One of the unintended consequences of big government is that agencies have to justify their existence by finding and attacking windmills. Imagine being an Equal Opportunity Commission (EEOC) worker whose job is to stamp out sexual harassment in the work place. Problem number one is you must sniff out the evil sexual-harassment-doers, and that is not so easy. Promotions and bonuses may depend on creating a track record of finding and stomping on the bad companies that practice sexual harassment in the work place. You must find and pursue cases to prove you are good at your job. What if instead of one EEOC anti-sexual-harassment champion of justice the EEOC employs ten or one hundred or one thousand?
Many times the power and unlimited legal resources (translation: money is no object) of the EEOC causes small businesses to cower and cave-in and agree to the claims made by the big, bad all-knowing EEOC. Most businesses just do not have the funds, the time or the willingness to engage in a lengthy and expensive court battle. Recently, however, CRST Van Expedited, a trucking company in Cedar Rapids, Iowa, fought and won a very expensive lawsuit brought by the EEOC in 2007. The judge in the case said, “the EEOC has not compiled the failings of CRST’s managers in any meaningful way to show that CRST has a pattern or practice of tolerating sexual harassment in its workplace.” Oops! Three years of litigation and no evidence of sexual harassment in the workplace. The judge ordered the EEOC to take $4.56 million from the taxpayers and pay it to CRST Van Expedited for its attorneys fees and costs. That is a lot of money, but it illustrates how expensive it is to litigate, which is why so many defendants cannot or will not spend the money to defend against the allegations of the EEOC.
It would be nice if some heads rolled at the EEOC and the people who were responsible for pursuing this big loser case would be fired or at least disciplined and demoted. Unfortunately, government rewards incompetence so there is no chance the EEOC perpetrators will suffer any adverse consequences for costing the government $4.56 million plus the time and cost of EEOC personnel who wasted government resources prosecuting the EEOC harassment lawsuit.
ABUSES of civil rights by EEOC:
February 27, 2010 MEMO
To follow up on a matter of concern to the public, discriminatory practices and abuses by a federal civil rights law enforcement agency (EEOC). To make matters brief so one or more can quickly read and comprehend the entirety of how the taxpayers’ paid $4.5 Million Fee in an EEOC case Northern District of Iowa. Why? see Press release 2/9/2010.
The rules: Dismissal Notice of Rights: EEOC based upon its investigation a violation of the statutes it enforces. EEOC had established a violation (If EEOC is unable to successfully conciliate the case, the agency will decide whether to bring suit in federal court. Copied from the Internet.) of the statutes. The suit is in court because of its (EEOC) investigation determined a violation of the statutes.
The Court: Press release 4th paragraph: In her February 9, 2010 order and opinion…fees to CRST as the prevailing party was warranted because EEOC, among other things, acted unreasonably by suing CRST without first conducting a proper investigation required by law. This is the opposite that suggests EEOC based its suit on an investigation of information provided established a violation of the statutes.
The Court awarded the National Trucking Company $4.5 million in taxpayers’ money. EEOC did not comply with the provisions of the law all people are treated the same (rules to investigate).
Our elected officials make laws, rules, and legal regulations that are civil servants MANDATORY OBLIGATION to ensure the public complete confidence in government operations and programs.
EEOC appears to have made a false statement on a court or official document to let’s say dupe the court in its filing of an investigation to file a suit now seen untrue. A false statement by Executive Branch officials or employees is a violation of Federal criminal law Title 18 USC. The Iowa District Court does not addresses violations of Title 18, it’s the purview of the United States Attorney or Attorney General see 28 USC sec. 535.
Why is this happening? This is our money appropriated by elected officials to those whom serve the public. The deafening silence at United States Attorney Office can be construed as aiding or helping those to continue freely exploit our Constitutional Rights, without concern of disciplinary action or penal consequences. The Integrity Committee and EEOC Office of Legal Counsel letters are opposite of the laws and legal regulations 28 USC sec.535 a.k.a. MANDATORY OBLIGATION. Those at EEOC are still working. I wonder WHY?
Why is the Attorney General or United States Attorney silent? Is this about a double standard of the rule of law all people are not treated the same? Or not exposing those colleagues that may go to jail? It’s the job of the United States Attorney to defend the Constitution. Is this one of 48,000/year civil rights cases on a desk no one occupies? Or one of many? I wonder. EEOC has gone beyond the intent of Congress and the law gambling with our tax money.