Age Discrimination by Feds Violates U.S. Constitution and Universal Declaration of Human Rights

It would seem to be patently illegal to accord lesser treatment to discrimination victims on the basis of age as opposed to race, sex, religion, color and national origin.

Yet, this is the law of our land.

The U.S. Supreme Court has consistently ruled that older workers are entitled to less protection from age discrimination than victims of discrimination the basis of race, sex, color, national origin and religion.  The U.S. Congress 50 years ago adopted the Age Discrimination in Employment Act, which is far weaker than Title VII of the Civil Rights Act of 1963. The U.S. Office of Personnel Management has operated a discriminatory hiring program for years, depriving older workers of tens of thousands of job.

And now the EEOC, the regulatory agency charged with protecting older workers from age discrimination, has sanctioned second-class treatment of older workers in hiring by the federal government.

It’s hard to square legalized age discrimination with the Equal Protection Clause of the Fourteenth Amendment, which says no state shall deny to any person within its jurisdiction “the equal protection of the laws.”  The Equal Protection Clause is extended to the federal government through the Fifth Amendment Due Process Clause. And it’s even harder to square legalized age discrimination with the Universal Declaration of Human Rights, Article 23, which declares: “Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.” The U.S. was a leader in the movement to adopt the Universal Declaration of Human Rights in 1948.

The U.S. Supreme Court bases its unequal treatment of older workers on an absurd falsity.

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Support for American Workers is Hard to Find

Who is standing up for the rights of American workers?

GOP President Donald Trump and the GOP-led U.S. Congress seem to be determined to eliminate worker rights rather than to expand them. Trump has reversed a bevy of pro-labor measures that former Democratic President Barack Obama enacted on his own without Congressional backing. Meanwhile, workers continue to seethe about mostly Democratic trade policies that sent American jobs to other countries.

Labor unions are barely hanging on, despite the fact that unions pioneered many of the employment benefits that workers take for granted today. In 2016, the union rate for private sector workers was 6.4 percent – down from 20.1 percent in 1983.  Organized labor is currently battling a potentially crippling effort by Trump and the GOP to prevent unions from requiring nonmembers to pay representation fees.

It may be an understatement to say that advocacy of worker rights  does not appear to be high on the agendas of the Equal Employment Opportunity Commission and US. Department of Labor.

Under the Democratic administration of President Barack Obama,  the EEOC shifted its focus away from filing lawsuits and prosecuting employers who engaged in illegal discrimination. Instead, the EEOC is focused on providing free dispute resolution services to these very same employers. Mediation is often a lousy deal for discrimination victims, who walk away with a pittance to compensate for the loss of a decent job, but it’s always a great deal for employers, who avoid potentially catastrophic fees and damages stemming from a lawsuit.  Also, mediation is completely secret so other potential litigants are kept in the dark.  Meanwhile, the EEOC has for years ignored one of the most pressing civil rights issues of our day – blatant and epidemic age discrimination in hiring that is particularly devastating to older women, who suffer twice the poverty rate of men in their old age.  The EEOC received more than 20,000 age discrimination complaints in 2016; it  filed only TWO lawsuits with “age discrimination claims.” [Read more…]

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Labor Day and the Problem with Government by Fiat

The  dysfunction of American government is on parade this Labor Day, as Republican President Donald Trump reverses labor advances instituted by his Democratic predecessor, Barack Obama.

Trump, ostensibly to eliminate job-killing regulations, has overturned a bevy of Obama-era policies that represented a step forward for women and minority workers. Many of these rules were promulgated by Obama in the form of an executive order, which lacks the imprimatur of Congress and the assurance of permanence. Obama said he was forced to act unilaterally because Republicans wouldn’t cooperate with him.

Government by fiat causes cynicism, wastes government resources and leads to the suffering of vulnerable people

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