Center for Equal Opportunity

The nation’s only conservative think tank devoted to issues of race and ethnicity.

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Comment on Dodd-Frank Proposed Interagency Policy Statement

Commissioners Todd Gaziano, Gail Heriot, Peter Kirsanow, and Abigail Thernstrom of the U.S. Commission on Civil Rights have submitted the attached incisive comment regarding an issue that has long been of interest to the Center for Equal Opportunity.  Here’s the background:  Last month, a number of Obama administration agencies with financial-sector regulatory responsibilities jointly published in the Federal Register a proposed “Policy Statement Establishing Joint Standards for Assessing the Diversity Policies and Practices of Entities Regulated by the Agencies.”  The statement comes as a result of Section 342 of the Dodd-Frank legislation, which requires these agencies each to “establish an Office of Minority and Women Inclusion” that, in turn, is to develop diversity and inclusion standards for workplaces and contracting.  CEO president Roger Clegg wrote a short summary of Section 342 here, and blogged about the recent policy statement here.

 

The proposed statement is even worse than the bill itself, since it aggressively applies not only to the agencies themselves but also to all those regulated by it, and repeatedly insists on the use of “metrics” and “percentage[s]“ (i.e., numerical quotas) to ensure compliance. And while the statute at least cautions that diversity efforts are to be undertaken “in a manner consistent with the applicable law” (like the Constitution and, presumably, federal civil-rights statutes that are colorblind in their protection against discrimination), there is no such nod in the proposed statement, nor is there any mention of stopping or preventing discrimination – the only possible justification for consideration of race, ethnicity, and sex in hiring, promotion, and contracting.  Comments on the proposed statement are due by Christmas Eve, and here’s hoping that the government receives more feedback like the Commissioners’ excellent letter.

Attachments:
Download this file (Comment re Proposed Interagency Policy Statement.pdf)Comment re Dodd-Frank Proposed Interagency Policy Statement[Comment re Dodd-Frank Proposed Interagency Policy Statement]62 Kb

Fact-Checking the New York Times

The Supreme Court’s decision to grant review in Fisher v. University of Texas, a case challenging that school’s use of racial and ethnic preferences in undergraduate admissions, got front-page, next-day treatment in the New York Times. Unfortunately, the article is misleading in some important ways. No surprise: The mainstream media’s efforts to pressure the justices are under way.

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Obama Issues Executive Order on Diversity

President Obama issued an executive order  last week titled, “Establishing a Coordinated Government-Wide Initiative to Promote Diversity and Inclusion in the Federal Workforce.” It’s quite vague, extolling the value of diversity without defining it, and setting up a “government-wide initiative” for “all agencies” that will “develop and issue a Government-wide Diversity and Inclusion Strategic Plan.” Details later, and the devil, of course, will be in the details.

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Sane Stern, Crazy Cuomo

The sports section of Monday’s New York Times has a long puff piece  on Richard Lapchick and how he pushes for “diversity” (that is, race-based hiring practices) in professional and amateur sports. But in the middle of the predictable pabulum is a bracing dissenting note from NBA commissioner David Stern:

Lapchick said he began receiving more cooperation in the years after Bud Selig and Roger Goodell became commissioners of M.L.B. and the N.F.L. But Commissioner David Stern, whose N.B.A. has historically received higher grades than the other leagues, argued that Lapchick’s good intentions—when carried to routine—missed the essential aim of fair-minded employment.

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Wal-Mart Case Is a Victory for Consumers

The Supreme Court handed down a big win for American consumers this week, though the case had nothing to do with consumer protection. The court's decision involved the rules for determining what constitutes a proper class of plaintiffs, representing not just those individuals who have come forward to allege illegal behavior but others who have been similarly harmed.

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