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The Department of Labor’s Statistical Malpractice [Opinion]

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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.

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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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Marco Rubio Gets Confronted By MSNBC Host Over Saying Some Journalists ‘Giddy’ Over COVID-19

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Sen. Marco Rubio has found himself in the hot seat with MSNBC host Stephanie Ruhle after making the comment that some journalists are thrilled over the spread of the coronavirus, a statement he defended. Ruhle asked Rubio to explain the tweet which he made earlier in the week, noting a portion where he said: “Some in our media can’t contain their glee & delight in reporting that the U.S. has more #CoronaVirus cases than #China…Beyond being grotesque, it’s bad journalism.” https://twitter.com/marcorubio/status/1244279416819273729 Here’s more from Washington Examiner: “I need to ask you this, because I’m a journalist,” Ruhle said. “We’re not just some personalities. You called out journalism. And I need to understand why on earth you did this.” Rubio said some journalists are “doing exactly what I said.” “Well, because there are some journalists that were doing exactly what I said,” the Florida Republican responded. “I read reports about how some Republicans are doing this, or some members of Congress are doing that. I don’t know what other word to describe who’s doing something and who isn’t.” Rubio gave a few examples of certain situations where he believes that journalists expressed happiness in reporting on coronavirus figures and noted that he said “some” not all journalists were behaving this way. https://twitter.com/TPMLiveWire/status/1246081048846401536 Rubio found support among many on the right, including Caleb Hull who tweeted: https://twitter.com/CalebJHull/status/1244311946817671173 The bottom line is, there are probably some journalists who are excited by the prospects that this virus is providing for the progressive movement. After all, Democrats are using this situation to try and pass a bunch of pet projects they want made law through inside these coronavirus relief packages, so is it so far fetched to think liberal journalists might think the same way? Regardless, here’s to hoping this all goes away sooner rather…

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CNN Anchor Brooke Baldwin Latest Journalist To Test Positive For Coronavirus

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Another CNN anchor has now tested positive for coronavirus. Brooke Baldwin stated on Friday that she has tested positive for the illness after suddenly experiencing flu-like symptoms. This comes a week after fellow anchor, Chris Cuomo, announced that he had contracted the illness and would be attempting to do his job from home. Cuomo has been quarantined to his basement where he has been filming his show ever since. Here’s more from The Washington Examiner: “I am OKAY,” she wrote on social media. “I’ve been social distancing. Doing ALL the things we’re being told to do. Still — it got me.” Baldwin is the second CNN anchor to contract the virus. Chris Cuomo said Tuesday he began feeling sick after being “exposed to people in recent days who have subsequently tested positive.” According to her statement, Baldwin is taking time off to recover. “I look forward to being back on [TV] and seeing. You real soon,” Baldwin said.   View this post on Instagram   A post shared by Brooke Baldwin (@brooke_baldwin) on Apr 3, 2020 at 9:44am PDT While it’s easy to be vicious toward our political enemies, even in times like these, we should all be wishing Baldwin well as she battles this horrible sickness. This disease has been making folks very ill and really been difficult for many, especially those who are immunocompromised to deal with. Here’s to praying and hoping Baldwin doesn’t experience any complications and is able to come back to work soon.

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