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The Department of Labor’s Statistical Malpractice [Opinion]

Very intriguing…

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If I told you that the Trump Administration was using an Obama created legal theory to sue some of our nation’s most successful companies using only statistics to allege discrimination, I bet you would call that Fake News.

You would be wrong.

A little-known agency in the Department of Labor called the Office of Federal Contract Compliance Programs or OFCCP was created to promote affirmative action with federal contracting. After being taken over by left-wing progressives during the Obama Administration, they changed the mission to using data collected from contractors to look for discrimination in hiring and promotion. Employees are not filing complaints spurring these investigations. Liberal lawyers at this rogue agency have mined data collected from government contractors on hiring and promotions to manufacture claims of discrimination.

Data, not actual eye witness or documentary evidence, has been used to taint some of our nation’ most respected tech companies with a claim of discrimination. Although this has been proven an unreliable and controversial progressive legal theory, it is being used by the Trump Administration to taint companies with bogus allegations.

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The allegations usually hinge on a “pay gap” between women and men or between different racial categories. Romina Boccia of The Heritage Foundation wrote in 2017 about Obama’s claims of a pay gap, “The Department of Labor has sued several tech companies, including giants like Google and Oracle, for alleged gender discrimination in pay. Pay disparities reflect a wide number of variables that aren’t easily captured in overly simplistic government statistics.” Boccia cites the fact that “current research has limitations in what factors are included,” because they don’t include data on women’s “strong preference for in-kind benefits over cash wages” and “immeasurable components of compensation—such as flexible work schedules—likely account for the remaining gap.” Just using statistics without considering other reasonable factors leading to the statistical results is legal malpractice by government officials.

The Chamber of Commerce has targeted the OFCCP as particularly hostile to businesses. They exposed hostile tactics in a report issued in 2017 like “demanding that the employer provide enormous amounts of data in a short time frame, rather than working with the employer to narrow the request to focus on data relating to a specific issue.” The agency also uses administrative law judges who work for them to enforce actions which is unfair to the business accused of wrong doing. The Chamber also has engaged in the heavy-handed tactic of saying “we can ask for anything we want” while “unilaterally setting dates and times for on-site investigations without an invitation to discuss legal issues or trying to work with the employer’s schedule.” This is an agency that is bullying businesses into settling unfair suits to get the companies to comply quickly.

The goal of these lawsuits is to establish a new legal precedent that anybody can use statistics to make the case that they were discriminated against by an employer. They need not have evidence of a hostile comment by an employer, nor email exchanges between hiring authorities evidencing discriminatory intent. Intent and the existence of any actual evidence is unnecessary if you are armed with statistics. This is not consistent with the American legal idea that a person, or in this case a company, need not affirmatively prove they have done nothing wrong. The way these liberal activists would like to rewrite the law, the burden of proof would shift to the employer with the mere allegation of discrimination.

One does not have to be a lawyer to understand how damaging it can be to be accused of racial or gender discrimination. It is especially upsetting to a company where no discrimination exists and they are battling data that has been used to paint a distorted picture of a company’s hiring or promotion policies. We live in an age where some on the left and in the media feel comfortable calling all 60 plus million voters for President Trump as racists and misogynists. Makes no sense that that liberal ideology should not be adopted by President Trump’s own Department of Labor.

Rick Amato, is a former financial adviser for Merrill Lynch and founded the Amato Wealth Management Group. He is currently the host of Politics And Profits with Rick Amato, and co-hosts Jobenomics America TV. Find out more at amatotalk.com.

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FBI Backtracks After Unconscionable Statement on Synagogue Hostage Situation

Wonder what took them so long?

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Earlier this week, the FBI caught a great deal of deserved flak over a ridiculously obtuse assessment of a nearly disastrous situation, and now they’re attempting to backtrack heavily.

It all began after the brother of one of the world’s most notorious terrorists took several people hostage at a synagogue in Texas, and on Saturday, no less.  Thankfully, the situation resolved with no innocent persons being killed, and only the perpetrator losing his life in the process.

But the FBI’s original assessment of the situation appeared to suggest that the targeting of a synagogue by a Radical Islamic sympathizer was somehow not a matter of antisemitism.  Twitter was soon full of angsty, shocked posts, blasting the FBI for their inability to see the forest for the trees.

Now, the Bureau is backtracking.  Big time.

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Malik Faisal Akram, the British national who was killed Saturday night after allegedly taking four people hostage inside a Texas synagogue, spoke “repeatedly” about a convicted terrorist during negotiations with law enforcement, according to an FBI statement obtained by Fox News.

The statement, which was released late Sunday, does not identify the terrorist serving an 86-year prison sentence in the U.S. on terrorism charges, but may shed new light on a possible motive.

Akram could be heard on a Facebook livestream demanding the release of Aafia Siddiqui, a Pakistani neuroscientist suspected of having ties to al Qaeda who was convicted of trying to kill U.S. Army officers in Afghanistan.

“This is a terrorism-related matter, in which the Jewish community was targeted, and is being investigated by the Joint Terrorism Task Force,” the statement read.

The sudden change of tone may be a day late and a buck short, however, as this isn’t the first time that the FBI has engaged in such boneheaded behavior of late.

 

Earlier this week, the FBI caught a great deal of deserved flak over a ridiculously obtuse assessment of a nearly disastrous situation, and now they’re attempting to backtrack heavily. It all began after the brother of one of the world’s most notorious terrorists took several people hostage at a synagogue in Texas, and on Saturday, no less.  Thankfully, the situation resolved with no innocent persons being killed, and only the perpetrator losing his life in the process. But the FBI’s original assessment of the situation appeared to suggest that the targeting of a synagogue by a Radical Islamic sympathizer was somehow not a matter of antisemitism.  Twitter was soon full of angsty, shocked posts, blasting the FBI for their inability to see the forest for the trees. Now, the Bureau is backtracking.  Big time. Malik Faisal Akram, the British national who was killed Saturday night after allegedly taking four people hostage inside a Texas synagogue, spoke “repeatedly” about a convicted terrorist during negotiations with law enforcement, according to an FBI statement obtained by Fox News. The statement, which was released late Sunday, does not identify the terrorist serving an 86-year prison sentence in the U.S. on terrorism charges, but may shed new light on a possible motive. Akram could be heard on a Facebook livestream demanding the release of Aafia Siddiqui, a Pakistani neuroscientist suspected of having ties to al Qaeda who was convicted of trying to kill U.S. Army officers in Afghanistan. “This is a terrorism-related matter, in which the Jewish community was targeted, and is being investigated by the Joint Terrorism Task Force,” the statement read. The sudden change of tone may be a day late and a buck short, however, as this isn’t the first time that the FBI has engaged in such boneheaded behavior of late.…

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UFC Chief Laments Lack of Available Monoclonal COVID Treatments

This, just days after Florida accused the federal government of hoarding the life-saving treatments.

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If you were to ask the government about the options that we have for defeating the coronavirus pandemic, you are likely to hear but one side of the story:  Vaccines.

The Biden administration has been unwavering in their support of these inoculations, even going so far as to attempt to install a constitutionally unsound vaccine mandate that took only two months for the Supreme Court to gut.

But there are other options too, induing the widely popular and effective monoclonal antibody treatments.  And, despite the government’s insistence on pushing vaccines on the masses, the Biden administration has also appeared to corner the market on these life-saving medicines…and they’re being awfully stingy with them.

“I bet I could get some f*****g pain pills quicker than I could get monoclonal antibodies,” UFC President Dana White said in regards to the rationing of monoclonal antibodies for treatment of COVID-19 during a press conference on Saturday following the UFC 45 Vegas in Las Vegas, NV.

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MMA Weekly asked White about a left-wing censorship campaign targeting Joe Rogan under the auspices of “misinformation” involving an “open letter” from assorted medical professionals and academic calling on Spotify, the distributor or Rogan’s eponymous podcast, to “take action” against what they described as “mass-misinformation” which is “medically and culturally dangerous.”

The exchange was lively to say the least.

MMA Weekly asked, “I was wondering what your thoughts were with the 200-plus doctors trying to put pressure on Spotify saying that Joe’s a menace.”

White replied, “Are they really? Well how about this, ever since I came out and said what I did, It’s almost impossible now to get monoclonal antibodies. They’re making it so you can’t get them — medicine that absolutely works, they’re keeping from us. I don’t want to get too political and start getting into all this s***, but ivermectin and monoclonal antibodies have been around for a long time. Now, all of a sudden, you can’t dig them up to save your life. The doctors won’t give them to you.”

The criticism arrives amid a flurry of complaints from Florida officials, complaining that the Biden administration simply will not ship these treatments to them, and without providing any reason as to why.

If you were to ask the government about the options that we have for defeating the coronavirus pandemic, you are likely to hear but one side of the story:  Vaccines. The Biden administration has been unwavering in their support of these inoculations, even going so far as to attempt to install a constitutionally unsound vaccine mandate that took only two months for the Supreme Court to gut. But there are other options too, induing the widely popular and effective monoclonal antibody treatments.  And, despite the government’s insistence on pushing vaccines on the masses, the Biden administration has also appeared to corner the market on these life-saving medicines…and they’re being awfully stingy with them. “I bet I could get some f*****g pain pills quicker than I could get monoclonal antibodies,” UFC President Dana White said in regards to the rationing of monoclonal antibodies for treatment of COVID-19 during a press conference on Saturday following the UFC 45 Vegas in Las Vegas, NV. MMA Weekly asked White about a left-wing censorship campaign targeting Joe Rogan under the auspices of “misinformation” involving an “open letter” from assorted medical professionals and academic calling on Spotify, the distributor or Rogan’s eponymous podcast, to “take action” against what they described as “mass-misinformation” which is “medically and culturally dangerous.” The exchange was lively to say the least. MMA Weekly asked, “I was wondering what your thoughts were with the 200-plus doctors trying to put pressure on Spotify saying that Joe’s a menace.” White replied, “Are they really? Well how about this, ever since I came out and said what I did, It’s almost impossible now to get monoclonal antibodies. They’re making it so you can’t get them — medicine that absolutely works, they’re keeping from us. I don’t want to get too political and start getting into…

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