Among the provisions of an Employers Responsibility Act:

(13)  The Justice Department and/or the Labor Department would be required to maintain a publicly-accessible database on those companies that had been cited, sued and/or convicted for such offenses as

• discrimination,
• harassment,
• health and/or safety violations or
• violating immigration laws. 

Employers would be legally required to regularly provide such information to these agencies, so that it would remain accurate and up-to-date.

Such information would arm job applicants with vital information about the employers they were approaching.  They could thus decide in advance if an employer is deserving of their skills and dedication.

As matters now stand, employers can legally demand to learn even the most private details of an applicant’s life without having to disclose even the most basic information about themselves and their history of treating employees.

(14)   CEOs whose companies employ illegal aliens would be held directly accountable for the actions of their subordinates.  Upon conviction, the CEO would be sentenced to a mandatory prison term of at least ten years.

This would prove a more effective remedy for controlling illegal immigration than stationing tens of thousands of soldiers on the U.S./ Mexican border. With CEOs forced to account for their subordinates’ actions, they would take drastic steps to ensure their companies complied with Federal immigration laws.

Without employers eager to hire illegal aliens at a fraction of the money paid to American workers, the invasions of illegal job-seekers would quickly come to an end.

(15)   A portion of employers’ existing Federal taxes would be set aside to create a national clearinghouse for placing unemployed but qualified job-seekers.

* * * * *

Right-wing capitalists and their paid shills in Congress would attack an Employers Responsibility Act as radically Communist.

But Americans need to cast aside their national obsession with Red-baiting and face up to some ugly truths about themselves–and their employers:

For thousands of years, otherwise highly intelligent men and women believed that kings ruled by divine right.  That kings held absolute power, levied extortionate taxes and sent countless millions of men off to war–all because God wanted it that way.

• That lunacy was dealt a deadly blow in 1776 when American Revolutionaries threw off the despotic rule of King George III of England.
• But today, millions of Americans remain imprisoned by an equally outrageous and dangerous theory: The Theory of the Divine Right of Employers.
• Summing up this employer-as-God attitude, Calvin Coolidge still speaks for the overwhelming majority of employers and their paid shills in government: “The man who builds a factory builds a temple, and the man who works there worships there.”

America can no longer afford such a dangerous fallacy as the Theory of the Divine Right of Employers.

The solution lies in remembering that the powerful never voluntarily surrender their privileges.

Americans did not win their freedom from Great Britain–-and its enslaving doctrine of “the divine right of kings”-–by begging for their rights.

And Americans will not win their freedom from their corporate masters–-and the equally enslaving doctrine of “the divine right of employers”––by begging for the right to work and support themselves and their families.

And they will most certainly never win such freedom by supporting right-wing political candidates whose first and only allegiance is to the corporate interests who bankroll their campaigns.

Corporations can–and do–spend millions of dollars on TV ads, selling lies–lies such as the “skills gap,” and how if the wealthy are forced to pay their fair share of taxes, jobs will inevitably disappear.

But Americans can choose to reject those lies–and demand that employers behave like patriots instead of predators.

A nationwide Employers Responsibility Act would ensure fulltime, productive employment for millions of capable, job-seeking Americans.  And it would achieve this goal without raising taxes or creating controversial government “make work” programs.

Two of its provisions have already been outlined.

Among its remaining provisions:

(3) Employers would receive tax credits for creating professional, well-paying, full-time jobs.

This would encourage the creation of better than the menial, dead-end, low-paying and often part-time jobs which exist in the service industry. Employers found using such tax credits for any other purpose would be prosecuted for tax fraud.

(4)  A company that acquired another—through a merger or buyout—would be forbidden to fire en masse the career employees of that acquired company.

This would be comparable to the protection existing for career civil service employees. Such a ban would prevent a return to the predatory “corporate raiding” practices of the 1980s, which left so much human and economic wreckage in their wake.

The wholesale firing of employees would trigger the prosecution of the company’s new owners. Employees could still be fired, but only for provable just cause, and only on a case-by-case basis.

(5)  Employers would be required to provide full medical and pension benefits for all employees, regardless of their full-time or part-time status.

Increasingly, employers are replacing full-time workers with part-time ones—solely to avoid paying medical and pension benefits. Requiring employers to act humanely and responsibly toward all their employees would encourage them to provide full-time positions—and hasten the death of this greed-based practice.

(6) Employers of part-time workers would be required to comply with all federal labor laws.

Under current law, part-time employees are not protected against such abuses as discrimination, sexual harassment and unsafe working conditions. Closing this loophole would immediately create two positive results:

• Untold numbers of currently-exploited workers would be protected from the abuses of predatory employers; and
• Even predatorily-inclined employers would be encouraged to offer permanent, fulltime jobs rather than only part-time ones—since a major incentive for offering part-time jobs would now be eliminated.

(7) Employers would be encouraged to hire to their widest possible limits, through a combination of financial incentives and legal sanctions. Among those incentives: Employers demonstrating a willingness to hire would receive substantial Federal tax credits, based on the number of new, permanent employees hired per year.

Employers claiming eligibility for such credits would be required to make their financial records available to Federal investigators. Employers found making false claims would be prosecuted for perjury and tax fraud, and face heavy fines and imprisonment if convicted.

(8) Among those sanctions: Employers refusing to hire could be required to prove, in court:

• Their economic inability to hire further employees, and/or
• The unfitness of the specific, rejected applicant.

Companies found guilty of unjustifiably refusing to hire would face the same penalties as now applying in cases of discrimination on the basis of age, race, sex and disability. Employers would thus fund it easier to hire than to refuse to do so. Job-seekers would no longer be prevented from even being considered for employment because of arbitrary and interminable “hiring freezes.”

(9) Employers refusing to hire would be required to pay an additional “crime tax.”

Sociologists and criminologists agree that “the best cure for crime is a job.” Thus, employers who refuse to hire contribute to a growing crime rate in this Nation. Such non-hiring employers would be required to pay an additional tax, which would be earmarked for agencies of the criminal justice system at State and Federal levels.

(10)  The seeking of “economic incentives” by companies in return for moving to or remaining in cities/states would be strictly forbidden.

Such “economic incentives” usually:

1. allow employers to ignore existing laws protecting employees from unsafe working conditions;
2. allow employers to ignore existing laws protecting the environment;
3. allow employers to pay their employees the lowest acceptable wages, in return for the “privilege” of working at these companies; and/or
4. allow employers to pay little or no business taxes, at the expense of communities who are required to make up for lost tax revenues.

(11)  Employers who continue to make such overtures would be prosecuted for attempted bribery or extortion:

1. Bribery, if they offered to move to a city/state in return for “economic incentives,” or
2. Extortion, if they threatened to move their companies from a city/state if they did not receive such “economic incentives.”

This would protect employees against artificially-depressed wages and unsafe working conditions; protect the environment in which these employees live; and protect cities/states from being pitted against one another at the expense of their economic prosperity.

(12)  The U.S. Departments of Justice and Labor would regularly monitor the extent of employer compliance with the provisions of this Act. 

Among these measures: Sending  undercover  agents, posing as highly-qualified job-seekers, to apply at companies—and then vigorously prosecuting those employers who  blatantly refused to hire despite their proven economic ability to do so.

This would be comparable to the long-time and legally-validated practice of using undercover agents to determine compliance with fair-housing laws.

Where there are victims, there are always predators ready to profit from their desperation.

Consider the following email sent out in July, 2012, by Steve Poizner, former Republican State Insurance Commissioner of California (2007-2011).

Dear friends,

I wanted to share with you some news before my new venture – Empowered Careers – launches around the country….I’ve started this company to help address one of the key issues we face today — jobs. Our venture aims to close the skills gap through an innovative career development program — all delivered via the iPad.

The program is called “Empowered UCLA Extension” and it combines personalized career counseling with a UCLA Extension professional education from a live instructor who is an expert in his or her field.

It’s all designed specifically for baby boomers seeking to make a career change, get ahead professionally, or get back into the workforce.

* * * * *

Now, consider this passage:

“Using our Empowered app, the iPad will transform any adult’s living room into a modern day classroom or transform a park bench into a study group while the kids are at soccer practice.”

But transforming “any adult’s living room into a modern day classroom” will not compel those employers who refuse to hire to begin doing so.

Nor will it change the behavior of employers who:

• Will hire–but only on a part-time, no-benefits, minimum-wage basis;
• Continue to throw hard-working American employees into the street; and
• Move their companies to China, Mexico or Singapore.

And note that this program is aimed at those who can afford an iPad–and to shell out $9,800.  This, says the website, “includes a one-time special reduction of $3,000 from our expected 2013 total program price of $12,800.”

So if you’re poor because you’re jobless, this program has nothing to offer you.

But America can end this national disaster–and disgrace.

A policy based only on concessions–such as endless tax breaks for hugely profitable corporations–is a policy of appeasement.

And appeasement only whets the appetite of those appeased for even greater concessions.

It is past time to hold wealthy and powerful corporations accountable for their socially and financially irresponsible acts.

This solution can be summed up in three words: Employers Responsibility Act (ERA).

If passed by Congress and vigorously enforced by the U.S. Departments of Justice and Labor, an ERA would ensure full-time, permanent and productive employment for millions of capable, job-seeking Americans.

And it would achieve this without raising taxes or creating controversial government “make work” programs.

Such legislation would legally require employers to demonstrate as much initiative for hiring as job-seekers are now expected to show in searching for work.

An ERAt would simultaneously address the following evils for which employers are directly responsible:

• The loss of jobs within the United States owing to companies’ moving their operations abroad—solely to pay substandard wages to their new employees.
• The mass firings of employees which usually accompany corporate mergers or acquisitions.
• The widespread victimization of part-time employees, who are not legally protected against such threats as racial discrimination, sexual harassment and unsafe working conditions.
• The refusal of many employers to create better than menial, low-wage jobs.
• The widespread employer practice of extorting “economic incentives” from cities or states in return for moving to or remaining in those areas. Such “incentives” usually absolve employers from complying with laws protecting the environment and/or workers’ rights.
• The refusal of many employers to provide medical and pension benefits—nearly always in the case of part-time employees, and, increasingly, for full-time, permanent ones as well.
• Rising crime rates, due to rising unemployment.

Among its provisions:

(1) American companies that close plants in the United States and open others abroad would be forbidden to sell products made in those foreign plants within the United States.

This would protect both American and foreign workers from employers seeking to profit at their expense. American workers would be ensured of continued employment. And foreign laborers would be protected against substandard wages and working conditions.

Companies found violating this provision would be subject to Federal criminal prosecution. Guilty verdicts would result in heavy fines and lengthy imprisonment for their owners and top managers.

(2) Large companies (those employing more than 100 persons) would be required to create entry-level training programs for new, future employees.

These would be modeled on programs now existing for public employees, such as firefighters, police officers and members of the armed services. Such programs would remove the employer excuse, “I’m sorry, but we can’t hire you because you’ve never had any experience in this line of work.” After all, the Air Force has never rejected an applicant because, “I’m sorry, but you’ve never flown a plane before.”

This Nation has greatly benefited from the humane and professional efforts of the men and women who have graduated from public-sector training programs. There is no reason for the private sector to shun programs that have succeeded so brilliantly for the public sector.

Employers often claim that they can’t find the talent they need.  Today’s applicants, they claim, lack skills, education and even a willingness to work.

The truth is altogether different.

So says Peter Cappelli, the George W. Taylor professor of management at the Wharton School at the University of Pennsylvania.   He is also the author of Why Good People Can’t Get Jobs: The Skills Gap and What Companies Can Do About It.

Amazon.com: Why Good People Can’t Get Jobs: The Skills Gap and What Companies Can Do About It

According to Cappelli, when companies whine they can’t find talented employees, the fault usually lies with employers, not job-seekers:

• Hiring managers create wildly inflated descriptions of the talents and skills needed for openings: “They ask for the moon.”
• Computer technology eliminates many qualified people for consideration when their resumés don’t match the inflated qualifications demanded by employers.
• Employers aren’t willing to pay for the education and skills they demand: “What they really want is someone young, cheap and experienced.”
• Online applicants are often told to name a salary expectation.  Anyone who names a salary higher than what the company is willing to pay is automatically rejected.  There’s no chance to negotiate the matter.
• About 10% of employers admit that the problem is that their desired candidates refuse to accept the positions at the wage level being offered.
• Employers are not looking to hire entry-level applicants right out of school. They want experienced candidates who can contribute immediately with no training or start-up time.
• Employers demand that a single employee perform the work of several highly skilled employees. One company wanted an employee to be an expert in (1) human resources, (2) marketing, (3) publishing, (4) project management, (5) accounting and (6) finance.
• When employers can’t find the “perfect candidate” they leave positions open for months. But if they were willing to offer some training, they might easily hire someone who could quickly take on the job.
• Companies have stopped hiring new college graduates and grooming them for management ranks. They no longer have their own training and development departments.  Without systems for developing people, companies must recruit outsiders.
• Employers’ unrealistic expectations are fueled partly by their own arrogance.  With more than three jobless people for every opening, employers believe they should be able to find these “perfect people.”

According to Cappelli, the hiring system desperately needs serious reform:

• Review job descriptions.  If they’re inflated, bring them down-to earth.
• Don’t expect to get something for nothing–or next to it.  Offer competitive salaries.
• Scrutinize the hiring process.  Make sure that the automated systems aren’t screening out qualified candidates simply because they don’t have all the brass buttons in a row.
• Beef up the Human Resources section.

A 1996 cartoon by Ted Rall, the no-holds-barred cartoonist–entitled “Something for Nothing”–brilliantly sums up how most corporate “job creators” actually regard and treat their employees and applicants:

Cappelli worries that the complaints about a labor shortage caused by an unwilling, unskilled workforce will be repeated enough that they will be accepted as truth:

“It’s a loud story … that could become pernicious if it persists.  It does have a blame-the-victim feeling to it.  It makes people feel better. You don’t have to feel so bad about people suffering if you think they are choosing it somehow.”

And where there are victims, there are always people ready to profit from their desperation.

Consider the following email recently sent out by Steve Poizner, former Republican State Insurance Commissioner of California (2007-2011).

A successful Silicon Valley high tech entrepreneur, Poizner founded SnapTrack, Inc. and Strategic Mapping, Inc.  In June, 2011, he co-founded the Encore Career Institute with the Sherry Lansing Foundation and Creative Artists Agency.

Thus, the email sent out on July 2, 2012:

Dear friends,

I wanted to share with you some news before my new venture – Empowered Careers – launches around the country….I’ve started this company to help address one of the key issues we face today — jobs.

Our venture aims to close the skills gap through an innovative career development program — all delivered via the iPad.

The program is called “Empowered UCLA Extension” and it combines personalized career counseling with a UCLA Extension professional education from a live instructor who is an expert in his or her field.

It’s all designed specifically for baby boomers seeking to make a career change, get ahead professionally, or get back into the workforce.

* * * * *

Note the line: “Our venture aims to close the skills gap,” which it assumes to be a reality.  And the ad says nothing about the ”greed gap” which exists between what employers demand from workers–and what they are willing to pay in return.

The Encore Careers Institute will offer online non-degree certificates for out of work adults and baby boomers looking to switch careers.

When did a non-degree certificate ever convince an employer to hire?  Even a hiring-inclined employer?

In its June 8, 2011 cover-story on “What U.S. Economic Recovery?  Five Destructive Myths,” Time magazine warned that profit-seeking corporations can’t be relied on to ”make it all better.”

Click here: What U.S. Economic Recovery? Five Destructive Myths – TIME

Wrote Rana Foroohar, Time‘s assistant managing editor in charge of economics and business:

“There is a fundamental disconnect between the fortunes of American companies, which are doing quite well, and American workers, most of whom are earning a lower hourly wage now than they did during the recession.

“The thing is, companies make plenty of money; they just don’t spend it on workers here.

“There may be $2 trillion sitting on the balance sheets of American corporations globally, but firms show no signs of wanting to spend it in order to hire workers at home.”

In short:  Giving even greater tax breaks to mega-corporations–the standard Republican mantra–has not persuaded them to stop “outsourcing” jobs. Nor has it convinced them to start hiring Americans.

While embarrassingly overpaid CEOs squander corporate wealth on themselves, millions of Americans can’t afford medical care or must depend on charity to feed their families.

Yet there is also a disconnect between the truth of this situation and the willingness of Americans to face up to that truth.

The reason:

“The Republicans have pulled off a major (some would say cynical) miracle,” writes Foroohar.

They have convinced “the majority of Americans that the way to jump-start the economy is to slash taxes on the wealthy and on cash-hoarding corporations while cutting benefits for millions of Americans.

“It’s fun-house math that can’t work.  We’ll need both tax increases and sensible entitlement cuts to get back on track.”

Now, fast-forward one year later–to a June 11, 2012 CNNMoney investigation, which raised the question: “Why is the jobs recovery still so sluggish?”

And the answer?  “These 8 companies recently announced layoffs in the thousands.”

8 job killing companies – Hewlett-Packard slashes 27,000 jobs (1) – CNNMoney

The companies:

• Hewlett-Packard – cutting 27,000 jobs.
• American Airlines – slashing 13,000 jobs–with most of the cuts affecting maintenance and ground workers.  That’s something to think about the next time you’re thinking of flying American.
• Sony – eliminating 10,000 jobs.
• Proctor & Gamble – axing 5,700 jobs.
• PepsiCo – slashing 8,700 jobs.
• Yahoo – wiping out 2,000 jobs.
• First Solar – cutting 2,000 jobs.
• Kraft Foods – slashing 1,600 workers.

Of course, some companies have legitimate reasons for cutting back on employees:

• Sony has failed to revive its losing television business, which hasn’t turned a profit in eight years.
• And PepsiCo has suffered a fall-off in customers as Americans switch from soda to healthier drinks.

But there are also sinister reasons why millions of willing-to-work Americans remain unemployed.  Or remain trapped in part-time, no-benefits jobs far below their levels of education and experience.

Chief among these is the refusal of Congressional Republicans to create job opportunities for their fellow Americans.

U.S. Senator Bernie Sanders (I, Vermont) made just that argument to guest host Ezra Klein on the June 12 edition of “The Rachel Maddow Show.”

U.S. Senator Bernie Sanders

SANDERS: Everybody knows you have to invest in infrastructure. We can create millions of decent paying jobs in the long term and I speak as a former mayor, you obviously save money because you don’t have to do constant repairs as we’ve just seen.

The simple reason is I’m afraid that you have a Republican mindset that says, “Hmm, let`s see, we can repair the infrastructure, save money long time, create millions of jobs, bad idea. Barack Obama will look good.  And we’ve got to do everything that we can to make Barack Obama look bad.”

So, despite the fact that we had a modest bipartisan transportation bill, roads, bridges, public transit pass the Senate with over 70 votes, Inhofe, the most conservative guy in the Senate, working with Barbara Boxer, one of the most progressives, we can’t get that bill moving in the House of Representatives.

So if you’re asking me why, I would say 100 percent political. If it’s good for America, if it creates jobs, if it’s good for Barack Obama, we can’t do it.

Here’s another reason for America’s unemployment miseries:

More than 12 million Americans are now unemployed because many employers have designed “hiring” systems that simply don’t work.

So says Peter Cappelli, the George W. Taylor professor of management at the Wharton School at the University of Pennsylvania.  He is also the author of  Why Good People Can’t Get Jobs: The Skills Gap and What Companies Can Do About It.

Amazon.com: Why Good People Can’t Get Jobs: The Skills Gap and What Companies Can Do About It

Employers often whine that they can’t find the talent they need.  Today’s applicants, they claim, lack skills, education and even a willingness to work.

The truth is altogether different.

Linda Smith, a resident of Menifee, California, wants to help her daughter land a job.

Lisa Smith, 36, has been out of the job market for almost 20 years.

Not that she hasn’t spent those years working.  She has–as a caregiver for her mother.

In 1996, Linda, now 61, was hit by a drunk driver and left with mild dementia.  She couldn’t remember names or safely travel by herself.  Holding down a steady job was impossible.

So Lisa quit her job as a full-time commercial model to care for her mother.  They lived off of Lisa’s part-time jobs, a government caregiver stipend, and Linda’s disability money.

But in June, 2012, a doctor found that Linda was well enough to live alone.

That was the good news.  The bad news was: There would be no more caregiver funds.

As Lisa’s applications for full-time work went unanswered, Linda wanted to help. So, in late February, she began standing on the side of the road, holding a sign.

Linda Smith

And offering $500 cash to any employer willing to hire her daughter at at least $15 an hour or more for an office job, such as an executive assistant.

This will be no easy task.  California has an unemployment rate of 9.8%–one of the worst in the nation.  And it’s a truism that if you’ve been out of the workforce more than six months, employers don’t want to know you.

You might have won the Medal of Honor or be the next Einstein or Steve Jobs.  But it doesn’t matter.

The basic employer mentality goes: “If someone else wasn’t responsible enough to hire you, why should I be?”

An article in the March, 2011 issue of Reader’s Digest gives the lie to the excuses so many employers use for refusing to hire.

Entitled “22 Secrets HR Won’t Tell You About Getting a Job,” it lays bare many of the reasons why America needs to legally force employers to demonstrate as much responsibility for hiring as job-seekers are expected to show toward searching for work.

Click here: 22 Secrets HR Won’t Tell You About Getting a Job | HT Staffing

Among the truths it reveals:

TRUTH NO: 1: Once you’re unemployed more than six months, you’re considered unemployable.

TRUTH NO. 2: As you’ve always suspected: It’s not what but who you know that counts.

TRUTH NO. 3: If you can, avoid HR entirely and seek out someone in the company you know. If you don’t know anyone, go straight to the hiring manager.

TRUTH NO. 4: Don’t assume that someone will read your cover letter. Many of them go straight into the garbage can.

TRUTH NO. 5: You will be judged on the basis of your email address–especially if it’s something like “Igetwasted@aol.com.”

TRUTH NO. 6: Don’t assume you’re protected against age discrimination just because it’s against the law. If you’re in your 50s or 60s, leave your year of graduation off your resume.

TRUTH NO: 7: Don’t assume you’re protected from unemployment just because it’s illegal to discriminate against applicants who have children. Many managers don’t want to hire people with children, and will go to illegal lengths to find out their parental status–like checking an applicant’s car for child safety seats.

TRUTH NO. 8: It’s harder to get a job if you’re fat. Hiring managers make quick judgments based on stereotypes.

TRUTH NO. 9: Many managers will assume you’re a loser if you give them a weak handshake.

TRUTH NO. 10: Encourage the interviewer to talk–especially about himself. Ego-driven interviewers love hearing the sound of their own voices and will assume you’re better-qualified than someone who doesn’t want to listen to them prattle.

The United States has reached the depths of shame when a willing-to-work American must bribe fat-pockets employers to show a sense of hiring responsibility.

Millions of Americans continue to blame President Barack Obama for the nation’s high unemployment rate. But no President can hope to resolve this problem until employers are legally required to act like patriots instead of predators.

Their responsibilities should encompass more than simply fattening their own pocketbooks and/or egos at the expense of their fellow Americans.

Such behavior used to be called treason.

It’s past time to recognize that a country can be betrayed for other than political reasons.  It can be sold out for economic ones, too:

• Employers who enrich themselves by weakening their country—by throwing millions of qualified workers into the street and moving their plants to other countries—are traitors.
• Employers who set up offshore accounts to claim their American companies are foreign-owned—and thus exempt from taxes—are traitors.
• Employers who systematically violate Federal immigration laws—to hire illegal aliens instead of willing-to-work Americans—are traitors.

And with a new definition of treason should go new penalties–heavy fines and/or prison terms–for those who sell out their country to enrich themselves.

It is time, in short, to put a long-overdue end to the Theory of the Divine Right of Employers.