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De Omnibus Dubitandum - Lux Veritas

Monday, October 28, 2013

Racial Preferences and Red Tape Grow Under Federal Dodd-Frank Act

by Hans Bader on October 28, 2013
Last Friday on National Review‘s The Corner, Roger Clegg wrote about the 2010 law governing the financial sector, the Dodd-Frank Act, and the racial “diversity quotas” that may come into being under a proposed regulation to implement that legislation:
Today a number of Obama administration agencies with financial-sector regulatory responsibilities have 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.
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” . . . there is no such nod in the proposed statement, nor is there any mention of stopping or preventing discrimination – the only possible [constitutional] justification for consideration of race, ethnicity, and sex in hiring, promotion, and contracting…..To Read More…

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