DOJ Sues Entergy for Not Reporting Affirmative-Action Compliance

Maria Armental and Lauren Pollock, Wall Street Journal, July 17, 2014

The U.S. Department of Justice is suing energy company Entergy Corp. for failing to submit required proof of its affirmative-action programs.

The complaint, filed in U.S. District Court in New Orleans Thursday, alleges Entergy has refused repeated requests from the Department of Labor’s Office of Federal Contract Compliance Programs.

“This issue has been litigated and re-litigated many times, and the courts have been clear: companies that profit from federal contracts must comply with our requests for proof that they are meeting their obligations,” OFCCP Director Patricia A. Shiu said in a statement.

Entergy, based in New Orleans, owns utilities in Arkansas, Louisiana, Mississippi and Texas and sells power on the wholesale market. It also owns the Vermont Yankee Nuclear Power Station, which it plans to close and decommission this year.

According to the complaint, on May 2, 2012, the Labor Department’s OFCCP sent Entergy a courtesy letter listing 12 of the company’s facilities in Texas, Mississippi, Louisiana and New York that could be selected for a compliance review. Eleven of those locations were ultimately selected for the audit. Entergy refused to submit the required affirmative-action programs and other documents for those locations saying the requests “violate the prohibition against unreasonable searches and seizures” in the Fourth Amendment of the U.S. Constitution.

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Earlier Thursday, the company said it expected to post higher earnings in the second quarter, helped by strength at its wholesale commodities and generation businesses, though the estimate fell below current average analyst views.

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  • MekongDelta69

    The world is falling apart because of NoBama and once again – Eric Hold ‘Em Up is making sure that everybody knuckle under to his ‘blacks are special’ agenda.

    1984…

  • Earlier Thursday, the company said it expected to post higher earnings in the second quarter

    I’d like to think that’s because of their lack of an AA program, though it’s probably because of increasing energy prices.

    • AndrewInterrupted

      You got that right.

  • ncpride

    Dare I hope that a company will fight back against the nonsense?

    • AndrewInterrupted

      If they do (and I hope they do, too), they will experience ‘the Chicago Way’. What does that mean? Sudden (formal) OSHA responses from “anonymous” sources accompanied by huge fines. Or, more familiar, IRS audits. Also, with companies like Entergy, exorbitant, baseless EPA fines. The Chicago thugs won’t quit until Entergy is a shell of its former self.

      This happened to a company called Pall Corp. a few years, so I’m told by a fellow field service person. The EEOC thugs from Boston shook down their Putnam, CT unit. When they didn’t submit to EEOC demands for a “diversity casting call”, as my friend put it–OSHA suddenly showed up and whacked them with $200,000 in fines.

      Pall Corp’s “diversity casting call” is still going on 3 years later.

      • journey

        From your experience, is using the 14th a viable offensive? Has anyone used that defense before?

        • AndrewInterrupted

          That’s a good question. Typically the EEOC/DOJ hides behind the SCOTUS case Griggs v. Duke Power. That ruling ultimately allows, if not requires, discrimination against White males. If there are disproportions (the semantics of which is called: disparate impact) you are free to exclude White men to include everything else. The exclusion that comes from “inclusion”.

          The EEOC will have a White man lodge a Title VII complaint, which is laughable. With Griggs v. Duke Power in their corner, Title VII isn’t worth the paper it’s printed on. Nobody knows that better than the anti-white thugs as the EEOC. The EEOC, believe it or not, is 50% Black. Why aren’t we demanding emphasis on those numbers??

          The guy to ask about the 14th Amendment approach would be Roger Clegg over at CEOUSA[dot]ORG. I’ve exchanged several emails with him, and a couple phone calls. Also donated. He’s very sharp. You might get your answer from one of his columns over there. He said my case lacked “big picture merit”. They purge “most qualified” White guys under the quota angle regularly. It’s perfectly (made) legal.

          They actually think they’re doing good. In their minds, at the EEOC, they’re ‘…do-good-ers”. After all, the more White men you put out of work, the less money they will have to buy slaves. <;-D

          This is the EEOC schmuck who opened the door to demographic quotas:

          Alfred W. Blumrosen.
          .

          • journey

            Thanks for the information on Roger Clegg = informative.

          • journey

            Did you get the requested information regarding the quote before the posting was deleted?

          • AndrewInterrupted

            Yes. Bookmarked it.

          • journey

            Great!

          • AndrewInterrupted

            One asterisk with CEOUSA[dot]ORG. That is Linda Chavez. She’s a Trojan horse/RINO type. She’s the equivalent of a La Raza sleeper cell.

            Roger distanced himself from me after I made critical comments about her supposed conservative instincts. She’s a fraud. Roger relies on her donors to keep his EEO side alive. I don’t fault him.

            Just listen to the projection and leftist bias in this excerpt:

            “…Legislators who’ve been dragging their feet on immigration reform hardly need another excuse for doing nothing, but the recent influx of young children across our borders is certainly making things more difficult. Anti-reformers claim the sudden increase in illegal border crossings by unaccompanied minors — about 48,000 so far this fiscal year — is proof that the border is far from secure. Pro-reformers point to the humanitarian crisis that has developed with thousands of children being held in holding pens not fit for hardened criminals much less kids. But while the two factions engage in finger-pointing, positions in both camps harden and nothing gets done…”

            Do you hear the inevitability of “immigration reform” and the Luis Gutierrez “let’s punish them” tone?

            That came from this link:

            http[colon]//www[dot]ceousa[dot]org/issues/807-a-crisis-born-of-inaction

          • journey

            The Hispanics tend to stick close together. Presently, they smell a great deal of weakness, corruption, and greed in this country. They are invading in huge numbers before the window closes (if it ever does). Plus having a black sitting in the WH and constantly opening his mouth in the wrong way = weakness.

          • LHathaway

            You’re ignoring black, hispanic, and possibly Asian areas now where there are jobsites that have 0 whites. It’s more likely such places, if they are larger employers, will have a percentage of whites still in white collar jobs. Also, if the job requires contact with the public, it seems there will be many whites employed also. It looked like there would be no white city bus drivers (a relatively high paying job) in the city I live but the number here has actually increased. They’re onto us unhappy whites, perhaps. It is said there are some cities where almost no city bus employees are white. And of course, they have EEOC officers and diversity programs, where they are taught to be more sensitive to colored employees. Which no doubt suites them just fine and is likely good for employee moral.

          • AndrewInterrupted

            Which employee’s morale? Not the White guy’s.

            The White males you speak of understand, though not written, they are to carry all those high morale people on their backs. I regularly carried 3, 4, sometimes 5 “diversity darlings” on my back. White males are essential for carrying all the diversity dead weight. You, therefore, will always see them.

            I was eventually replaced by at least 3 “diversity darlings” at the defense contractor where I worked. 3 that I could physically count from the outside looking in. Probably 4, as I thought about the many other areas I supported.

            They don’t care how much it costs to purge out the White guys. They know all federal contractors have the same anti-white-male guns to their heads. It all looks even on the charts. The defense contractor product costs twice as much, and is half is good. But they all have the same number of limbs tied behind their backs, so no one on the outside really notices the extreme levels of dysfunction.

      • RonanTheLibtardian

        I have relatives in that area. Mostly a French-Canadian demographic. The diversity gun will probably be to their head for a long time. Unless they can rustle up some French-Indians to appease the anti-White gods?

        • AndrewInterrupted

          Nawww….northeast Indians (feather, not dot) have long since assimilated. And the ones with a drop or two of Injun blood left coursing through their veins are scamming treaties or casino loot. The only Injuns Pall Corp can expect to see are the “box-checker”, Elizabeth Warren types.

          • RonanTheLibtardian

            I hope they field Warren for Prez. We will make her box-checking sentence stick this time.

    • TruthBeTold

      Like the article said, if you want government contracts you have to abide by government rules.

      I hope they fight it but I don’t know on what grounds.

      • AndrewInterrupted

        What’s funny about this is Pat Shui and her OFCCP shakedown machine do all this quota arm twisting behind closed doors. Zero transparency. This suit is a rare glimpse of what they’re up to–daily.

        Other than the fine print on some poster in some hallway, the words: “Affirmative Action” are never uttered at federal agencies and contactors. Verboten.

  • D.B. Cooper

    Once again, no one goes after the actual flesh and blood person physically pushing these quotas. Well, GOP. I will be remembering come election time. Yes, I know it means a democrat might win. No one bothers to put THIS Affirmative Action quota on the defensive?

    • AndrewInterrupted

      I’ve posted her picture here before. She’s the Chicago thug who was terrorizing the defense contractor where I was finally purged. My crime? White, hetero, male–and the most qualified.

      It’s true, you have to start exposing the faces and identities of these anti-American Marxists. Here’s another White hater from the Boston-EEOC office: Kenneth An. I dealt with him and his criminal organization (the hater on the left, obviously).
      .

      • AndrewInterrupted

        Kenneth An had just taken over the EEOC-Boston controls from this thug, Bob Sanders. The Black guy, with the crocodile smile, in the Johnny Cochran costume.

        The rest of crocodile smiles are “tribe members”. Imagine that. Hmmm.

        Mike Wallace: “I’m not White, I’m Jewish“.
        .

        • AndrewInterrupted

          And, of course, who is interim EEOC head? An Asian woman, still wet behind the ears, Jenny Yang. Isn’t the coincidence of all non-white amazing?? It just worked out that way, I’m sure.

          Like J. Christian Adams said: “Personnel is policy”.

          Hire White-haters, get White-hate policy.
          .

      • propagandaoftruth

        The U.S. Department of Justice is suing energy company Entergy Corp. for failing to submit required proof of its affirmative-action programs.
        ——————–
        How does one do business in this environment?

        • AndrewInterrupted

          There are no spikes or valleys. All companies over 100 employees have the same gun to their heads. The defense industry where I worked for 10 years is especially harsh in the demographic preference area (it has long since evolved past race preference).

          If a Hypothetical defense company were generated based on “the most qualified”, it would destroy all the competition in a matter of a decade or so. That’s why the Libtards are so adamant against Euro-centric ethno-states. They would crush the competition in the technology area. The parasites don’t want the hosts to get away.

          • propagandaoftruth

            At a certain population level the parasites require the producers to abandon democratic ways and institute some form of authoritarianism.

            There are two alternatives. Purge the body of the parasites or allow the parasites to kill the organism.

          • AndrewInterrupted

            I would say that’s why there has been a “giant sucking sound” out of America. Why we went from 1st to 25th, with no end in sight. The rest of the world isn’t dumb enough to dumb-down their workforces with appearances. Only the West fell for that one. And the rest of the world is exploiting that fundamental error.

          • propagandaoftruth

            Yes, the genetic Trojan horse combined with willful ignorance and cowardice regarding the sane response, drags down and destroys all.

            Been reading about Semitic genetics. Without going into detail, I just found out my ruminations regarding the genetic nature of Islam and Arabs vis-à-vis what I refer to as “Old High Semites” – Jews, Assyrians, what are nowadays non-Muslim or weird-in-a-cool-way Muslims who are hated by their fellows like Alawites and Alevis…

            Well, these guys are not the same as either Southern Arabians of ancient times or the modern highly negrified Sunni Muslim.

            Hey…whatever happened to those glorious, monument building, law writing, Semitic civilizations of the Med/Mid East of yore? These Islamo Arabs don’t look very much like the guys who built all this. Hmmm…

            Everything declines with IQ but misery and pathos.

          • AndrewInterrupted

            Yes, the genetic epicenter of those groups is ancient Khazaria. It is presumed that the “13th Tribe” as well as other Semites like Armenians, Persians, etc. descend from a hold-out group of Neanderthals who were able to fend off the Western European hybrids for tens of thousands of years after the rest of the Neanderthals died out.

            Michael Bradley wrote a book on it in 1992.

            Here is a link to that:

            http[colon]//www[dot]democratic-republicans[dot]us/neanderthals-and-semites
            .

          • propagandaoftruth

            I love this stuff.

  • journey

    “the requests “violate the prohibition against unreasonable searches and seizures” in the Fourth Amendment of the U.S. Constitution.” Could this be the legal bullet that could break the AA delusions hold on this country? This case is worth following.

    Background of the company: “A member of the Fortune 500, Entergy had revenue of $11.4 billion in 2013 and employees approximately 15,000 people. The company has electric power businesses in Arkansas, Louisiana, Mississippi and Texas, and it operates multiple nuclear power plants.”

    • AndrewInterrupted

      Duke Power (now Duke Energy) is regularly shaken down by the same thugs. They were part of the game changing Griggs v. Duke Power settlement that opened the door to quotas. Quotas that were never supposed to happen, according to Hubert Humphrey during the preambles leading up to the Civil Rights Act of 1964.

      • journey

        “The evidence, however, shows that employees who have not completed high school or taken the tests have continued to perform satisfactorily, and make progress in departments for which the high school and test criteria are now used.[7] The promotion record of present employees who
        would not be able to meet the new criteria thus suggests the possibility that the requirements may not be needed even for the limited purpose of preserving the avowed policy of advancement within the Company.” Griggs v. Duke Power Co.

        The above reasoning shows biased and ignorance (perhaps not) on the social and economic evolution of blacks in their own societies. What the evidence truly shows is that some whites can perform on their own in spite of no high school diploma and IQ tests. That’s how this country was originally built and any past Western civilization was created. Extremely sad to watch an advanced society dying due to agendas of people who are always guests in other people’s nations.

  • Luca

    Having worked with government contracts for many years, I presume the “fly in the ointment” of their argument will boil down to the simple fact that Entergy agreed to the AA reporting requirement when they were awarded the contract.

    If such a requirement is poorly worded or deemed illegal they can wiggle out of it. Otherwise they’re screwed.

    • journey

      Something is brewing otherwise they would not keep fighting the DOJ.

      • Ed

        Contrary to popular belief the EEOC has been smacked around lately in the courts. Some judges have out right denounced some of their practices while tossing out their cases.

        Holder is actually very scared of a disparate impact case being decided by this SCOTUS. He fears they’d gut it. So he settled I believe two such cases before Court heard arguments.

        In this department of racial politics liberals aren’t as strong because even some liberals object.

        • journey

          Do you have any links to your posting? Would save some research on my part.
          Thanks for the great news!

          • Ed

            http://www.foxnews. dot-com /politics/2013/08/17/feds-lose-another-case-against-employers-using-credit-criminal-reports-to/

          • journey

            Thanks Ed for the info. But as the judge stated it’s a “Hobson’s choice” for the employer. Meaning neither choice is great. The ultimate solution is to get into the system and use the institutions once again for the benefit of this country. Presently, the takers are using the institutions for their own agendas.

        • AndrewInterrupted

          Yes, but they’re ankle-biting Chihuahuas. They nip for as long and as often as they can, get kicked in the teeth, then come back later. The way to “smack around” the EEOC is to close it. And send haters like Kenneth An to Guantanamo for some “re-education”. Give him a little taste of the gutter culture he came from.

  • dd121

    Do people really want dumb blacks working at nuclear power generation facilities?

    • journey

      And guess who gets sued, the company.

      • dd121

        And then guess who pays the higher rates.

        • bilderbuster

          Not the good citizens of Detroit who don’t pay their rassiss water bills.

    • evilsandmich

      I don’t think that you’d have to worry about them showing up, much less working; just an “value-added” diversity tax on the ol’ power bill.

  • JohnEngelman

    I wish Entergy Corp. would have the courage to stand up and point out that whites and Asians who apply for jobs tend to be significantly more qualified than blacks and Hispanics.

    This would be easy to prove by showing applications. Entergy Corp. could also publish the result of mental aptitude tests it gives to applicants.

    • journey

      That would be racist. Also be sued and blacklisted.

    • WR_the_realist

      Griggs v. Duke Power basically forbids the use of general IQ tests in hiring, even though general IQ is a better predictor of job performance than tests that are supposedly tailored to the job.

      • JohnEngelman

        If companies are allowed to use IQ tests again my favorite minority groups will get “more than their share” of the well paying jobs.

        White supremacists will complain that the “Founding Fathers” would have disapproved. They will say that the United States was only intended for white Gentiles, and that stupid white Gentiles deserve better jobs than intelligent Jews and Orientals.

        Those white supremacists get angry when I quote the Fourteenth Amendment to prove that they are mistaken.

        • WR_the_realist

          I suspect that they’d get about the same share they’re getting now. There is evidence that affirmative action is pushing Asians out of some jobs in favor of blacks and Hispanics but there is no affirmative action for whites.

          • JohnEngelman

            The hiring decision is personal. Bosses like to hire people they will enjoy working with, and people who will be liked by co-workers and customers. Bosses who refuse to hire people of a race or religion will lose capable people to rivals.

            Affirmative action forces bosses to hire people they do not like, and who are not capable.

        • bilderbuster

          The Founding Fathers thought The Immigration Act of 1790 was very clear when it stated “Only White people of good moral character” could become citizens.
          They had no idea that people like yourself would be so naive and allow exceptions like your favorites who would then “open the flood gates” for the rest of the garbage to surge into their nation or else they would have written “Nuremberg” style laws that codified it from such foolishness.

  • Just what we need–AA blacks and Mexicans working for the electric company and electrocuting themselves. On second thought, not such a bad idea.

    On third thought, bad idea. I like my electricity. Blacks and Messicans could create the mother of all power outages, one that would be unfixable.

    • Einsatzgrenadier

      Look on the bright side. An electric company where 90% of the employees were AA blacks and mestizos would lead to a lot of power outages, but it would also open up a lot of white minds to the reality of biological differences between the races. As diversity takes over America, more people will become aware of what the globalist elites have in store for this once great country.

    • evilsandmich

      Just be like any other third world hole where everyone lives on a ‘backup’ generator that’s on more often than off.

  • JS

    It’s amazing how the U.S government has entire departments of trolls dedicated to removing white people from the workforce, from society.

    • JohnEngelman

      The problem is not specifically removing white Gentiles, but removing white Gentiles, Jews, Orientals, and East Indians. Those are the folks who get most of the best jobs when IQ tests are used.

  • mike smith

    Asking to submit (possibly self-incriminating) evidence without probable cause… good reason for their refusal if you ask me, I would do the same. OTOH, when will Jared Taylor stand up to the JEW behind this madness of unfettered illegal immigration?? Huh. Jared? WHEN???.

  • TruthBeTold

    “This issue has been litigated and re-litigated many times, and the
    courts have been clear: companies that profit from federal contracts
    must comply with our requests for proof that they are meeting their
    obligations,”

    Dance with the devil, sell your soul.

    Our government can hound businesses and force compliance but they can’t seem to keep track of welfare fraud or misappropriated funds to minority outreach groups.

    • Neither can they build a border fence.

      • WR_the_realist

        Wackenhut can keep people interested in UFOs out of Area 51, with no ifs, ands, or buts. But somehow we’re not supposed to be able to control the border.

  • WR_the_realist

    Just what we need — affirmative action hires operating nuclear power plants.

    • AndrewInterrupted

      “…Did he say always–or never hit the red button?…”

      • Paleoconn

        eeny meeny miny mo…These racial preferences are also happening in the air traffic control business. If this keeps up, I’m taking the car wherever I want to go, and driving far from airports.

  • How sad that they must invoke the 4th amendment. It should be self-evident that companies should not be required to discriminate against white males.

  • Paleoconn

    Affirmative action should be dropped as nomenclature. It is discrimination, racial preferences, nothing less.

    • bilderbuster

      As it was always meant to be.

  • AndrewInterrupted

    “This issue has been litigated and re-litigated many times, and the courts have been clear: companies that profit from federal contracts must comply with our requests for proof that they are meeting their obligations,” OFCCP Director Patricia A. Shiu said in a statement.

    Translation: “We have a quota system in place here, folks. Except that we don’t, but we do. So, when we talk out of both sides of our mouths, you best submit”.