Why do we still practice race-based hiring despite SCOTUS ban
The corporate media are finally waking up to what I discovered in 2015: the Federal Aviation Administration (FAA), under President Barack Obama, hires air traffic controllers (ATC) based on race. But President Biden has taken it even further in his pursuit of “equity.” His FAA now gives “special emphasis in recruitment and hiring” to individuals with certain disabilities, including epilepsy, severe intellectual disability, and psychiatric disability.
How did we reach this point?
Twenty-nine years ago, I argued before the Supreme Court that the government’s use of race to award contracts was unconstitutional. My client, Randy Pech, was denied a subcontract because a federal agency gave a “bonus” to a minority-owned business. The Supreme Court ruled in our favor, stating that any person, regardless of race, has the right to demand equal treatment from the government.
This ruling was a game-changer, but now we see race-based decision-making everywhere. Ivy League universities appoint presidents based on skin color, corporations discriminate against white males, and “diversity, equity, and inclusion” (DEI) initiatives are out of control. What happened to the principles established in the Adarand Constructors, Inc. v. Peña case?
Because of the Supreme Court’s ruling, my client’s case was sent back to the district court for further review. In 2000, the court unanimously rejected attempts to dismiss the case. I returned to the court in 2001, but Justice O’Connor’s 2003 ruling allowed colleges to consider race in admissions for 25 more years. Despite this setback, Chief Justice Roberts recently ended race-based admissions by colleges and universities.
It’s time to stop discriminating on the basis of race, as Chief Justice Roberts wisely stated. The American people have had enough of racial politics and divisive policies. In 2025, a new president must put an end to DEI and all race-based hiring and decision-making in federal departments and agencies. Congress must also codify the Supreme Court’s ruling in Adarand and ensure compliance with the Constitution’s equal protection guarantee. Only then can we fulfill the promise of equality set forth in our founding documents.
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How does the practice of hiring air traffic controllers based on race and disability within the FAA contradict the principles of meritocracy and equal opportunity?
Fter the passage of the Americans with Disabilities Act (ADA), which was signed into law by President George H.W. Bush in 1990, the United States has made significant strides in promoting equal opportunities and protections for individuals with disabilities. The ADA prohibits discrimination against individuals with disabilities in various areas, including employment.
However, recent revelations have brought attention to a disturbing practice within the Federal Aviation Administration (FAA) under the Obama administration and its continuation under President Biden. It has been discovered that the FAA has been hiring air traffic controllers (ATC) based on race since at least 2015. This practice raises serious concerns about the fairness and equality in the hiring process.
The idea of hiring based on race is deeply problematic and goes against the principles of meritocracy and equal opportunity. It undermines the hard work and qualifications of individuals who may be more deserving of the positions. While diversity and representation are important in any organization, they should not be achieved by compromising the principles of fairness and merit.
President Biden’s FAA has taken this concerning practice even further in the name of “equity.” The agency now gives ”special emphasis in recruitment and hiring” to individuals with certain disabilities, including epilepsy, severe intellectual disability, and psychiatric disability. While it is essential to create an inclusive and accessible working environment, it is equally important to prioritize qualifications and abilities when making hiring decisions.
The goal of creating a more inclusive society should not be accomplished at the expense of employing individuals who may not possess the necessary skills and qualifications for a particular job. By hiring individuals solely based on their disabilities, the FAA is potentially compromising the safety and efficiency of the air traffic control system.
It is essential for any organization, including the FAA, to implement policies and practices that prioritize fairness, merit, and equal opportunity. While it is necessary to ensure that individuals with disabilities have access to employment opportunities, it must be done in a way that does not compromise the integrity of the hiring process.
It is crucial for the FAA and the Biden administration to review and reassess their hiring practices to ensure that they align with the principles of fairness and equal opportunity. This may involve moving away from hiring based on race or disability and instead focusing on qualifications, skills, and experience.
In conclusion, the practice of hiring air traffic controllers based on race and disability within the FAA is deeply troubling. It undermines the principles of meritocracy and equal opportunity, potentially compromising the safety and efficiency of the air traffic control system. It is essential for the FAA and the Biden administration to prioritize fairness and qualifications when making hiring decisions, ensuring that individuals with disabilities have equal access to employment opportunities without compromising the integrity of the hiring process.
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