to divisive racial politics, the President stoked white fears of losing jobs to minorities.

Finally, in a stunning reversal of a veto threat made earlier this week, Bush has agreed to a compromise on civil rights legislation that would reverse the effect of a series of 1989 Supreme Court decisions that have made it harder to prove job discrimination and collect damages. Finally, Bush appears willing to be President of all Americans.

The bill that Bush can now live with barely differs from the compromise legislation sponsored for months by Sen. John C. Danforth (R-Mo.), who has worked tirelessly to return equity to the workplace.

When asked to explain how the agreed-on legislation differs, the President said in a news conference: “It is very technical, and all I know is I can simply certify it is not a quota bill. It is a fair bill, and it is going to hit a lick against discrimination in the workplace. . . . “ Fine, Mr. President. Have it your way.

At least women are partial winners in the compromise. Under current law, victims of gender discrimination can only recover back pay, unlike victims of racial discrimination who have the right to collect damages. The Republicans and Democrats, both mindful of the political bitterness lingering in the aftermath of Prof. Anita Hill’s allegations of sexual harassment against now-Justice Clarence Thomas, agree that women who can prove intentional discrimination should be able to collect punitive damages rewarded by a judge or a jury. The compromise bill would not permit sky’s-the-limit settlements for gender discrimination but rather would limit those damages based on the size of the company. Someday, in fairness to all workers, the law should provide parity in the penalties.

Republican Minority Leader Bob Dole of Kansas shepherded the negotiations on the compromise. It was a familiar role for Dole. He brokered the compromise during the Reagan Administration’s impasse on the Martin Luther King Jr. holiday bill nearly a decade ago. The Senate is expected to approve the compromise Monday, with the House not far behind. (Equity note: Future modifications of the laws should extend the protections to congressional employees.)

Bush deserves little credit for this victory on civil rights. It is not enough to give in. It is incumbent on a President to promote compromise on divisive issues, and in this case, to advance fairness for all Americans. Sadly, Bush did not do that.

But perhaps his flip-flop augers well for a new direction on race. That would be desirable. The nation cannot continue to hang together if partisanship is working to tear it apart. The David Dukes need to feel out of step, not as if their time has come. Instead of being dragged, grudgingly, George Bush needs to lead the march on civil rights. That’s the job of President of all the people.