Shaheen, Hodes and Shea-Porter Vote In Favor of Racial Profiling
Sunday, July 18, 2010 at 09:54AM The financial reform bill passed by Congress has a little talked about section on hiring based on Racial and Gender Preferences. This requirement establishes racial profiling as a matter of law, for all financial institutions. It was another straight party line vote in both chambers with a few from each party defecting to the other side. Most notably in the Senate it was the Northeast RINOS Brown, Collins and Snowe voting with the Democrats for the bill and Russ Feingold voting with the Republicans against the reform package. Shaheen (D), Hodes (D) and Shea-Porter (D) all voted in favor of gender and racial profiling in the Financial Industry, Judd Gregg (R) voted against it.
How is it possible to give racial preference in hiring without establishing a profile of every employment candidate especially regarding their racial and ethnic background?
It once again shows that the Democratic Party is racist. They see race at every turn and find it necessary to make laws based on race. They are trying to turn the Free Enterprise system that has been for the most part a meritocracy, where a person advances based on their skills and contributions and turning it into a gender and race based entitlement system. It is degrading to anyone of color telling them they can’t get a job without using their race as the ticket. This is also very divisive policy as it creates a government mandated system of winners and losers based wholly on race or gender.
There are bright spots. This signals the end of the Unions as we know them today. With the Federal government taking such a micro-managed role in running businesses, it will no longer be necessary to have a union. Members will come to realize that their dues are only contributing to the lifestyles of the Union Bosses and the political candidates they favor. Any work related issues, right down to who is hired are being legislated.
Secondly, this should have the attorneys representing Arizona in the federal lawsuits jumping for joy. Any complaints about racial profiling are now moot with the Federal Government making profiling not only legal but also a requirement!
Work Hard Have Fun!
Bob DeMaura
Reader Comments (12)
Well said.
But of course, Ho, Hyphen and the Quenn will tell us, just like the Health Care bill, this bill will make life better for all of us.
Like Obamacare, we will see the details emerging over time, and my forecast is, again like Obamacare, some of them will hav nothing to do with financial reform.
(a) OFFICE OF MINORITY AND WOMEN INCLUSION.—
(1) ESTABLISHMENT.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), not later than 6 months after the date of enactment
of this Act, each agency shall establish an Office of Minority
and Women Inclusion that shall be responsible for all matters
of the agency relating to diversity in management,
employment, and business activities.
(B) BUREAU.—The Bureau shall establish an Office
of Minority and Women Inclusion not later than 6 months
after the designated transfer date established under section
1062.
(2) TRANSFER OF RESPONSIBILITIES.—Each agency that, on
the day before the date of enactment of this Act, assigned
the responsibilities described in paragraph (1) (or comparable
responsibilities) to another office of the agency shall ensure
that such responsibilities are transferred to the Office.
(3) DUTIES WITH RESPECT TO CIVIL RIGHTS LAWS.—The
responsibilities described in paragraph (1) do not include
enforcement of statutes, regulations, or executive orders pertaining
to civil rights, except each Director shall coordinate
with the agency administrator, or the designee of the agency
administrator, regarding the design and implementation of any
remedies resulting from violations of such statutes, regulations,
or executive orders.
(b) DIRECTOR.—
(1) IN GENERAL.—The Director of each Office shall be
appointed by, and shall report to, the agency administrator.
The position of Director shall be a career reserved position
in the Senior Executive Service, as that position is defined
in section 3132 of title 5, United States Code, or an equivalent
designation.
(2) DUTIES.—Each Director shall develop standards for—
(A) equal employment opportunity and the racial,
ethnic, and gender diversity of the workforce and senior
management of the agency;
(B) increased participation of minority-owned and
women-owned businesses in the programs and contracts
of the agency, including standards for coordinating technical
assistance to such businesses; and
(C) assessing the diversity policies and practices of
entities regulated by the agency.
(3) OTHER DUTIES.—Each Director shall advise the agency
administrator on the impact of the policies and regulations
of the agency on minority-owned and women-owned businesses.
H. R. 4173—167
(4) RULE OF CONSTRUCTION.—Nothing in paragraph (2)(C)
may be construed to mandate any requirement on or otherwise
affect the lending policies and practices of any regulated entity,
or to require any specific action based on the findings of the
assessment.
(c) INCLUSION IN ALL LEVELS OF BUSINESS ACTIVITIES.—
(1) IN GENERAL.—The Director of each Office shall develop
and implement standards and procedures to ensure, to the
maximum extent possible, the fair inclusion and utilization
of minorities, women, and minority-owned and women-owned
businesses in all business and activities of the agency at all
levels, including in procurement, insurance, and all types of
contracts.
(2) CONTRACTS.—The procedures established by each
agency for review and evaluation of contract proposals and
for hiring service providers shall include, to the extent consistent
with applicable law, a component that gives consideration
to the diversity of the applicant. Such procedure shall
include a written statement, in a form and with such content
as the Director shall prescribe, that a contractor shall ensure,
to the maximum extent possible, the fair inclusion of women
and minorities in the workforce of the contractor and, as
applicable, subcontractors.
(3) TERMINATION.—
(A) DETERMINATION.—The standards and procedures
developed and implemented under this subsection shall
include a procedure for the Director to make a determination
whether an agency contractor, and, as applicable, a
subcontractor has failed to make a good faith effort to
include minorities and women in their workforce.
(B) EFFECT OF DETERMINATION.—
(i) RECOMMENDATION TO AGENCY ADMINISTRATOR.—
Upon a determination described in subparagraph
(A), the Director shall make a recommendation
to the agency administrator that the contract be terminated.
(ii) ACTION BY AGENCY ADMINISTRATOR.—Upon
receipt of a recommendation under clause (i), the
agency administrator may—
(I) terminate the contract;
(II) make a referral to the Office of Federal
Contract Compliance Programs of the Department
of Labor; or
(III) take other appropriate action.
(d) APPLICABILITY.—This section shall apply to all contracts
of an agency for services of any kind, including the services of
financial institutions, investment banking firms, mortgage banking
firms, asset management firms, brokers, dealers, financial services
entities, underwriters, accountants, investment consultants, and
providers of legal services. The contracts referred to in this subsection
include all contracts for all business and activities of an
agency, at all levels, including contracts for the issuance or guarantee
of any debt, equity, or security, the sale of assets, the management
of the assets of the agency, the making of equity investments
by the agency, and the implementation by the agency of programs
to address economic recovery.
H. R. 4173—168
(e) REPORTS.—Each Office shall submit to Congress an annual
report regarding the actions taken by the agency and the Office
pursuant to this section, which shall include—
(1) a statement of the total amounts paid by the agency
to contractors since the previous report;
(2) the percentage of the amounts described in paragraph
(1) that were paid to contractors described in subsection (c)(1);
(3) the successes achieved and challenges faced by the
agency in operating minority and women outreach programs;
(4) the challenges the agency may face in hiring qualified
minority and women employees and contracting with qualified
minority-owned and women-owned businesses; and
(5) any other information, findings, conclusions, and recommendations
for legislative or agency action, as the Director
determines appropriate.
(f) DIVERSITY IN AGENCY WORKFORCE.—Each agency shall take
affirmative steps to seek diversity in the workforce of the agency
at all levels of the agency in a manner consistent with applicable
law. Such steps shall include—
(1) recruiting at historically black colleges and universities,
Hispanic-serving institutions, women’s colleges, and colleges
that typically serve majority minority populations;
(2) sponsoring and recruiting at job fairs in urban communities;
(3) placing employment advertisements in newspapers and
magazines oriented toward minorities and women;
(4) partnering with organizations that are focused on developing
opportunities for minorities and women to place talented
young minorities and women in industry internships, summer
employment, and full-time positions;
(5) where feasible, partnering with inner-city high schools,
girls’ high schools, and high schools with majority minority
populations to establish or enhance financial literacy programs
and provide mentoring; and
(6) any other mass media communications that the Office
determines necessary.
(g) DEFINITIONS.—For purposes of this section, the following
definitions shall apply:
(1) AGENCY.—The term ‘‘agency’’ means—
(A) the Departmental Offices of the Department of
the Treasury;
(B) the Corporation;
(C) the Federal Housing Finance Agency;
(D) each of the Federal reserve banks;
(E) the Board;
(F) the National Credit Union Administration;
(G) the Office of the Comptroller of the Currency;
(H) the Commission; and
(I) the Bureau.
(2) AGENCY ADMINISTRATOR.—The term ‘‘agency administrator’’
means the head of an agency.
(3) MINORITY.—The term ‘‘minority’’ has the same meaning
as in section 1204(c) of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 note).
(4) MINORITY-OWNED BUSINESS.—The term ‘‘minority-owned
business’’ has the same meaning as in section 21A(r)(4)(A)
H. R. 4173—169
of the Federal Home Loan Bank Act (12 U.S.C. 1441a(r)(4)(A)),
as in effect on the day before the transfer date.
(5) OFFICE.—The term ‘‘Office’’ means the Office of Minority
and Women Inclusion established by an agency under subsection
(a).
(6) WOMEN-OWNED BUSINESS.—The term ‘‘women-owned
business’’ has the meaning given the term ‘‘women’s business’’
in section 21A(r)(4)(B) of the Federal Home Loan Bank Act
(12 U.S.C. 1441a(r)(4)(B)), as in effect on the day before the
transfer date.
Work Hard Have Fun!
Bob DeMaura
No wonder NHI is so exercised over this issue.
Seriously, how do you face yourself in the mirror after writing something as fundamentally misleading as this bit of tomfoolery?
Tell me how they are going to accomplish this "integration" without the benefit of Racial Profiling?
Is it enough for a person to say they are black or hispanic for them to qualify?
What about the transgenders the NH Democrats were so concerned about recently, do they qualify as a woman if they are in the process of changing from a man? What if they are changing to a man from a women when does their qualification end?
Aren't women in the majority? Would that make this section unfair to a select minority namely males?
Are you saying that the current civil rights laws dictate that all places of employment that have anything to do with the federal government has to have a racially balanced work force? Thus they are allowed to racially profile to accomplish this?
As for the mirror I just have to read Ray Buckley press releases to see that I am way within the truth zone compared to the NH Democrats!
Work Hard Have Fun
Bob DeMaura
More thoughts on the blatant racism being promoted in the financial reform bill. Racism that is fully and completely supported by the Democrat Party.
The Civil Rights laws of 1964 provide for equal treatment based on race, color, gender and creed, sexual preference was added at some point. It does not guarantee a job, only that two equally qualified candidates be treated the same when making hiring/promotion decisions.
The Financial reform law calls for making hiring and promotion decisions based solely on race or gender. It allows that when there are two candidates of unequal qualifications then race and gender must be considered before making the hiring/promotion decision. A clear and blatant violation of the Civil Rights act of 1964!
So my additional questions are:
Would a women owned bank or investment firm need to have 40% males working there?
Would a Black owned and/or operated bank or investment firm be required to hire 60% whites with 60% of those being women?
Work Hard Have Fun!
Bob DeMaura
There appears to be something wrong with your ability to comprehend the meaning of what you read. There is nothing in the act just passed that does what your third paragraph claims. Why you believe otherwise is a mystery. My sense is you have a bad case of the vapors, and if this is the case, I suggest you calm down.
I presume your questions are actually non-sequiters, but in any case there is nothing in the act that identifies minimum percentages. You probably are aware of this.
Finally, you don't seem to understand the meaning of "racial profiling". here are a couple of definitions for you:
"Using race as a key factor in deciding whether to make a traffic stop."
"Any police-initiated action that relies on the race, ethnicity, or national origin rather than the behavior of an individual or information that leads the police to a particular individual who has been identified as being, or having been, engaged in criminal activity."
Hopefully this helps clear up your confusion, but I have my doubts...
Work Hard But Try To Be Smarter!
"(2) CONTRACTS.—The procedures established by each agency for review and evaluation of contract proposals and for hiring service providers shall include, to the extent consistent
with applicable law, a component that gives consideration to the diversity of the applicant."
Which part of "profiling" are you having trouble with? "Giving consideration to the diversity of the applicant" sure sounds like they are considering race and gender!
An all Black owned and operated bank will not meet the "diversity" component, nor will a Women owned and staffed business. It will be interesting to see if the rules will apply to these instances, will they be denied access to government work for not being diverse?
"(C) assessing the diversity policies and practices of entities regulated by the agency."
Wow that means every single bank, investment firm, stock broker etc. in America!
You can't fathom how a company will be forced to make hiring decisions on race and gender to stay within the framework of this bill! You will never end racism by legislating racism into the laws.
Work Hard Have Fun!
Bob DeMaura
Thus he/she retorts with the standard "progressive" response. I must be some sort of redneck racist with uncouth upbringing!
Just be aware that your job is also at risk once we go down that slippery slope of giving jobs based on some non-job related criteria and not ability and performance!
Work Hard Have Fun
Bob DeMaura