The Legacy of the Obama-Biden Adminstration's Last-gasp Discrimination
This week, President Donald Trump has been predictably declared a racist by hundreds of media commentators, politicians, and others opining on the Republican National Convention. He has been contrasted to former Vice President Joe Biden, who last week accepted the Democratic nomination for President of the United States and picked Senator Kamala Harris (D-CA) first and foremost because of her race and sex — not merit.
For the media and many voters, picking Harris has secured Biden’s legacy as a man opposed to racism, sexism, and overall discrimination. But a look back at one of the Obama-Biden administration’s last actions calls this into question.
In 2016 and 2017, after Donald Trump won the presidential election but before he became president, federal litigator Janet Herold filed discrimination lawsuits against Google, Palantir, Microsoft, Oracle, and Cisco Systems. Based solely upon statistics — such as, 85 percent of applicants for jobs are Asian, but only 14 percent of hires are Asian — the lawsuits claimed that the companies were engaging in race and sex discrimination.
The Oracle lawsuit was filed two days before Trump took power — not enough time to file legal paperwork, never mind win a case. And contrary to good government best practices, Herold has never claimed that racial discrimination claims were made by employees or those who were passed over for work. She has relied totally on statistics — arbitrary numbers being used to push her Big Union labor agenda.
The race and sex-based, meritless lawsuits are no accident. Herold is part of the DOL’s Office of Federal Contract Compliance Programs, or OFCCP, an agency arm which is supposed to focus on eliminating actual discrimination by federal contractors. In 2009, however, the Obama-Biden administration changed its focus to one that is far more insidious and activist. Instead of stopping discrimination, the office empowered Swamp holdovers like Herold to invent discrimination where none exists.
Herold herself is a prime example of an activist with government power. She was put in place to lead a team of Labor Department lawyers in 2012 despite not being an objective public servant. For the 10 years prior to entering the government, she was Associate General Counsel for the Service Employees International Union. Her job? To put union interests first.
Labor unions were once a powerful voice for workers before they became limbs of the Democratic Party, but Herold clearly never left her politics at the government door. The good news is that Oracle and Google aren’t taking this fight lying down. Google got the case thrown out, and Oracle has countersued. The latter case is still in the courts.
Government abuse, even during lame-duck presidential administrations, is hardly unknown. President Bill Clinton pardoned and commuted sentences for 176 people the day he left office, including two liberal terrorists and indicted fugitive Marc Rich. But at least he had that authority. What Obama and Biden did was spend years abusing the power of government for a few hurrahs from Big Labor activists.
These lawsuits haven’t come cheap. Palantir settled for $1.7 million despite admitting no fault, and who knows how many millions of dollars Oracle and Google spent in court — or how much money taxpayers have spent in court and paying Herold and her team of government activists to act in partisan, guilty-until-proven-innocent fashion.
With the Democratic convention over, the Biden-Harris campaign is in full swing with its partners in the press. Trump shouldn’t take this whitewashing of history lying down this week; he should order Labor Secretary Eugene Scalia to protect the rights of citizens by ending the Oracle lawsuit and put the OFCCP back into its proper role. And then he should remind Americans just how discriminatory a Biden-Harris administration would be.
Gregory D. Rohrbough, J.D. is a longtime activist on issues such as labor abuse and human trafficking. He is also a former Director of Government Relations for the Meredith Advocacy Group and a former Director of Communications for the National Right To Work Committee.