Quis Custodiet Ipsos Custodes? – The Role of the Citizen in Government

Public Service NoteThe links in this article are essential to review.  If you know better resources, please let me know in the comments.  Thank you!

QuestionIn The Satires, VI, Juvenal poses a question of great importance, “Who will watch the watchmen?”  As more and more dirt on a host of politicians comes to the fore, as China expands its heinous reach in the Pacific Ocean, threatening trade and disrupting lives, as the Russia/Ukraine crisis grows, we, the citizens, are left asking this question.  There is only one answer, we, the citizens of representative governments, are charged with watching the watchmen.  A more critical and cogent point has not presented itself in these writings.

Regularly I write about the findings of the Department of Veterans Affairs (VA) – Office of Inspector General (VA-OIG).  As a disabled veteran, a person falsely arrested, injured by VA Police Officers, and flagged fallaciously as a “behavioral problem,” I am a watcher of the watchmen and report on the findings.  Unfortunately, the VA has turned both a blind eye and a deaf ear to the VA-OIG and my summarizations of the VA-OIG’s conclusions.  You, the taxpayer, need to know what the government is doing in your name and with your tax dollars.  We, are the watchmen tasked with watching the watcher (elected political officials), who were hired (elected) to scrutinize the government.  Is our role in the direct representative government of this constitutional republic clear?Apathy

Did you know your neighbors sued the Baltimore Public School system for breach of public trust?  For more than 40 years, the Baltimore Public School system has intellectually abused children and misappropriated public funds through forced taxation.  The unelected school district has done this while tax revenues drop precipitously, students cannot read (yet still pass high school graduation), and the neighborhoods in Baltimore become more unsafe.  Illiteracy is directly tied to crime rates, poverty, and helplessness; yet, the school board in Baltimore cannot even be bothered to allow parents the right of school choice.  What is the role of citizens in Baltimore, the same as it is everywhere else; protect children, scrutinize government, elect different leaders, and watch more closely those elected to protect the rights of all citizens.  “Who will watch the watchmen;” you are the watchers of the watchmen, and you are being lulled to sleep!

In our constitutional republic, we have three co-equal branches of government, the executive, the legislative, and the judicial.  President Biden is reported to be in full swing of destroying the power of the judicial.  Recently the world watched aghast while a wholly unqualified person was measured for a position with the Supreme Court, the court of last resort in American Jurisprudence.  President Biden is on record claiming he would nominate the first black woman to the supreme court; after ensuring that two other more qualified women of color were refused nomination earlier in his career.  Do you sense a hypocrite, liar, and charlatan?  The judge nominated cannot tell the difference between a man and a woman, allows sexual predators to have lighter sentences as she legislated from the bench.  Yet, we, the watchers, are expected to believe she is remarkably qualified and uniquely capable of sitting on the Supreme Court.  I have serious reservations, not because she is a woman or a person of color.  My reservations rest solely upon her record as a judge, which I find detestable at best.Patriotism

Everyone is aware, COVID-19 has plagued the world since late 2019, originating in China, and the costs have been exorbitant and extreme.  Only until the Russia/Ukraine crisis came along did the global media find a new story for wall-to-wall, 24/7 coverage like feckless beasts fighting for a bone.  Repeating only for emphasis, “Where has the opposition party been during COVID-19?”  The watchers, every single one, from the mayor to the US House and Senate, went to sleep and allowed bureaucrats to overcome law and common sense to the detriment of every single citizen.  Where did the watchers go, and why did they leave the citizenry to the incautious, ineffectual, inefficacious, and abortive bureaucrats who fired professionals, broke the law without regard, and still are running free?  Liberties, rights, freedoms, were stolen without consideration, and the opposition party was nowhere to be found.  Indeed, “Who will watch the watchmen?”

The Duty of AmericansOn the topic of China, why is Marco Rubio the only member of the US Congress willing to say aloud what the citizenry is wondering?  2020 closed with China owning $1.9 BILLION or roughly 192,000 acres of prime American farmland.  Want to know where those crops grown on American soil go; I bet you can guess they aren’t traveling to US Supermarkets.  China is still buying prime farmland, and nobody in the US House or Senate is willing to listen to farmers, ranchers, and dairymen about how their land is being purchased by China and they run out of business.  Rep. Dan Newhouse was quoted regarding farmland ownership by Chinese investors as a national security issue.  “The current trend in the United States is leading us toward the creation of a Chinese-owned agricultural land monopoly.  There are currently no federal safeguards against the creation of this monopoly.”  In response to Rep. Dan Newhouse, Rep Grace Meng proclaimed, “Can we honestly say that this Amendment, which singles out one country, won’t have repercussions on Asian-Americans across our country?  Let’s include all of our adversaries.”

Who will watch the watchmen?” An honest and fair question.  I agree that no enemy of America should be allowed to own land inside America.  Not that Saudi Arabia is an enemy to America, but it is important to note not just China is purchasing farms and ranchland in America.  Worse, fresh water in California is regularly purchased to grow alfalfa for shipping to the Saudi Kingdom.  California keeps declaring they are in a drought.  The water crisis continues with or without Saudi purchases through the government’s mismanagement of resources, the need for liquid capital to keep the debt wolves away from the door, and the silly environmental laws.  “Who will watch the watchmen; is apt and very important when discussing national security issues, the acquisitions of foreign entities inside America, and the need to meet citizen needs before foreign markets.quote-mans-inhumanity

On the topic of Biden, specifically the Hunter Biden laptop and the shady deals with China, one has to ask about the timing of China’s massive land purchases ramping up.  At the same time, Joey was Vice President, and Hunter was slipping the “Big Man” money.  The Hunter Biden laptop story has been closely followed since October 2020, and the revelations released in the various news outlets on this story leave me appalled, alarmed, and amazed.  I keep asking myself about the timing, why Joey was so valuable an investment, and the answer lies in his access to Obama.  One of the media pundits discussed how Obama and Clinton are tied into the sale of access by Joey, and not all of the financial analysis is completed even now.  Leaves me asking who got paid and why during the Obama presidency?  A careful records review shows China going on a land purchasing spree simultaneously, and more questions for Secretary of State Clinton need to be addressed immediately!  “Who will watch the watchmen?”Beware of Scam Phone Calls and Emails Disguised as Vendors : The New York City District Council ...

Detective 3The US Constitution, in the 10th Amendment, provides all the authority any citizen needs to demand the watchers scrutinize the government and, if required, replace the watchers.

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

We, the citizens, own the direct representative government in America, and it is time for those elected to fear the citizenry.  Not because we have become violent, but because we are firing them, electing new representatives, and holding those removed from office accountable for their mismanagement while in elected office.  Our country is being sold out from under our feet by those elected to office, and it is time they are held accountable before the bar of justice.  Our national security is a hiss and an insult to them, all while they become enriched, and their children funnel money, and I am sick to death of seeing this nepotism.  We, the watchers of the watchmen, deserve answers from transparent and speedy investigations that conclude with people wearing distinctive clothing and permanently disgraced.

Knowledge Check!How have the watchmen become millionaires while holding public office?  This single question should be the watch cry of every single citizen in America until they are all held accountable and disgraced.  You deserve better watchers.  Our children deserve better watchers.  The world deserves better representatives of the people, by the people, and for the people.  Remember this in November!

© Copyright 2022 – M. Dave Salisbury
The author holds no claims for the art used herein, the pictures were obtained in the public domain, and the intellectual property belongs to those who created the images.  Quoted materials remain the property of the original author.

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NO MORE BS: Affirmative Action – A Discussion for Eradication!

VirtueI wonder if maybe affirmative action is not just dead but ready for the waste pits of history.  Cohen (1996) acknowledged that federal hiring has a set of laws, with exceptions for every rule, to justify not hiring individuals.  I have personally witnessed this in Albuquerque, NM., for the better part of three years.  At the V.A. Hospital and Social Security Offices, the hiring managers refuse to hire veterans, and multiple other hiring paths to keep “undesired people” from being hired.”

As a dual-service (U.S. Army & U.S. Navy) disabled veteran with a handicap that is visible (neurological shaking, twitching, and muscle spasms, which include trouble speaking) too often, I am the best candidate until the interview.  Walking into an interview with a cane, spasm, or twitch a couple of times, and the faces of those interviewing reflect their discomfort, and I will not be hired.  Government, private sector, for-profit, not-for-profit, none of these matters, people are uncomfortable around those of us with visible disabilities.  Affirmative action has never helped, and as an experiment in social behavior, should be scraped from the law as soon as legislation can be written to effect this change!Patriotism

Undesired people” includes people with handicaps (though Schedule A hiring has top priority in government hiring), veterans, spouses, and dependents with specific federal benefits, minorities (including men, people of color of all shades, American Indians, etc.) also have priority in hiring.  All the best jobs, positions, and perks are awarded through nepotism and the court of public opinion.  The system is structured in such a way as to remain in legal compliance to affirmative action; thus, affirmative action is a shield protecting lousy behavior instead of as a tool to improve workforce hiring.  My assertion of the uselessness of affirmative action is not just based upon my experiences.  I have witnessed people get into car accidents, get a disability, and go from productive worker to shunned worker almost overnight, all due to the disability sustained.The Duty of Americans

Harasztosi and Lindner (2015) discussed how the minimum wage costs jobs and excluded the neediest citizens from employment.  I contend that affirmative action has negatively impacted minorities, men and women, disabled people, etc., most significantly using the principles and logic of Harasztosi and Lindner (2015).  Rules demanding social behavior always will substantially and negatively impact those designed in the law to enjoy the most benefit.  I believe in the Missouri State Motto; “Show ME!”  Show me a single piece of legislation that has helped those it was written for.  Legislation cannot dictate behavior or morals in society; hence the following from John Adams applies, the U.S. Constitution “… was made only for a moral and religious people. It is wholly inadequate to the government of any other.” Hence, the path forward is not more laws to avoid, but less.  The way forward is the societal education in morals as governed through a religious society.Editorial - Educational Truth

Historically, there are no legal, moral, or ethical reasons for affirmative action.  Affirmative action, and the diversity policies feeding the modern workplace adopted after affirmative action was legislated, barely have a legal foothold, let alone a justifiable reason for existence (Brazelton, 2016; Oppenheimer, 2016; Pierce, 2013; Young, 2001).  Human Resources is the capitalization of human capital to meet organizational needs.  When capitalization of human abilities is appropriately affected, the effort becomes work, leading to finished products or services for sale to consumers.  When not adequately modified, capitalization of human skills turns into waste, loss, confusion, and the organization will eventually “fall an unpitied sacrifice in a contemptible struggle” (Bloom, & Kamm, 2014; Typographical Journal, 1892).Apathy

Sykes (1995) defined affirmative action as “… [T]he set of public policies and initiatives designed to help eliminate past and present discrimination based on race, color, religion, sex, or national origin.”  As promising as this sounds, affirmative action remains the biggest farce crammed down the business community’s throats since the Federal Income Tax.  By focusing, as this definition states, on “eliminating discrimination past and present,” the entire country forgets the wise words from Master Oogway in Kung Fu Panda, “Yesterday is history, tomorrow is a mystery, today is a gift; that is why it is called the present.”  By focusing on the past, we project the same problems of the past, ruining both the present and the future.  While providing fodder for ill-advised politicians and media hacks to accuse everyone of racism, sexism, and a host of other “-ism” claims that are erroneous.  I repeat, only for emphasis, you cannot legislate human behavior and morals, and hiring an employee is the epitome of human behavior and morals.President Adams

Affirmative action is not necessary, needed, or applicable; affirmative action, and the diversity programs replacing affirmative action, were never required, helpful, or valuable enough to create from whole cloth the legal precedent to justify implementation (Brazelton, 2016; Oppenheimer, 2016; Pierce, 2013; Young, 2001). No, the short answer remains clear, Affirmative Action was not needed in 1964 and is still not needed today. Before 1964 when the Civil Rights Legislation was passed, the educational and experience gap between those working and not working caused pay problems, yet new professional opportunities naturally occurred as educational opportunities increased.  Affirmative action was not needed.  Let’s be clear, the executive orders and complicit Congress during President Woodrow Wilson’s tenure are the reasons the 1960s were so tumultuous, and the Civil Rights movement became needed.  But the reliance upon a government fix for personal behavior and morals was the wrong answer in the 1960s and remains a horrible answer today!

Dont Tread On MeNow that Affirmative Action has pampered more than two generations, we have more women and minorities in the workplace with the same skills as white males, and the same problem exists in deferential hiring, differential treatment based upon race, gender, and other politically acceptable groups. People who want to work, start early, work hard, and prepare for better jobs through education, experience, and single-minded determinedness. Those who do not wish to work create excuses, live off the government dole, and remain entrenched in ignorance, causing poverty, loss of self-esteem, ruined families, and a host of social problems that those who are working have to deal with and pay taxes to the government, who started the problem in the first place. These same workers have to fight affirmative action and diversity policies for new jobs, promotions, pay increases, etc., including all the issues associated with a minimum wage and associated costs (Harasztosi, & Lindner, 2015; Hawkins & Sowell, 2011).

References

Bloom, R., & Kamm, J. (2014). Human resources: Assets that should be capitalized. Compensation & Benefits Review, 46(4), 219-222. doi:10.1177/0886368714555453

Brazelton, S. (2016). A hollow hope? Social change, the U.S. supreme court, and affirmative action. The Journal of Race & Policy, 12(2), 84-95. Retrieved from https://search-proquest-com.contentproxy.phoenix.edu/docview/1940981339?accountid=134061

Cohen, C. (1996). Should federal affirmative action policies be continued? Congressional Digest, 75, 181-181.

Harasztosi, P. & Lindner, A. (2015). Who pays for the minimum wage?UC Berkeley.Hawkins, J., & Sowell, T. (2011). Right-wing news: An interview with Thomas Sowell. Retrieved from http://www.rightwingnews.com/interviews/sowell.php

Master, Oogway (Character). (2008). Kung Fu Panda [DVD].

Oppenheimer, D. B. (2016). The disappearance of voluntary affirmative action from the U.S. workplace. The Journal of Poverty and Social Justice, 24(1), 37-50. doi: http://dx.doi.org.contentproxy.phoenix.edu/10.1332/175982716X14538098991133

Pierce, J. L. (2013). White Racism, Social Class, and the Backlash Against Affirmative Action. Sociology Compass, 7(11), 914–926. https://doi-org.contentproxy.phoenix.edu/10.1111/soc4.12082

Sykes, M. (1995, August). The origins of affirmative action. Retrieved from http://www.now.org/nnt/08-95/affirmhs.html

Typographical Journal. (1892). Typographical Journal, Volume 4 [Google Play]. Retrieved from https://books.google.com/books?id=FydFAQAAMAAJ&pg=RA10-PA4&lpg=RA10-PA4&dq=%E2%80%9Cfall+an+unpitied+sacrifice+in+a+contemptible+struggle%E2%80%9D&source=bl&ots=DW3MDox1Xu&sig=vd-U9cqe7PVSqLbA27FIX5DgJOs&hl=en&sa=X&ved=2ahUKEwi4zp3I-ZTeAhXqwlQKHZfZC6QQ6AEwA3oECAoQAQ#v=onepage&q=%E2%80%9Cfall%20an%20unpitied%20sacrifice%20in%20a%20contemptible%20struggle%E2%80%9D&f=false

Young, I. M. (2001). Equality of Whom? Social Groups and Judgments of Injustice. Journal of Political Philosophy, 9(1). Retrieved from https://search-ebscohost-com.contentproxy.phoenix.edu/login.aspx?direct=true&db=a9h&AN=4335602&site=ehost-live&scope=site

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.

NO MORE BS: Affirmative Action – A Discussion

Non Sequitur - ClassicI wonder if maybe affirmative action is not just dead but ready for the waste pits of history.  I was refused a schedule at a McDonald’s in a small Utah town after being hired and trained.  Why; because a local workforce specialist pointed out to the franchise owner they had no mentally challenged people in their workforce.  Thus, in a time of depression, where college-degreed people competed for entry-level jobs, I and ten others were “bumped” from the schedule to accommodate affirmative action.

Cohen (1996) affirmed federal hiring has a set of laws, with exceptions for every rule, to justify not hiring individuals.  I have personally witnessed this in Albuquerque, NM, for the better part of three years.  All while there are specific laws in Albuquerque to hire veterans first.  Law does nothing but provide excuses for manipulators to excuse their behaviors.

Literary FiendAt the V.A. Hospital, the Forestry Service, Social Security Offices, and so many more local, state, and federal government offices, the hiring managers refuse to hire veterans.  Using every trick, legal loophole, and multiple other hiring paths to keep “undesired people” from being hired.  “Undesired people” includes people with handicaps.  Even though through Schedule A hiring, Federal Policy claims they have top priority in government hiring and veterans, spouses, and dependents with specific federal benefits, minorities (including men, people of color of all shades, American Indians, etc.).  All the best jobs, positions, and perks are awarded through nepotism and the court of public opinion.  The hiring system is structured in such a way as to remain in legal compliance to affirmative action while denying those for whom the law was supposed to help.  Thus, affirmative action is a shield protecting lousy behavior instead of as a tool to improve workforce hiring.

Detective 3Harasztosi and Lindner (2015) discussed how the minimum wages cost jobs and excluded the neediest citizens from employment.  I contend that affirmative action has negatively impacted minorities, men and women, disabled people, etc., most significantly using the principles and logic of Harasztosi and Lindner (2015).  Rules demanding social behavior always most significantly and negatively impact those designed in the law to enjoy the most benefit.  It seems to me the following from John Adams applies, the U.S. Constitution “… was made only for a moral and religious people. It is wholly inadequate to the government of any other.”  Hence, the path forward is not more laws to avoid, but less.  The way forward is the societal education in morals as governed through a religious society; atheism is a religious society, and the belief structure fits well in the path ahead.

Historically, there are no legal, moral, or ethical reasons for affirmative action.  Affirmative action, and the diversity policies feeding the modern workplace adopted after affirmative action, barely have a legal foothold, let alone a justifiable reason for existence (Brazelton, 2016; Oppenheimer, 2016; Pierce, 2013; Young, 2001).  Human Resources is the capitalization of human capital to meet organizational needs.  When the capitalization of human abilities is appropriately affected, the effort becomes work, leading to finished products or services for sale to consumers. When not adequately modified, the capitalization of human skills turns into waste, loss, confusion, and the organization will eventually “fall an unpitied sacrifice in a contemptible struggle” (Bloom, & Kamm, 2014; Typographical Journal, 1892).

Detective 4Sykes (1995) defined affirmative action as “… [T]he set of public policies and initiatives designed to help eliminate past and present discrimination based on race, color, religion, sex, or national origin.” As promising as this sounds, affirmative action remains the biggest farce crammed down the business community’s throats since the Federal Income Tax. By focusing, as this definition states on “eliminating discrimination past and present,” the entire country forgets the wise words from Master Oogway in Kung Fu Panda, “Yesterday is history, tomorrow is a mystery, today is a gift; that is why it is called the present.” By focusing on the past, we project the same problems of the past into the future, ruining both the present and the future.

No, affirmative action is not necessary, needed, or applicable; affirmative action, and the diversity programs replacing affirmative action, were never required, useful, or valuable enough to create from whole-cloth the legal precedent to justify affirmative action (Brazelton, 2016; Oppenheimer, 2016; Pierce, 2013; Young, 2001). No, the short answer, no, remains clear, Affirmative Action was not needed in 1964 and is still not needed today.  In 1964 when the Civil Rights Legislation was passed, the educational and experience gap between those working and not working caused pay problems, yet new professional opportunities naturally occurred as educational opportunities increased.  No affirmative action was needed.

Calvin & Hobbes - Ontological QuandryNow that Affirmative Action has pampered more than two generations, we have more women and minorities in the workplace with the same skills as white males, and the same problem exists in deferential hiring, differential treatment based upon race, gender, and other politically acceptable groups.  People who want to work, start early, work hard, and prepare for better jobs through education, experience, and single-minded determinedness. Those who do not wish to work create excuses, live off the government dole, and remain entrenched in ignorance, causing poverty, loss of self-esteem, ruined families, and a host of social problems that those who are working have to deal with and pay taxes to the government who started the problem in the first place. All the while, these same workers have to fight affirmative action and diversity policies for new jobs, promotions, pay increases, etc., including all the issues associated with a minimum wage and associated costs (Harasztosi, & Lindner, 2015; Hawkins & Sowell, 2011).

VirtueThese are my thoughts, and I welcome your comments on this topic.  A “Liberty FIRST Culture” allows for disagreements in opinions as a means to improving a situation.  I have listed my sources for the views shared.  I have listed my experience with affirmative action.  Feel free to disagree and comment accordingly.

References

Bloom, R., & Kamm, J. (2014). Human resources: Assets that should be capitalized. Compensation & Benefits Review, 46(4), 219-222. doi:10.1177/0886368714555453

Brazelton, S. (2016). A hollow hope? Social change, the U.S. supreme court, and affirmative action. The Journal of Race & Policy, 12(2), 84-95. Retrieved from https://search-proquest-com.contentproxy.phoenix.edu/docview/1940981339?accountid=134061

Cohen, C. (1996). Should federal affirmative action policies be continued?. Congressional Digest, 75, 181-181.

Harasztosi, P. & Lindner, A. (2015). Who pays for the minimum wage? UC Berkeley.

Hawkins, J., & Sowell, T. (2011). Right-wing news: Interview with Thomas Sowell. Retrieved from http://www.rightwingnews.com/interviews/sowell.php

Master, Oogway (Character). (2008). Kung Fu Panda [DVD].

Oppenheimer, D. B. (2016). The disappearance of voluntary affirmative action from the U.S. workplace. The Journal of Poverty and Social Justice, 24(1), 37-50. doi: http://dx.doi.org.contentproxy.phoenix.edu/10.1332/175982716X14538098991133

Pierce, J. L. (2013). White Racism, Social Class, and the Backlash Against Affirmative Action. Sociology Compass, 7(11), 914–926. https://doi-org.contentproxy.phoenix.edu/10.1111/soc4.12082

Sykes, M. (1995, August). The origins of affirmative action. Retrieved from http://www.now.org/nnt/08-95/affirmhs.html

Typographical Journal. (1892). Typographical Journal, Volume 4 [Google Play]. Retrieved from https://books.google.com/books?id=FydFAQAAMAAJ&pg=RA10-PA4&lpg=RA10-PA4&dq=%E2%80%9Cfall+an+unpitied+sacrifice+in+a+contemptible+struggle%E2%80%9D&source=bl&ots=DW3MDox1Xu&sig=vd-U9cqe7PVSqLbA27FIX5DgJOs&hl=en&sa=X&ved=2ahUKEwi4zp3I-ZTeAhXqwlQKHZfZC6QQ6AEwA3oECAoQAQ#v=onepage&q=%E2%80%9Cfall%20an%20unpitied%20sacrifice%20in%20a%20contemptible%20struggle%E2%80%9D&f=false

Young, I. M. (2001). Equality of Whom? Social Groups and Judgments of Injustice. Journal of Political Philosophy, 9(1). Retrieved from https://search-ebscohost-com.contentproxy.phoenix.edu/login.aspx?direct=true&db=a9h&AN=4335602&site=ehost-live&scope=site

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.

Employee Practices – Or ‘More Top Down Government Control’

Over the course of time, the Federal government has exerted control over employment.  Each time control has been exerted, freedoms, money, and precious resources have been squandered, wasted, and lost forever.  The following is a high level overview of the legislation and the costs involved.  There are no political leanings contained herein, simply facts about the costs and the freedoms lost.  Tied to each of these pieces of legislation is the utopian ‘Kool-Aid’ goal of full employment previously discussed.

In brief review, modern employment, as we know it, began with a small change.   Soldiers, sailors, marines, and airmen coming home after being drafted to go to war, wanted and needed jobs.  Thus, the Federal Government changed some rules, wrote the legislation, and veteran preference in hiring began.  Sounds good, right?  Everyone loves veterans, so this is going to be a good thing all around; not quite.  By carving out exclusions for veterans, other people wanted to possess special treatment.  These people found lawyers to argue their cause, and special classes emerged for all types of people.  Entire industries have been built to identify, find, and pressure for special classes in the law.

This is not to say some of those people desiring special treatment did not need to have awareness of their particular plight become more known.  For example, people with physical disabilities needed awareness raised to advance hiring practices and level the playing field, but this should not have been a matter for federal legislation.  Each state in the Republic of America was considering laws for physically disabled people.  By forcing federal legislation, states lost the power to dictate, employers lost the freedom to act independently, and those with physical disabilities became second-class employees.  Instead of pride in accomplishment, which was desired while raising awareness, serf-like attitudes and complacency have become the order of the day.

Let us review three federal laws that emerged from these circumstances described above and which influenced employer/employee relations.

Americans with Disabilities Act  – 1990

  • Has its seminal beginning in 1973 Section 504 making it illegal to discriminate against those with disabilities if the organization receives Federal Government subsidies.
    • “No otherwise qualified individual with handicaps in the United States . . . shall, solely by reason of her or his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance….”  (ED.gov, 1995)
    • Classifies disabilities by disease.  Includes “Hidden Disease[s],” is changed constantly to update diseases covered, and dictates the only requirement for the disease is that the disease have a material effect on one’s ability to perform a major life activity.”  (Ed.gov, 1995)
    • Costs to business mostly occur in ‘soft’ costs, i.e., changing procedures, reasonable accommodations, etc.  Something to keep in mind though, “… noncompliance can cost an employer. In fiscal year 2006, for example, the Equal Employment Opportunity Commission (EEOC) resolved 15,045 disability discrimination charges and recovered $48.8 million in monetary benefits for workers who did not receive accommodations to which they are entitled under the ADA…”  (Woog, 2008)  Thus, monetarily speaking, noncompliance costs more than compliance.

Monetary issues are not the only costs involved, and the ‘soft’ discrimination of people with disabilities is reported to remain an ongoing problem.  Regardless of size in the organization, employers report a general consensus:  if the costs of compliance are under $500, it “makes sense” to comply.  If more than $500, the employer and disabled person will be at loggerheads.  The reason so many people have problems with compliance is that disability compliance is difficult to prove in the current employee/employer environment.  Shifting the paradigm and hiring by skill set allows the individual to set the work site accommodations, own the solution, and drive relationship.  Pride in accomplishment is lost when government mandates compliance, forming yet another cost.

Equal Employment Opportunity Commission (EEOC)

  • Begun with Title VII of the Civil Rights Act of 1964.
    • Foundations are discovered in Executive Order 8802, signed by President F. D. Roosevelt, demanding no discrimination based upon Race, Color, or National Origin.  This is the same president with war camps rounding up Japanese descendants and forcing those of German and Italian descent underground, but I digress.
    • Civil Rights Movement forces onto the worldwide stage the disparity between those of color and national descent.
      • Funded by the USSR and other communist and Islamist nations
      • Feeds into the current mindset that those of color should be coddled
      • Strips pride of accomplishment, desire to improve, and need to become better from people of all color, race, and national origin
      • Age discrimination has been added to protected classes against discrimination and the following statistics are known:

Equal Employment Opportunity Commission’s (EEOC) Charge Statistics for 2008. Private sector discrimination filings with the EEOC for 2008 (95,402) surpassed 2007 (82,792) by a staggering 15% – the biggest jump in the federal agency’s entire 44-year history.

  • Legal fees for lawyers, litigation costs pre-trial, and costs for compliance monitoring and training are substantial outlays for all business organizations regardless of size.  Compliance costs do not include ‘soft’ expenses and, as shown above, compliance costs are never about money alone, but many companies place total costs for compliance in monetary figures between $100,000 to $500,000 depending upon business organization size per claim.

Societal costs are staggering and unsustainable.  The need to both protect against litigation and meet the hiring quotas has, instead of bringing together a unified melting pot, broken the nation along more racial and national lines, pitted the experienced against the inexperienced, slandered age, and destroyed knowledge attainment for political connections.  The death of merit, honor, and dignity has been pronounced if changes to employment cannot occur soon.

Affirmative Action

  • This disaster has lead to such ambiguous terms as “Reverse Discrimination,” “White Guilt,” etc.  Affirmative Action was expected to be a temporary measure, but like all governments everywhere nothing is more permanent than a temporary measure.
  • Empowering judges to litigate from the bench to “correct wrongs.”  While the courts straddle the line about applying affirmative action and EEO, specific mathematical formulas detailing compliance are frowned upon, making compliance costs soar.
  • Closely tied to the utopian use of money to sway society.  Local, state, and federal government call this “investing in minorities and women” by spending prescribed amounts of money solely on business organizations owned by minorities and located in minority areas, all based upon quotas and political leadership.

Affirmative action, more than any other piece of legislation, accrues higher compliance costs.  Most of the legal problems will end in the Supreme Court where the basic price tag is $1 million.  Again, the entire cost of this legislation is not found in dollars and cents, but in mindsets, attitudes, and societal shifting.  The government costs for abiding by their rules is staggering; yet, the costs for businesses, schools, non-profits, etc., is worse.  Disney produced the movie, “Remember the Titans;” in this movie, the head coach and his assistant coach are having a conversation with direct merit to Affirmative Action.  The head coach tells the assistant that he “… [I]s crippling the young black kids… by coddling them.”  Society, since the Civil Rights Act of 1964 has crippled black society into being what they are currently, crippled white society, and forged iron chains of captivity around the hands and feet of all Americans in and out of the workforce.

These are but three of the many pieces of legislation stemming from the idealistic desire of the ‘Employment Act of 1946’ and the 1976 revision ‘Full Employment and Balanced Growth Bill.’  Top down government mandates only work in the US Military, and then only rarely work well.  America must re-embrace free enterprise, recognize that knowledge builds value, and exercise the freedom to choose including the inherent responsibility and accountability for consequences.  Until then, employers will continue to be forced into compliance, employees will lose, and politicians at the federal and state levels of government will award winners and losers unequally.

We, the citizens of America, must force the issue of change and reign in government spending, both of which can be accomplished through shifting the employment paradigm from employer/employee relations to an employer/independent contractor model.

© 2012 M. Dave Salisbury

All Rights Reserved

References

Ed.gov. (1995, January 01). The civil rights of students with hidden disabilities under section 504 of the rehabilitation act of 1973. Retrieved from http://www2.ed.gov/about/offices/list/ocr/docs/hq5269.html

Woog, D. (2008, August 22). What is the real cost of ada compliance?. Retrieved from http://hrpeople.monster.com/news/articles/1073-what-is-the-real-cost-of-ada-compliance