Section 3.9: Department of Labor and Related Agencies
“And under the Biden Administration, that administrative state has imposed the most assertive left-wing social-engineering agenda in the agencies’ history and ratcheted up regulatory costs on small businesses and other productive industry. The agencies’ authorities have been abused by the Left to favor human resources bureaucracies, climate-change activists, and union bosses—all against the interest of American workers.”
He’s actually arguing here that unionizing hurts American workers, when the exact opposite is true. By “ideological social engineering”, he means DEI initiatives, climate action, or labor-friendly regulations, seeing them as politically driven rather than neutral or beneficial to all.
Berry clearly believes that climate and safety regulations, diversity and inclusion initiatives, and the existence of unions impose too much on businesses, but he’s claiming that these things are bad for workers. This is a spectacular bit of gaslighting.
Full contextual analysis of Section 3.9: Department of Labor and Related Agencies here.
“Reverse the DEI Revolution in Labor Policy. Under the Obama and Biden Administrations, labor policy was yet another target of the Diversity, Equity, and Inclusion (DEI) revolution. Under this managerialist left-wing race and gender ideology, every aspect of labor policy became a vehicle with which to advance race, sex, and other classifications and discriminate against conservative and religious viewpoints on these subjects and others, including pro-life views. The next Administration should eliminate every one of these wrongful and burdensome ideological projects.”
Yes, because requiring businesses to treat everyone equally is a horrible burden that must be reversed! Making me treat people with respect is a violation of my God-given right to discriminate! Seriously, this is just so much garbage. I’d be curious how he thinks being forced to treat people equally under the law as a business violates his “religious, pro-life” views. Normally, religion doesn’t come up a lot in the workplace.
He also points out that “Title VII flatly prohibits discrimination in employment on the basis of race, color, and national origin”, and that should be plenty. So, that’s pretty anti-LGBTQ+, and he also goes on to “eliminate racial classifications” and prohibit any “critical race theory trainings.” So, if not discriminating being the law should be enough, but you don’t teach people how to guard against discrimination, and you still allow discrimination against people for non-racial intersections, what’s the end result? Discrimination.
Full contextual analysis of Section 3.9: Department of Labor and Related Agencies here.
“Crudely categorizing employees by race or ethnicity fails to recognize the diversity of the American workforce and forces individuals into categories that do not fully reflect their racial and ethnic heritage.”
That’s adorable, but I don’t believe for a second that Jonathan Berry gives a shit about anyone’s “ethnic heritage.”
Full contextual analysis of Section 3.9: Department of Labor and Related Agencies here.
“Eliminate disparate impact as a valid theory of discrimination for race and other bases under Title VII and other laws. Disparities do not (and should not legally) imply discrimination per se.”
Disparate impact liability is a legal concept under civil rights law that addresses policies or practices that may be neutral on their face, but lead to disproportionate negative effects on a particular group, even if discriminatory intent did not exist. It focuses on the RESULT of the policy, not the INTENTION. Berry is arguing here that if a company has “good intentions”, we shouldn’t punish them if their policies result practically in discrimination.
This weakens civil rights protections, reduces oversight and scrutiny of policies, and will lead to greater inequality.
Full contextual analysis of Section 3.9: Department of Labor and Related Agencies here.
“Eliminate OFCCP.”
The OFCCP (Office of Federal Contract Compliance Programs) exists to enforce EO 11246 (signed in 1965), which requires federal contractors and subcontractors to commit to nondiscrimination. Berry goes on to describe anti-discrimination “theories” based on sexual orientation and gender identity as “novel.” I feel compelled to point out here that Berry is an admitted self-hating closeted gay man. Berry is the author of the book “Satisfaction Guaranteed” (2016), which is a self-help book for same-sex attracted Christians (as he himself is one) designed to help them resist those attractions, and purports that real satisfaction can only be found via a relationship with Jesus Christ.
Full contextual analysis of Section 3.9: Department of Labor and Related Agencies here.
“Rescind regulations prohibiting discrimination on the basis of sexual orientation, gender identity, transgender status, and sex characteristics.”
That says it all, doesn’t it? He’s bringing back employment discrimination for LGBTQ+ people.
Full contextual analysis of Section 3.9: Department of Labor and Related Agencies here.
“Congress should pass a law requiring that to the extent an employer provides employee benefits for abortion, it must provide equal or greater benefits for pregnancy, childbirth, maternity, and adoption. That law should also clarify that no employer is required to provide any accommodations or benefits for abortion.”
This would allow employer-provided insurance to not cover abortion (and as I pointed out in Section 3.5 and in this brief, abortion is often medically necessary.)
Full contextual analysis of Section 3.9: Department of Labor and Related Agencies here.
“ERISA should not be allowed to trump states’ ability to protect innocent human life in the womb. Congress and DOL should clarify that ERISA does not preempt states’ power to restrict abortion, surrogacy, or other anti-life “benefits.””
ERISA is a federal law that sets minimum standards for pension plans in private industry. [Source]
Berry is arguing here that federal minimum standards don’t matter. If your state wants to ban abortion, your insurance doesn’t have to cover anything to do with it. He’s also couching surrogacy as “anti-life”, which is insane. I don’t know how that thought process even takes place. (Surrogacy is when a baby is voluntarily carried by a woman who isn’t the child’s biological mother, usually done because the biological mother is unable to safely carry a pregnancy to term.) Surrogacy is also sometimes used to enable same-sex male couples to have biological children. I’m guessing that’s the practice that so badly offends Berry. It is NOT, however, “anti-life.”
Full contextual analysis of Section 3.9: Department of Labor and Related Agencies here.
“Nevertheless, the Biden Administration has been hostile to people of faith, especially those with traditional beliefs about marriage, gender, and sexuality. The new Administration should enact policies with robust respect for religious exercise in the workplace, including under the First Amendment, the Religious Freedom Restoration Act of 1993 (RFRA), Title VII, and federal conscience protection laws.”
In practice, this would look like people being able to claim “religious objections” at work to get out of things like diversity training, handling same-sex marriage licenses, or even working with someone who is LGBTQ+. This would create hostile work environments.
Faith-based organizations would be given broader exemptions for their beliefs, for instance, not being required to hire anyone who doesn’t adhere to their beliefs. Health care workers could refuse to treat LGBTQ+ people. Religious hospitals could refuse to provide abortion, contraception, or gender-affirming care. Government employees could refuse to issue same-sex marriage licenses without being penalized. And that’s just the tip of the iceberg – anyone could take advantage of this and claim religious exemption for getting out of almost any task at work.
More broadly, he’s saying that your religion trumps other people’s basic civil rights. This is called religious supremacy or religious exceptionalism. Berry is arguing for this, and supports the widespread discrimination against LGBTQ+ people that will result.
Full contextual analysis of Section 3.9: Department of Labor and Related Agencies here.
“The President should make clear via executive order that religious employers are free to run their businesses according to their religious beliefs, general nondiscrimination laws notwithstanding, and support participation of religious employees and employers as federal contractors and in federal activities and programs.”
More legalizing discrimination and religious exceptionalism, here. I feel like Berry would be a happier man if he allowed himself to be who he is. I promise, Jesus will still love you, Jonathan!
Full contextual analysis of Section 3.9: Department of Labor and Related Agencies here.