A month ago, constitutional law attorney Bruce Delvalle argued that an ongoing series of unjust and arbitrary Department of Labor discrimination lawsuits against Google and other tech companies are “inexplicable and contrary to everything the current White House cherishes.” Delvalle couldn’t be more right – and it’s past time for President Donald Trump to use his most powerful weapon to deliver a victory for conservatives and Google.
That’s right. Trump should use Twitter to help Google by creating a more ethical and better-run government. Here’s how it would work.
First, Trump should direct Department of Labor Secretary Eugene Scalia to end the Office of Federal Contract Compliance Programs’ lawsuits against Google, Oracle, and other firms. These lawsuits are based upon statistical data and arbitrary assumptions, not actual discrimination. They have little, if any, basis in reality, and they are simply a hammer which is being used to intimidate the private sector.
Second, Trump should use Twitter to turn this public policy win into a political victory by arguing that:
Good government treats citizens equally, no matter their political leanings.
These lawsuits were all lame-duck filings – the Oracle lawsuit, alleging systemic discrimination against female, black, and Asian employees, was brought just two days before Obama left office. This is a significant sign that they were meant as dictator-like, bullying tactics.
Remind the private sector that it can never be “woke” enough for liberals. Google is a liberal leader among corporate America, but that didn’t protect the company from an overeager government using its oversized hammer.
Recognize that these witch-hunt lawsuits violate a basic principle of Anglo-American jurisprudence: the presumption of innocence.
As columnist Mark Steyn frequently says, “the process is the punishment.” Winning in court can cost these corporations millions of dollars, which are then passed on to the consumer…and settlements cost millions more. On the prosecuting side, these frivolous lawsuits cost the taxpayers millions.
Finally, point out to all Americans that fake discrimination lawsuits undermine victims of real discrimination. The boy who cried wolf wasn’t believed when push came to shove, and nor will a federal agency which cries wolf with public money.
Third, Trump should continue to cite these lawsuits throughout 2020 as a prime example of a Swamp which just won’t die. It is outrageous that statistics are used to justify publicly-funded assaults on the private sector. It’s also a clear sign of how oversized our government is – that an administration which is on the path to putting thousands of dollars in Americans’ pockets through deregulation missed this glaring issue for so long.
Noted Internet funnyman David Burge, a.k.a. Iowahawk, recently and trenchantly observed, “Ever notice we spend every presidential election arguing over which caveman gets to wield the giant club, and we never argue about why we have a giant club?” A giant club that bludgeons businesses into huge settlements because they look like they might be guilty, even though no actual victim can be found, is a club that must be shrunk or even taken away.
The 2020 elections will likely turn on who can show the American people a bright future and show that their administration should be trusted with the hammer of American government. With these lawsuits on the trash heap of history, Trump can point to a clear, non-partisan victory at not just holding the hammer – but making it smaller.
Gregory D. Rohrbough, J.D. is the Director of Education & Government Relations for Shannon Speaks, an anti-Human Trafficking organization. He was formerly Director of Government Relations for the Meredith Advocacy Group and the Director of Communications for the National Right To Work Committee.
