Like wind-up robots, Obama appointees are still fighting for socialist policies in the federal government in the fourth year of the Trump administration. Even where President Donald Trump appoints a blue blood to run the department, the son of former Supreme Court Justice Antonin Scalia, the march to socialism continues. Like a viral infection, once socialism infects the brain, all logical thinking stops.
The Office of Federal Contract Compliance Programs (OFCCP) in the U.S. Department of Labor exists to root out discrimination among federal contractors. But creative Obama appointees, biding their time all these years while Trump has been serving as president, decided they don’t even need evidence of discrimination to find the contractors guilty of it.
Now all they need is evidence of discriminatory effect, called disparate impact, to hold contractors liable for discrimination. That means statistical analysis of hiring and promotion data alone can be sufficient to sue companies alleging that they have committed discrimination based on race.
Originally, discrimination required intent to discriminate, as the U.S. Supreme Court has now definitively held. Just like robbery and murder require criminal intent to commit the crime. But now the liberal left just wants to just prove its case by statistics.
No evidence of actual discrimination needed. We are all guilty of racism. Just as liberal left doctrine holds.
That is the basis of the lawsuit originally filed by the U.S. Dept. of Labor against Oracle in the last couple of days of the Obama administration, with no evidence of actual discrimination whatsoever. That was begun when Tom Perez, now DNC Chairman, was Secretary of Labor. It was based on statistical models, like those that recently forecasted that millions of Americans would die from COVID-19 if we didn’t shut down capitalism dead where we stood.
But as the Washington Times editorialized, “Statistical analysis is no substitute for actual evidence in discrimination cases.” Oracle got so fed up being pushed around by left-wing Obama socialist holdovers that it actually sued to shut down the whole unauthorized, illegal, DOL racket.
Oracle filed its complaint because under the current system, “claims against government contractors are not prosecuted in federal courts with a federal jury. Instead, the Department of Labor itself serves as investigator, prosecutor, judge, jury and appellate court, usurping the role of the Equal Employment Opportunity Commission (EEOC), the Department of Justice and the courts.”
Ken Glueck, executive vice president of Oracle stated, “Oracle filed this case because it is being subjected to an unlawful enforcement action by the Labor Department utilizing a process with no statutory foundation whatsoever.”
Oracle argued that DOL’s case stemmed from false allegations, cherry-picked statistics, and erroneous, radical theories of the law. Oracle stated that “The Labor Department’s nonsensical claims underscore the need for the federal courts to declare the Department of Labor’s current enforcement system unconstitutional.”
Oracle argued that the suit DOL filed against it was an unconstitutional, open violation of separation of powers. “Congress expressly declined to give agencies, such as EEOC, the broad and unfettered authority that the Department of Labor has assumed for itself to investigate, prosecute and adjudicate lawsuits entirely in-house,” Oracle contended.
It argued that the “existing extra-statutory Department of Labor process results in arbitrary enforcement actions against the many employers who qualify as federal contractors, often with no evidentiary foundation and designed to do nothing more than exhort concessions under a system lacking any semblance of due process.”
Oracle filed suit to bring the discrimination claims into the federal courts where they can have a fair trial on the allegations DOL made. The federal courts are the third branch of government, wholly outside the Executive Branch and Congress. As the framers so rightly advised, when judge, jury, and executioner are combined in one government body, that is tyranny.
Somehow, the Trump administration still has not rooted out this tyranny from where it has been hiding in the Labor Dept. all these years.
Democracy Forward, a Marxist activist group, is now seeking to intervene in Oracle’s suit to shut down this tyranny, on behalf of two unions — Communications Workers of America and United Steelworkers. This action implicitly recognizes the value of Oracle’s suit.
Peter Ferrara was formerly the Dunn Liberty Fellow in Economics at the King’s College in New York, serving currently as Senior Fellow at the National Tax Limitation Foundation. He worked for President Reagan in the White House Office of Policy Development, and for President Bush as Associate Deputy Attorney General of the United States.