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Wednesday, August 06, 2008 I am going thru Obama's Plan for America-- http://www.barackobama.com/pdf/ObamaBlueprintForChange.pdf I wanted to read what Plan he had for Women, so I went to page 35. BHO says: "We also need to change a system that is stacked against women. Forty percent of working women do not have a single paid sick day. More and more women are denied jobs or promotions because they’ve got kids at home. As the son of a single mother, that is not the America that I believe in. I’ll be a president who stands up for working parents. We’ll require employers to provide seven paid sick days each year. We’ll enforce laws that prohibit caregiver discrimination. And we’ll encourage flexible work schedules to better balance work and parenting for mothers and fathers. That’s the change that working families need." --Barack Obama, Speech in Bettendorf, Iowa, My response is, firstly, some of these claims are patently ridiculous. "More and more women are denied jobs or promotions because they’ve got kids at home" --I know of no case of this type of discrimination. I know of no employer, that when he finds out a female applicant has kids at home, denies them employment. The federal Equal Pay Act has been in effect since 1963, and is a criminal statute. Additionally, all states have tort law where employers can be sued for just the inference of discrimination and the burden of proof is on the employer to assert his innocence. --In 2003 BHO voted for the Illinois version of the Equal Pay Act, which expanded the federal law in 2 ways: First, the Illinois Act covers all employers with at least four employees. Thus, the Illinois Equal Pay Act covers Illinois employees that do not meet the statutory requirements of the federal Equal Pay Act (either because they do not meet the individual test, or do not conduct business of at least $500,000 per year). [Secondly,] the Illinois Equal Pay Act, on the other hand, is not limited to employees within the same establishment but rather to employees within the same county. Specifically, the Illinois Equal Pay Act states that it is not to be interpreted to require employers to pay an employee in one county the same as an employee in another county Source - http://library.findlaw.com/2003/May/22/132762.html -- Therefore a person believed to suffer discrimination has federal, state and tort law avenues for redress. One problem with this however, is that the government has preeminence in such cases, which means that, if found guilty, the employer is fined, or goes to jail, or the business goes bankrupt [with say 5 employees] BEFORE the tort law case gives one dime in compensation or restitution to the victim. Additionally, the federal EEOC has its own jurisdiction on these types of cases that overlaps with the other violations of law. [As an aside ---Please note that these federal and state laws apply equally to illegal aliens; yet Mr O claims he will stop "raids" on businesses that hire illegals because he believes it immoral to take jobs away from poor people [this is a different topic, but related to this enforcement proposition] Thusly, in his Plan for America, Mr. O proposes to increase enforcement in this Equal Pay area. My question is "How?" More police? More funding of federal prosecutors with specific instructions to place a priority on these types of cases? I am going to go out on a limb and suggest that Mr. O believes that there is more discrimination going on than is filed or reported, thus he believes in more enforcement. But at what cost? According to the EEOC-- "enforcement of the Equal Pay Act in 1979 through the end of May 2003, the Commission has filed approximately 364 lawsuits" source-- http://www.eeoc.gov/epa/anniversary/epa-highlights.html Is that all? From 1979 to 2003, only 364 suits? What is the cost to maintain a bureaucracy like the EEOC, an agency which has broad, sweeping powers [which I personally believe are Constitutionally questionable]?-- When there are ALREADY federal and state CRIMINAL statutes on the books? Do we really need more enforcement? Do you want your business inspected by an overstaffed prosecutorial agency that has the power to come into your place of business to interview your employees to ensure that they are not being discriminated against? I also note that there is nothing here about Men and Their Families, which clearly discriminates against men. What about the need for Paid Leave for Men, or Violence against Men, or Men's Health? These topics are ignored; because there is a cultural bias that insists on "equality" for one group, and not another. Need I go on? How about this, from the same Plan section: "Paid Sick Days -- Obama will require that employers provide seven paid sick days per year to their employees." How will this impact your business, in addition to other days you are required to provide? Or this from his Plan: "Expand Flexible Work Arrangements Will a federal worker come to your business to inform you about the benefits of flexible work schedules? "Ending Violence Against Women Let’s say you are an employer and you hire a woman with a past history of being a victim of violence. You can't ask about that on her application, because that is discrimination. But with the new job protection program in place, you can't fire her, since she now has federal protection and job security due to her domestic-violence experiences. Clearly, these are far-reaching and insane policies. And this is just the first part of the Obama Plan for America that I have examined |
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