My Two Census

Formerly the non-partisan watchdog of the 2010 US Census, and currently an opinion blog that covers all things political, media, foreign policy, globalization, and culture…but sometimes returning to its census/demographics roots.

MyTwoCensus Editorial: Class action lawsuit should include everyone, not only minorities

Earlier this year, MyTwoCensus informed readers about a class action lawsuit that alleges that the Census Bureau discriminates in its hiring process against individuals who have been arrested even though they were never charged with a crime. MyTwoCensus.com subsequently received many inquiries from white/Caucasian people who were not hired by the Census Bureau for this reason and hoped to join this lawsuit and were told that because they were white/Caucasian they were unable to partake in the lawsuit. MyTwoCensus.com wrote to the lawyer in charge of the suit, Adam Klein, of the firm Golden Outten in New York to determine if this was true. Unfortunately, Mr. Klein confirmed that only minorities are eligible to participate in this lawsuit. This is a travesty because this lawsuit itself is now discriminatory against any non-minority who wasn’t hired by the Census Bureau because of alleged (though unproven) misconduct. MyTwoCensus encourages Golden Outten to open this suit to everyone, because if justice is served, it should be served for all.

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24 Responses to “MyTwoCensus Editorial: Class action lawsuit should include everyone, not only minorities”

  1. Pablo S. Says:

    Does this class action lawsuit also exclude white FEMALES???!!
    I would’ve expected only white MALES since they are not a protected class, but perhaps this lawsuit has something to do with a statistically indicated racial bias?
    In any case kudos for introducing another topic worthy of discussion and research.

  2. JAG Says:

    As I recall from the lawsuit, the claim is the policy unfairly discriminates against minorities. To allow non-minorities into the class would water down their claim of racial discrimination. I’m not saying it’s right…..just saying I think that’s why

  3. Anon 23 Says:

    Let the minorities have their suit. White men should join together and file their own suit “Discrimination against the historical discriminator”

  4. knock knock...hello sir is this......GO AWAY! Says:

    This is completely off topic but it still attains to the census. My CL took up my stuff and everyone elses stuff yesterday i.e our bag books basically everything census related. is there still a chance of getting called back? Now, i didnt receive any walking papers since our CL just left us hanging by saying he will contact us later on. So i wasnt sure if i was just layed off. We also didnt even wrap up for our area because we supposedly did a poor job so they gave our other EQs (mostly refuses or nonresponses) to another district. This is complete BS because we were doing fine, or so i was told.

  5. Enumeratrix Says:

    What is Klein’s theory of the case? Did he explain why “only minorities are eligible to participate”? Does he believe his case is stronger if all his plaintiffs are in a protected class? But if the essence of the case is that people were not hired simply because they were arrested, but never charged with a crime, how does being white exclude you? If you are white, and not hired but for that arrest, do you not also suffer the loss of an opportunity for which you are presumable qualified in every other respect?

  6. Bobby J Says:

    Discrimination vs. minorities is where the money is at…no money in discrimination vs. white people.

  7. me Says:

    After this census, the middle aged white male may very well become a minority.

    Hopefully all the benefits come along with that classification.

  8. FL-RI Says:

    If you are white, especially a male, it is not possible to be discriminated against, only in favor of

    /sarcasm

  9. statistician Says:

    Because minorities in the US are more likely to be be arrested than Whites, the claimants are arguing that the policy has a disproportionate impact on minoirties. The parties in this suit are not fighting the policy itself. They are claiming that the policy has a discriminatory effect because it is more likely to disqualify a minority applicant than a White applicant. Fighting the merits of the policy itself (rather than its effects) would be a completely separate question/lawsuit.

  10. What next Says:

    To Knock-Knock: I had a really bad crew, but my hands were tied as far as letting go any low performers. I had many refusals and no contacts, and when the other enumerators came in from other districts, they basically got the job done in 2 days, what my people couldn’t do for a week. And I did say to my people, “Yeah, your doing fine” while gritting my teeth. For the most part, most of them didn’t take direction very well. “Ok–I’ll do better.” just turned into another 30 or 40 hour week, with 10 EQs completed. The people I worked with would not have been hired by me, if I was doing the hiring. That said, I guess there was not enough interest from the rest of the community, so I was stuck with what I got.

  11. Anonymous Says:

    SRM – I admire your passion for fairness and equality, however, you gave credibility to the lawsuit when you first posted about it “Does this lawsuit against the Census Bureau have legitimacy? Perhaps.” Why the change of heart? You must be torn: on the one hand, you want to beat up the CB with everything you’ve got…on the other, you want to remain loyal to your base. How will you reconcile this problem?

  12. george Says:

    Folks nothing will come up this unbelievable boondoggle at all. Like many others got terminated for a bogus reason. They have a wonderful catchall in their regulations if you are terminated there are no appeal rights. Have written to governor here in NC; OIG, EEO; local congressmen; certified mail even to the head of Census in the state but all without even an acknowledgement. It is an expercise in futility. HOwever, a class action suit for unfair terminations would be splendid. Count me in.

  13. PabloS Says:

    @ George…if you are white male you run the risk of being excluded from any “class action suit for unfair terminations” if that suit claims disproportionate terminations of minorities or protected class members.

  14. Arpad Golgoth Says:

    I got a 95 on the test. The proctor seemed excited by this. They wanted me to be a supervisor. Then they told me I had a criminal record when I do not. They would not tell me what I did, or when or where I did it, just that I had to prove to them that I didn’t do it. Like the guy in the Trial by Kafka. Then I heard about about a class action suit vs. the census bureau by lots of people who had the same thing happen to them. I emailed the law firm that was handling it and sent them all the documentation in support of my story. A barely intelligible black woman called me back and asked me if I was a white man. I said yes. She said I could not be part of the suit because I was a white man and hung up. What happened to this country?

  15. anonymous Says:

    Knock Knock … June 24th,

    This has happened to many crews. Yes, you have a good to excellent chance of being called back – especially if you did your job well (I believe you did). Call your LCO and ask for the hiring manager. Give them your info and tell them you’d like to work again.

  16. Hermes Says:

    What’s with Arpad Golgoth posting the exact same text in every thread? Whaddaya want a medal?

  17. DairylandCL Says:

    The problem we in Wisconsin have with stuff like this is that by law, all employment is “at will” unless there is a contract involved. That means that a person may be fired or not hired in the first place without any reason given. If a boss tells an employee to go home and not come back and gives him/her a reason, the boss is opening up a reason to sue. Give no reason, there’s no fault assigned to either party.

  18. anon Says:

    Can a second lawsuit be started for the other applicants?

  19. Rob Says:

    I took the test administered by the Census for hiring. I had the highest score of anyone in the room! I was never hired. But other test takers who scored lower were hired. And I was the only White person in the room.

    The US population is being promoted as a “minority majority” demographic. But this lawsuit is only open to minorities according to Adam Klein. Can we please file suit against the law firm for discrimination?

  20. Mike Says:

    Ah yes, discriminate against whites.

    It couldn’t possibly turn out bad for non-whites. Nope, not at all. No chance of the US balkanizing via fantastic bloodbath, no siree.

    These morons are living in a fairy land. Discriminate against a people long enough, and violence WILL happen. At the moment, it’s just a question of when, not if. All these “affirmative action” laws that discriminate against whites(and don’t try to tell me they don’t, anyone with half a brain can see that they do) is just going to lead to us breaking off from the US.

    Enjoy your shitty Mexico 2.0! Because that’s all non-whites are capable of(east asians excluded, naturally) without us.

  21. Jerry Carman Says:

    I would like to clear this matter up. The civil rights act of 1964 prohibits discrimination based on race, religion, gender, or ethnicity. It says nothing about minorities, because any race of man can become a minority. Last I heard, the city of Atlanta was 60% black, meaning that anything else would be a minority, so this would protect a Caucasion, Latino, Asian, Native American, or whatever, from discrimination based on race or ethnicity, & it’s the Law of the Land. If Mr. Klein & his lawfirm is excluding white folks because of their race, this action is not only a travesty, it is plainly & clearly illegal. Being an atorney, he should be well aware of this fact. Not only is this subject to civil penalties(ie lawsiuts), but the court itself can impose criminal penalties(fines etc). Anyone can research Civil Rights Act of 1964 online, & the wording is absolutely crystal clear, you cannot discriminate because of race, religion, gender, or ethnicity, period. And, if you’re wondering about age, that’s a different act that was passed in 1967.

  22. Jerry Carman Says:

    Anon- It could or couldn’t be true that a higher proportion of non-whites have arrest records than whites, but that does not mean that you can do anything unconstitutional in the process of a federal class-action lawsuit. The fact is, exclusion of anyone because of race and/or ethnicity in such an action has been illegal in the United States since President Lyndon B Johnson signed the Civil Rights Act into law in 1964. Not only that, but doing anything illegal does not in any way help the case.
    Anon 23- Regaarding another legal options at your disposal, you can seek an individual complaint, but you would give up any rights to join in any class-action regarding employment discrimination by the Census Bureau. Also, you can also get with another lawfirm & file another class-action against the Census Bureau, but the same laws that make the aparent exclusion of whites that appear to be the case with the Outen & Golden lawfirm illegal would also apply to your class action, you wouldn’t be able to exclude any minority races yourself.
    You also have the option, as do I or anybody else, to file an individual lawsuit against the Outen & Golden lawfirm sseking inclusion in the class-action based on the fact that their action of excluding whites is unconstitutional, as it’s based on race & ethnicity. You only need to go into the nearest federal court to do this, & you don’t necessarily have to have an attorney, but there could be a filing fee.
    However, it would be better if things could be worked out without all this, because with the now documented occurence of sex offenders having gotten census jobs while those with long ago minor offenses having been denied jobs, this has now become a matter of someone at the census Bureau being held accountable. In particular, the disabled girl in Indiana that was assaulted deserves justice, because if the Census Bureau hadn’t acted in such a manner, & done a more responsible method of background checks, not only would those that had minor arrests but were of no danger to the public have gotten jobs as Census takers, the scumbag that attacked that girl wouldn’t have been able to attack that girl the way he did.
    All this crap is doing no good in that regard.

  23. Jerry Carman Says:

    At this time, to my knowledge, the discrimination lawsuit has not yet been certified as a class action. If it is factual that the lawfirm is excluding eligeability to caucasion from participation, it’s my hope that they will cease & decist form this action, & include anyone that was wronfully kept from employment as 2010 census workers because of irrelevent arrest records, regardless of race, religion, gender, od ethnicity, as mandated by the Civil Rights Act 1964. I counted 29 members of the Outen & Golden lwafirm on their website, & I find it unblievable that at least 1 doesn’t step up & mention that any exclusion from participation in the class based on race and/or ethnicity, as the exclusion of Caucasions is, is illegal. Aparently, somebody here needs to listen to the voice of reason, but if that’s not to be the case, then legal action must be taken.
    If this suit is certified as a class action, I am prepared to go into federal court & file a lawsuit seeking inclusion in the class action, but unless the discrimination suit against the Census Bureau is certified, this wouild only be a waste of time & money. I checked the website, & the filing fee is $400.00. If anyone is interested in joining me, because, the expense of the filing fee is steep for me to incur by myself at this time, & this cost could be split among the participanta, such as 400@$1.00 ea, 800@50cents ea, etc, as a class action, please reply back.

  24. Adam Klein Says:

    All applicants for the 2010 Census with an arrest record for any offense at any point in their lives – no matter how trivial or disconnected from the requirements of the job – face an arbitrary barrier to employment.  Census requires that within 30 days these particular applicants must produce the “official” court records of the disposition of their arrests to remain eligible for employment. However unfair or illogical, that policy is legal.   

    Because the arrest and conviction rates of African Americans, Latinos, and Native Americans far exceed those of whites nationwide, Census’ use of an arbitrary pre-employment screen has the result of discriminating on the basis of race, ethnicity, color, and national origin.  By importing the discriminatory bias of the criminal justice system into its hiring practice, Census is thereby violating Title VII of the Civil Rights Act under a legal theory called disparate impact analysis. Basically, any otherwise lawful employment policy or practice may nonetheless violate Title VII if it disproportionately affects a protected group. The original Supreme Court case that first articulated this concept – Griggs v Duke Power – concerned the requirement that applicants for a janitor position were required to have a high school diploma.