Job Discrimination in Obama’s Fantasyland
Whoever said “First, shoot all the lawyers” was dead on in unraveling the FedEx employment discrimination case. The article “FedEx to Pay $3 Million to Settle Discrimination Lawsuit” (Times Digest, March 22, 2012) is a magnificent collage of statistical mumbo-jumbo. Anybody with half a brain can see through this “discrimination case” as a bureaucratic shell game designed to extort money from the private sector by Obama’s labor oriented administration.
Labor Department’s Secretary, Hilda Solis, said “When you do business with the government, we expect you to do the right thing….This includes giving all Americans an equal shot at a good job. It’s about more than just the law — diversity is smart for business.” With this piece of undefined hogwash as Solis’ guiding principle, it is clear to see that justice is no longer based upon law but upon balance. Diversity must be the guiding principle in running a business, and the numbers (read quotas) take precedence over performing the jobs required of FedEx employees.
Injecting a bit of relevance to this balance mumbo jumbo, FedEx’ Ground Delivery System hires warehousemen and truck driver / package deliverymen who cover every city every day, good and bad neighborhoods alike. They must be able to read and understand English, operate handheld and onboard computers, physically load, deliver, and unload carts filled with packages, have a truck driver’s license and a clean driving record.
On the face of it, the government garbage in this article should be brought into the light of day. Doing the right thing, equal shot, good job, and diversity are the beginning of a witches brew in all employment. Adding to this rich mix, one must then add sex, race, and national origin. After mixing thoroughly the Labor Department lawyers, probably in their Office of Civil Rights, discovered evidence of discrimination…. department officials said Wednesday.
In the name of justice, Labor Department style, FedEx agreed to pay a $3 million dollar settlement. In this settlement, they admit no guilt, offer no data, pay their money to the government, and stated that the Labor Department’s position was not supported by law. On the face of it, the Washington Bureaucrats have threatened FedEx through the power of their statistics, to influence future hiring decisions which the government knows little to nothing about.
Looking closely at what little information is provided, we discover some amazing data, hard numbers, which boggle the imagination. The data are itemized as follows:
1. FedEx discriminated against 21,635 job seekers.
2. FedEx performed this discrimination at two dozen facilities.
3. FedEx discriminated in 15 states
4. FedEx discriminated against females
5. FedEx discriminated against blacks
6. FedEx discriminated against those from other countries.
What an evil operation FedEx must be to refuse to hire over 21,000 persons. For their evil deeds, FedEx has agreed to make wide ranging changes to correct “any discriminatory hiring practices and to extend job offers to 1,703 of the rejected workers as positions become available.” This means that future employees must be taken from a list of former rejects for their ground delivery unit.
This demonstrated evil is based solely upon statistics, the numbers. Each of the numbers represents an individual who made an application for employment at a FedEx office. Each of these applications is screened by an individual within the local operation who knows which specific jobs are to be filled. The applications which pass this first screening are then passed on to the supervisor or manager of the hiring department. These are the individuals with the most detailed and explicit knowledge of the job to be performed.
For the sake of argument, let us assume that a specific FedEx operation in Daytona Beach needs a single driver in their ground delivery unit. They have a right to advertise the opening in the local papers, among their own employees, and through the local Employment Service Office, a division of the Department of Labor, the federal division that brought this suit. Let us further assume that, because FedEx has an excellent reputation as an employer, they receive 20 applications from all sources for this one opening. The first applicant presents outstanding credentials, a spotless work history as a deliveryman, he speaks English, and unfortunately he is both white and an American. Because he is still employed by another firm, he must give them two-weeks’ notice before he can accept another job.
Because he is needed to fill an opening in two weeks, this is also an important issue for continuous operation at FedEx. The personnel office may decide to continue interviewing the additional applicants until the new hire can be confirmed. By offering to hire their first applicant, have they violated any federal law? Have they discriminated against women, or have they discriminated against those from other countries.
The answers are no, no, and no. They have not discriminated against anybody. All they have done is to hire an individual with outstanding qualifications for a job that will be open in two weeks. However, because their operation in their state is “statistically out of compliance”, the folks they did not hire, if a woman, a black, or from another country, these applicants are “rejected” in this office in this state. They are added to FedEx’s 21,000 + job seekers who, allegedly, FedEx discriminated against.
Statistically they are still out of sync fulfilling Linda Solis mandate to comply with Linda Solis diversity requirements. Their fine of $3,000,000 is purely government extortion based upon a statistical model. Linda Solis probably knows nothing about statistics.
Suppose again, for the sake of understanding, these same folks also made job applications at the FedEx office across the river in a different state, one of the 35 states that are not statistically out of compliance. When rejected in these states they are not considered discriminated against, because this decision across the river is based upon a different state’s population characteristics. On one side of the river an individual who is not hired is discriminated against, while on the other side of the river job discrimination is not involved. The jobs are identical, so the fed’s decision has nothing to do with performance of the actual job itself. Really smart statistics!
The decision to sue FedEx in 15 states is based purely upon population distribution characteristics, and the three known applicant qualities we know were used to determine discrimination. These three are gender, race, and being from a foreign country. This last category probable means primarily Hispanic, and must be considered highly relevant in a job heavily centered upon fluent use of English.
It would be instructive to learn which 15 states the Labor Department included in the national witch hunt for job discrimination by America’s evil employers. FedEx is certainly not one of the more flagrant abusers, Rather than to commend FedEx for their ability to remain “discrimination free” in 35 states, our federal government elects to sue FedEx $3,000,000 for being “out of balance”. The only thing clearly out of balance here is some theoretical statistician in DC pulling samples out of the states, matching these samples with population characteristics, and in conjunction with the Office of Civil Rights, bring a suit of witches brew against a private company that has served the country well for several decades.
How about the other 19 folks they had no need to hire? Statistically they may be added to the 21,635 folks who were previously discriminated against. Hiring one individual may result in adding 19 additional folks to the rolls of those discriminated against by the evil FedEx. If all 19 additional applicants were interviewed, they may well be classed as rejected, and discriminated against.
It is clear now that a second master is to be added to the mix of employment mandates. The first master is complying with job requirements. The additional master is complying with a statistical master called balance or diversity, which the Labor Department knows is good for everybody.
This Labor Department’s statistical gobbledegook is pure hogwash, and a basis on which untold millions of dollars can be extracted from the private sector no questions asked. To FedEx credit, they admitted no guilt, and stated that the Labor Department’s suit was not in compliance with Federal Labor Laws, the very laws the department is empowered to enforce. It seems a second master is already in power in Obama’s administration: An ability to extort money from the private sector to achieve balance in racial, gender, and among those who speak another language.
Statistically there is zero evidence that FedEx discriminated against any applicant, but this, of course, did not keep the Labor Department from engaging in intimidation, distortion, and extortion of funds. Is it any wonder the public, with half a brain and a smell of understanding, has little trust of Obama’s policies, which come straight from Federal Fantasy Land.