It is being widely reported that President-elect Donald Trump is intending to nominate Andrew Puzder as Labor Secretary. The move will likely fire up the SEIU and affiliated labor activists in opposition. Similarly there will be those amid the more conservative ranks that see Puzder as less than their desired nominee.
However, CTH has an alternate perspective on the nomination essentially hopeful that Donald Trump is intending to finally bring closure to a labor issue with over twenty years of economic crisis, and hundreds of millions spent on litigation as the backdrop.
Most people are oblivious to a reality that began within the U.S. Department of Labor under the administration of George W Bush. The issue encapsulates thusly:
- Under federal statue it is unlawful to hire an illegal alien who is not eligible to work in the U.S.
- However, under existing EEOC legal interpretations (Disparate Impact Rulings), it is unlawful NOT to hire an illegal alien who is not eligible to work in the U.S.
Within that strange and very specific dichotomy you find the problem with the modern interpretations of “disparate impact” as they apply to employment screening and employment eligibility.
The problem began under President Bush’s tenure (and EEOC policy), and exploded under President Obama’s Labor Department.
According to the EEOC (Equal Employment Opportunity Commission) legal findings, interpretations and rulings, it us unlawful to have a hiring eligibility practice that disproportionately discriminates (adverse impact) against any federally protect category of personage; it’s called the “disparate impact” ruling.
If, as a measure of the outcome, you engage in a pre-qualification standard for hiring, that disproportionately impacts a federally protected category (race, religion, age, gender etc.), with a statistically significant consequence of not allowing the applicant to be eligible for employment, you run the risk of violating EEOC hiring regulations.
Meaning…. if your standard of employment screening includes a check for employment eligibility, and the outcome of that employment eligibility check discriminates more against (more adversely impacts) Mexicans (example), as contrast against all other applicants, then the employment screening itself is unlawful.
Now, to the layperson this might sound bizzaro, even impossible to believe. However, unless you’ve actually sat in front of the fully weaponized EEOC during a legal proceeding to hear this argument, it might sound nuts – because it is. But that’s also reality.
It’s the perfect confluence of events, a situation created by the UniParty, whose political endeavors have long remained to keep illegal immigration influxes open, and to hide the structures for how illegal aliens retain employment. This is an outcome of the Dem/Gope (UniParty) working together, yet selling divergent appearances.
The application of this EEOC standard has mostly targeted large, corporate, institutional employers with large and diverse workforces. Large scale regional companies, or national companies who hire thousands of employees are the preferred targets for this EEOC weaponization. It’s simply a matter of scale and benefit.
To the extent that President Donald Trump (who we can guarantee is well versed and personally familiar with this nudge-nudge-wink-wink scheme) is going to try and finally end two decades of this nonsense through the appointment of Andrew Pudzer, GREAT.
It is going to take several areas of governmental systems coming together to force congress to deal with the issue, and ultimately eliminate this counter intuitive double standard. The UniParty ( from unions to Wall Street ) will fight against employment eligibility reform with intense and violent opposition.
History of research examples using “Disparate Impact” HERE
How Illegal Aliens gain employment Expanded HERE