Imagine for a moment that you are a small-business owner looking to hire a new employee. As tough as the economy has been, you’ve managed to put your firm on track to expand.

Now imagine facing a lawsuit for requiring perhaps one of the most basic qualifications for job applicants – a high school diploma. You don’t have to imagine that last part. It’s now an unfortunate reality thanks to guidance recently issued by the Equal Employment Opportunity Commission.

The “informal discussion letter” states that requiring a high-school diploma as a qualification for employment may violate the Americans with Disabilities Act, which the EEOC enforces. Therefore, an employer must prove a high school education is “job related and consistent with business necessity,” or face potential fines or lawsuits brought under ADA.

Employers should take note. Despite this being an “informal” letter, EEOC investigators and trial lawyers will undoubtedly use this to their advantage. It continues an unfortunate pattern of federal agencies quietly making policy and stepping up enforcement on small businesses for the slightest missteps.

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On today’s edition of Coffee and Markets, Brad Jackson and Ben Domenech are joined by Francis Cianfrocca to discuss the Fed’s interest rate announcement, the divided cultural experiences of America’s upper and lower class, and whether or not “the American way of life” still exists.

We’re brought to you as always by BigGovernment and Stephen Clouse and Associates. If you’d like to email us, you can do so at coffee[at]newledger.com. We hope you enjoy the show.

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Earlier today the Mitt Romney campaign released a video of the 1994 debate he had with Ted Kennedy where a younger Mitt Romney argues against a government takeover of health care.

But in April 12, 2006 at a Faneuil Hall singing ceremony, Mitt Romney actually saluted Ted Kennedy, the very man he debated at Faneuil Hall in 1994 as a “parent” of healthcare. Then Romney celebrated Kennedy’s ability to get a federal monies for their signature health care bill. Now Romney makes a states’ rights appeal and says that the Massachusetts plan was for Massachusetts and didn’t involve the other states.

According to NBC News’ Michael Isikoff, White House visitors logs reveal that Romney’s health care advisers and experts repeatedly met with senior Obama administration officials in 2009, while Obama’s health care plan was being drafted.  Indeed when Mitt Romney argued that Barack Obama ought to have called him and asked him what worked and what didn’t, Romney neglected to mention that three of his own advisers decamped to Washington so Obama had little need to phone him.

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Fresh from his overwhelming re-election victory, Gov. Bobby Jindal has unveiled an audacious education reform agenda that built around an expanded school voucher program, new charter schools, a rigorous teacher evaluation system and a revamped tenure system. With the Louisiana state legislature set to go back into session this coming March, the governor is expected to win broad support for many of the proposed changes.

If so, the voucher program, which is now limited to New Orleans, would go statewide. Low-income families with a child enrolled in a school that has received a C rating or lower could use public dollars to cover the cost of private school tuition.

Jindal also favors using the new “value-added” teacher assessment to deny automatic tenure for teachers that do not received high marks. Beginning in the 2012-2013 school year, 50 percent of evaluations for teachers in academic classes will be based on the LEAP and iLEAP test scores, while the other 50 percent will be based more on subjective criteria built around classroom observations to determine how effective instructors are in motivating students. A pilot program that involves nine school districts and one of the charter schools is already underway.

“This is historic change and an important step forward for our education system,” said  Brigitte Nieland, vice-president and communications director of the Education and Workforce Development Council for Louisiana Association of Business and Industry (LABI). “For the first time, teachers will be evaluated based on how their students perform. This is about transparency and accuracy.”

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In a recent op-ed by Rep. Sean Duffy (R-WI), the freshman congressman said that while efforts such as the STOCK (Stop Trading On Congressional Knowledge) Act designed to stop members of Congress were commendable, ultimately, they will not work as intended.

Writing in the Wisconsin Rapids Tribune, Rep. Duffy said:

A few months ago, Breitbart News editor and author Peter Schweizer published a book titled Throw Them All Out which suggested that members of Congress were using their influence and access in the legislative process to fatten their investment portfolios.

A 60 Minutes piece followed which brought the issue to national attention and rightly caused Americans to wonder: “Is my representative using the power I’ve entrusted in him for personal gains in the stock market?”

As one of the 87 freshman legislators sent to Washington to clean up the mess, I think we owe it to the American people to do just that: clean up the mess. And that includes the reputation and perception that members of Congress operate above the law. Congress ought to hold itself to a higher standard.

Rep. Duffy says that while he personally has not seen any of his congressional colleagues engage in insider trading, he considers it the better part of reason to remove the possibility for the practice to occur. To accomplish that, writes Rep. Duffy, Congress must pass the bill he recently introduced, the RESTRICT (Restoring Ethical Standards, Transparency and Responsibility in Congressional Trading) Act:

The RESTRICT Act is the only way to stop any real or perceived insider trading by members of Congress.

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While many laughed off Occupy Wall Street and predicted it would not last, the puppet masters have made their next move. We now have the evidence to prove that the early phase of the movement was nothing more than a staging period to build an infrastructure that will culminate in a massive occupation of Chicago this May. The strategy to descend upon Chicago’s NATO/G8 Summits has now been made loud and clear, as evidenced from a recent call to arms for revolutionaries around the world to flock to Chicago in May, as well as details regarding Occupy Chicago’s internal communications provided to RebelPundit.

Yesterday, Adbusters.org, the originators of the initial “Occupy Wall Street” call-to-action, just released its “Tactical Briefing #25,” an international call for radical revolutionaries from around the world to set up a month-long “occupation” (tent city) against the backdrop of the international NATO/G8 Summit.

From Adbusters:

“On May 1, 50,000 people from all over the world will flock to Chicago, set up tents, kitchens, peaceful barricades and #OCCUPYCHICAGO for a month. With a bit of luck, we’ll pull off the biggest multinational occupation of a summit meeting the world has ever seen.

“And this time around we’re not going to put up with the kind of police repression that happened during the Democratic National Convention protests in Chicago, 1968 … nor will we abide by any phony restrictions the City of Chicago may want to impose on our first amendment rights. We’ll go there with our heads held high and assemble for a month-long people’s summit … we’ll march and chant and sing and shout and exercise our right to tell our elected representatives what we want … the constitution will be our guide.

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President Barack Obama has a problem, a problem much bigger than his plummeting poll numbers among black voters, the ever-worsening housing market, or the chronically high national unemployment numbers. Although these are all bad and must be weighing down on him—whether he admits it or not—they are minor compared to his deeper problem, which is his inability to handle criticism, his inability to handle the truth.

We first saw this when Obama was starting to run for president and he put reporters “on notice” regarding comments about the size of his ears. Since then we’ve seen it in the way he locks out reporters who ask hard questions and, most recently, in the way he appears to have lodged a complaint with Gov. Jan Brewer regarding her criticism of the way he has gone to war with Arizona to keep that state from defending its southern border.

If you’ll recall, in December 2006, after New York Times’ reporter Maureen Dowd had written about how Obama’s “ears stick out,” Obama tracked her down at a speaking engagement and said: “I just want to put you on notice. I’m very sensitive,” adding, “I was teased relentlessly when I was a kid about my big ears.” (Rush Limbaugh was then criticized for seizing on that comment and warning people that it demonstrated Obama’s skin was too thin for the rigors of the presidency. And in retrospect, Limbaugh was right.)

Perhaps you remember the April 2011 exchange that took place between Obama and Dallas news reporter Brad Watson, during an interview wherein Watson asked the president pointed, probing questions instead of the kind of light and fluffy stuff a CNN reporter asks when he or she gets the chance. For example, as the two sat face to face, Watson looked right at Obama and asked: “Why do you think you’re so unpopular in Texas?” And when Obama tried to make it look like he wasn’t that unpopular in Texas, saying he’d only lost in 2008 by a “few percentage points,” Watson countered: “Well, you lost by about 10%. 55 to 44.” And because Obama can’t handle criticism, he became noticeably bothered as the questions continued. When the short interview was over, an angry Obama whispered to Watson: “Let me finish my answers next time we do an interview.”

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This past weekend marked the two-year anniversary of the U.S. Supreme Court’s ruling in Citizens United.  Protesters, dubbed Occupy the Courts, gathered at the Court to voice their disapproval of the decision:

As Institute for Justice campaign finance expert Paul Sherman explains in the video above:

The irony of those protests is that you had groups of people getting together to speak out against a Supreme Court decision that protected the right of people to get together and speak out.

Indeed, people should not lose their right to free speech simply by exercising their right to freely associate.   And when people group together—be it on the steps of a courthouse, in the form of a trade union or as a corporation—they don’t lose their freedom to speak out.

Occupy the Courts protesters also mistakenly believed that the Citizens United ruling held that “money is speech.”  In fact, the Court never said that.  Rather, it ruled correctly that money facilitates speech.  And if the government has the power to control how much money you can spend speaking, then it effectively can control your speech.

Importantly, the law in question in the Citizens United case empowered the government to fine and even imprison ordinary people for engaging in certain types of speech.   The government argued in court that it had the power to ban videos and books.  I don’t believe that many Americans, including the Occupy the Courts protesters, think the government should be in the business of banning books.

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Today, in 1973, the Paris Peace Accords were signed, ending America’s involvement in the Vietnam War. Of course, the war in Vietnam would continue condemning millions of people to decades of totalitarian rule.

Alex Marlow, Managing Editor, Breitbart.com:

New, aggressive Mitt Romney, who debuted in the goofy Brian Williams quasi-debate last week, was out in full force tonight and he was very, very good. Romney needs to be ready for a fight if he’s to go toe-to-toe with Obama, and the former Massachusetts Governor is finally showing some grit. Rick Santorum drew some blood on him in a heated exchange on healthcare, but Mitt has sworn he’d repeal Obamacare, and that should mitigate many voters’ concerns about his sub-par record on that issue.

Newt Gingrich is most effective when he’s bashing the media and taking the fight to the left (as opposed to strictly Obama), and he wasn’t able do much of either tonight. He called moderator Wolf Blitzer on one “nonsense question,” which was fun, and was able to shoe-horn in one Alinsky reference (which he didn’t have the chance to flesh-out), but those high-ish-lights weren’t enough to make up for an otherwise pedestrian performance.

Rick Santorum spent the first two thirds of the debate yelling at people—though his talking yelling points were generally quite good—and then got sweet and sensitive for the latter third. I like my President cool, calm, and collected, and Santorum needs work on that front.

Thanks to Ron Paul for the comic relief.

As usual, the real winner tonight was President Obama and his palace guards we call the mainstream media. While Wolf Blitzer wasn’t overtly partisan, he was able to keep the focus off of the failure currently occupying the White House or left-wing values and on moon colonies and which wife is best.

Mike Flynn, Editor, BigGovernment:

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Tonight, the 4 remaining GOP candidates meet for the final debate ahead of the Florida Primary on Tuesday. Expect fireworks between Mitt Romney and Newt Gingrich. Also, expect great analysis and reactions from the Breitbart world after the debate. Get the popcorn ready, sparks start flying at 8pm EST on CNN (!).

From Bloomberg News:

Welcome to the YouNews/Mama Belle’s Quality Country Inn All You Can Eat Buffet Republican Primary Debate. From the Belle Vue Room, Route 2, Plainfield, U.S.A. Your moderator is Sherm Willinson, YouNews Web designer and blogger and Mama Belle’s food and beverage manager.

SHERM: Gentlemen, let’s begin the debate. You know the rules. See what you can get away with. We’ve asked the audience to stay silent throughout the debate, except when Speaker Gingrich has the floor. Governor Romney, let’s begin with you. What did you think of the buffet?

MITT ROMNEY: I loved it, Sherm. And so did my beautiful wife, our five sons and five daughters-in-law and our 165 grandkids and their spouses. You know, this is breakfast in America. And America is an All You Can Eat Buffet, or rather, should be. This president wants us all to eat gruel — the very same gruel. And he wants to take the Mama Belle’s fine maple- sweetened turkey off my plate and give it to you. Now I’m happy to share it with you, Sherm, and as you saw on my tax returns I share a lot of my good fortune, which I’m not ashamed of, with the many less fortunate among us. And I’ll continue to do that and more, which is why it’s imperative that we keep charitable contributions deductible. But, Sherm, not every American can afford to participate in a full buffet. Now the speaker, I noticed, went up to the buffet the first time with a small plate, suggesting he might just participate in a more modest, less costly option of cold cereal and fruit. Well, sure enough, he came back with the same small plate and helped himself to the more expensive hot service area. That’s a violation of ethics. I don’t mislead people, Sherm. I don’t promise one thing and then do another. That’s corruption and fraud, and that leads to far worse things that are dangerous to our country. I don’t do that. The speaker does. (more…)

Public officials are scrambling in the wake of the Supreme Court’s decision in California Redevelopment Agency vs. Matosantos to react to their loss of tax-increment financed redevelopment, which served as their piggy-bank under the Community Redevelopment Law for the past 65 years. The California State Legislature and their crony capitalist allies will desperately try to resurrect new tax and economic incentives to reclaim their ability to interfere in the California real estate markets. But barring any last-minute emergency legislation, many redevelopment agencies will go into financial distress and be forced to hammer-sale huge amounts of depressed California real estate to avoid default.

Redevelopment agencies incurred debt to finance “improvements” to properties held by private developers. The primary source of redevelopment district financing has been tax-allocation bonds that pledged the property tax increment increases in assessed valuation to the redevelopment districts as the sole source of payment for tax-free municipal bonds financing unsecured advances from local cities and counties as start-up capital.

Given the speculative nature of real estate development, prospectus for redevelopment bonds were loaded with risk factors; including decline in the value of real estate, failure of the project to generate increased tax increment, and changes in California state law. Given that local cities and counties generally dominate and control the redevelopment districts, local politicians also appear to substantial liability regarding the activities of the districts. Unfortunately, all three risk factors identified in the prospectus have now occurred.

According to Seth Merewitz, Municipal & Redevelopment Law partner at Best Best & Krieger:

“If redevelopment is not reinstated in some fashion by the legislature, then the successor agencies will be charged with meeting enforceable obligations entered into by the redevelopment agency as well as performing many other wind down functions. Moreover, the successor agencies will begin the process of selling off all of the commercial, industrial, residential and even vacant land assets currently held by redevelopment agencies across California. This inventory of property for sale throughout the state will present vast opportunities for investors to pick up real estate assets and trigger future economic development or add more real estate inventory to a flooded and depressed market.”

Many redevelopment districts now fantasize they can enter into Public-Private Partnerships to maintain their unfinished projects.

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Contrary to what some may believe, the Tea Party, aka main-stream America, did not evaporate after their big victory in the 2010 mid-term elections. This year, members of Tea Party groups across the nation are focusing on other activities that are necessary to grass roots organizations: training future activists, working to support the election of more conservatives to Congress and state legislatures, and assisting in teaching young Americans about their Constitution and why they need to defend it.

In addition, Tea Party Patriots has its own response to President Obama’s State of the Union Address:

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Rick Santorum: Relax.

You’re the most conservative candidate in the race, and have outperformed expectations. While the two front-runners attack each other, you have a unique opportunity to stand up for Republican conservative ideas and policies. Focus on Obama and ignore Mitt. Don’t get into back-and-forth with Ron Paul; that helps the frontrunners. Take a hint from Newt, and do what you’ve done to CNN before: resist. (A bit.)

***

Mitt Romney: Stand for something.

You’re good at attacking Newt Gingrich; what we don’t know is if you’re good at attacking Obama. Saying the president is incompetent or un-American has failed you thus far: fight him on ideas! John McCain rose because he was willing to put at least one principle before politics: winning the war in Iraq. For what higher cause are you willing to risk your career? Romneycare? Find an answer, quickly.

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President Obama recently unleashed his first campaign ad for the 2012 election year.  The 30-second spot is described as such:

President Obama has taken steps to make us energy independent and create an economy that’s built to last. He’s been a strong supporter of domestic energy production, has made historic investments in clean energy technology, and has nearly doubled fuel-efficiency standards for cars and trucks. Because of the progress we’ve made, our dependence on foreign oil is the lowest it’s been in 16 years.

The Washington Post gave the ad a rating of “three Pinocchios” for misleading viewers with a suggestion that Obama was responsible for creating 2.7 million clean energy jobs and for cherry-picking certain citations to back up its claims.  The resulting descriptions of the ad included such words as “slippery,” “slick,” and “misleading.”

The Obama administration in a nutshell.

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After the headline rate of unemployment (U-3) reached 8.5 percent in December 2011 ( the most recent month reported), some commentators began to talk as if the employment situation is now improving rapidly. Some have gone on to suggest that those of us who have emphasized the role of regime uncertainty in retarding the current recovery are now barking up the wrong tree, if indeed we ever had a valid point. To speak of employment woes as old news, however, is highly premature.

The Labor Department has recently made public its preliminary estimate of nonfarm employment for 2011. I have added the department’s data for previous years, back to 1999, to construct this table.

Employees on nonfarm payrolls, 1999-2011

(annual average, in thousands)

Year Total Private

1999…… 128,993 108,686

2000….. 131,785 110,995

2001…… 131,826 110,708

2002…… 130,341 108,828

2003…… 129,999 108,416

2004…… 131,435 109,814

2005…… 133,703 111,899

2006…… 136,086 114,113

2007…… 137,598 115,380

2008…… 136,790 114,281

2009….. 130,807 108,252

2010…… 129,818 107,337

2011(p).. 131,159 109,080

The good news is that private nonfarm employment has grown since its recent trough in 2010: the increase in 2011 amounted to 1.6 percent. This is not much, but it’s better than continued decline.

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CHICAGO – The new documentary film is called “A Tale of Two Missions,” and it’s focused on current conditions in Chicago Public Schools.

One “mission” is led by Chicago Mayor Rahm Emanuel, who is working hard to provide fresh opportunities for kids stuck in failing city schools.

The other is led by Karen Lewis, president of the Chicago Teachers Union, who is determined to kill the expansion of school choice in the city, so her union can keep students (and the tax money attached to them) trapped in subpar neighborhood schools.

And now, just as the documentary is released to the public, Emanuel, Lewis and their respective teams have started negotiating a new labor contract that will go a long way toward determining the future of Chicago Public Schools.

The current teachers union contract expires June 30. Negotiations on a new pact are expected to take months, perhaps even beyond the expiration date of the current contract.

Lewis had made it clear that teachers want higher salaries and more expensive benefits, despite the district’s estimated $720 million budget deficit and the continued threat of layoffs for young teachers and cancellation of student programs.

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