It is being widely reported that President-elect Donald Trump is intending to nominate Andrew Puzder as Labor Secretary. The move will likely fire up the SEIU and affiliated labor activists in opposition. Similarly there will be those amid the more conservative ranks that see Puzder as less than their desired nominee.
However, CTH has an alternate perspective on the nomination essentially hopeful that Donald Trump is intending to finally bring closure to a labor issue with over twenty years of economic crisis, and hundreds of millions spent on litigation as the backdrop.
Most people are oblivious to a reality that began within the U.S. Department of Labor under the administration of George W Bush. The issue encapsulates thusly:
- Under federal statue it is unlawful to hire an illegal alien who is not eligible to work in the U.S.
- However, under existing EEOC legal interpretations (Disparate Impact Rulings), it is unlawful NOT to hire an illegal alien who is not eligible to work in the U.S.
Within that strange and very specific dichotomy you find the problem with the modern interpretations of “disparate impact” as they apply to employment screening and employment eligibility.
The problem began under President Bush’s tenure (and EEOC policy), and exploded under President Obama’s Labor Department. (more…)
