Tuesday, February 1, 2011

Let Not Thy Left Hand Know What Thy Right Hand Doth

So sayeth the Good Book (Douay-Rheims of course, no King James for this son of the Mother Church.) Of course, the teaching is about alms, but it does lead us the continued harassment of law abiding patriotic Americans by the misnamed Office of Special Counsel for Immigration-Related Unfair Employment Practices, Civil Rights Division, Department of Justice and the execrable Thomas Perez, white hating racist.
OSC CRD has again made the enforcement of the immigration laws of the United States more difficult by openly and flagrantly harassing employers who seek to comply with the Immigration and Nationality Act by keeping illegal aliens out of their workforces. In this case one of the last of the great American manufacturers, Hoover, Inc. is the victim.

WASHINGTON – The Justice Department today announced that it has reached a settlement agreement with Hoover Inc., a leading manufacturer of vacuum and carpet cleaners with facilities in Ohio and Texas, to resolve allegations that Hoover engaged in a pattern or practice of employment discrimination by imposing unnecessary and discriminatory hurdles in the I-9 process upon lawful permanent residents.

According to the department’s findings, Hoover required all permanent residents who presented a permanent resident card (green card) for I-9 purposes to produce a new green card when theirs expired. In contrast, Hoover’s U.S. citizen workers were not required to present new documents. Like U.S. citizens, permanent residents are always work authorized, regardless of the expiration of their documentation. The Immigration and Nationality Act (INA) prohibits employers from treating permanent residents differently than U.S. citizens in the I-9 process.

Under the terms of the settlement, Hoover has agreed to pay $10,200 in civil penalties. Hoover will also train its human resources personnel about employers’ nondiscrimination responsibilities in the I-9 process, and it will provide periodic reports to the department for one year.

"All permanent residents in the United States have the right to continued employment without the burden of presenting new documentation when their green cards expire," said Thomas E. Perez, Assistant Attorney General for the Justice Department’s Civil Rights Division. "We are pleased to have reached the settlement with Hoover and look forward to continuing to work with all employers, both public and private, to educate them about their responsibilities under federal law."
And misleadingly, OSC implies that its sole responsibility is to protect legal aliens from pernicious discrimination from whitey:

The Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA, which protects work authorized individuals against discrimination in hiring, firing and recruitment or referral for a fee on the basis of citizenship status and national origin. The INA also protects all work-authorized individuals from discrimination in the employment eligibility verification process and from retaliation.
But their responsibility also includes protecting American citizens and legal residents from discrimination by employers who prefer illegal alien workers and aliens with non-immigrant work visas, such as the H-1 and L-1 visas. However OSC continues to refuse to investigate such discrimination. It just flat refuses. Companies that use imported Indian tech workers have nothing to fear from OSC. An American has to use his own money to file a lawsuit, as Walter Kruz was forced to do. No OSC charletan came riding to help:
A lawsuit filed Monday alleges Santa Clara computer giant Sun Microsystems Inc. laid off thousands of U.S. high-tech workers in order to replace them with younger, lower-paid engineers from India.

The lawsuit, for which class-action status is being sought, is certain to intensify an already fierce debate between technology companies and American engineers over the future of the H-1B visa program. Such visas let companies temporarily bring foreign workers into the United States. Companies say that H-1B visas provide well-trained workers who have skills that are hard to find in the domestic labor force. But U.S. workers say that at a time of high unemployment among American engineers and computer programmers, the H-1B program is mainly being used to bring in cheaper workers from overseas.

The latest case, filed in Santa Clara County Superior Court, was brought by Walter Kruz, 52, who was employed at Sun from May 2000 until late 2001, when Sun was laying off about 2,500 of its workers in the United States. While Kruz is currently the only plaintiff, his attorney, James Caputo, plans to sue on behalf of hundreds of other Sun workers whom he believes received similar treatment.

The lawsuit claims Sun had a bias in favor of hiring people from India, citing as evidence statements made this year by Sun's Indian-born co-founder, Vinod Khosla, on the CBS television program "60 Minutes." Khosla was quoted as saying that at Sun, people from India "are favored over almost anybody else."

According to the lawsuit, hardly any of those laid off by Sun were of Indian descent. Instead, the company created a performance evaluation program that required managers to classify a certain percentage of workers as underperformers, the suit alleges. At the same time, workers who had been at the company for a short time were exempted from this evaluation program, ensuring that few H-1B visa holders would be subject to it. As a result, most of those found to be underperfomers were older, American-born workers.

At the same time, the suit alleges, Sun was applying for permission to bring in about 2,400 foreign workers, mostly from India, to fill technical jobs. Many of these jobs were advertised in the United States, as federal law requires. But the suit alleges that Sun refused to consider any of the laid- off U.S. workers for the positions.
Of course, the fine itself in the Hoover case, a measly $10,200.00, shows that the whole case was a waste of DOJ resources. That does not even cover the billable hours of the OSC CRD attorney involved, much less the travel costs, support staff, and other expenses of this lawsuit.
But what it did was discourage Hoover from properly examining documents presented by aliens to gain employment. It is obvious that an alien with an expired green card could no long have employment authorization. The person could have lost his status because of a criminal conviction did not apply for a new card because he would have to show up at a USCIS office and be fingerprinted. No alien under an order of deportation would do that. It was a wise and patriotic decision by Hoover to require that expired cards be dealt with. In any event it is a misdemeanor for the aliens involved to not possess valid proof of legal permanent residence. If encountered by ICE for the Border Patrol, they would have been arrested or cited for that crime. But the Obama Regime seeks to discourage employers from complying with the INA. This issue could easily be handled by a simple letter advising Hoover of the proper procedure. No litigation was necessary. The litigation was designed to spur employers to resist cooperating with ICE, discourage use of E-Verify, and encourage employers to lobby for amnesty.
Perhaps the Obama Regime does know what the left hand is doing, evilly so.

No comments: