Go Woke to Work: California Tries to DEI Occupational Licensing, Expediting Applications for Black People

AP Photo/Meg Kinnard

California's progressive Democrats may be better served by cracking open a history book than making new laws based on their imaginary understandings of the Golden State's legacy. California entered the Union as a free state when it was admitted to the United States on September 9, 1850, as part of the Compromise of 1850. This explicitly prohibited slavery from within its borders. 

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But inconvenient facts never get in the way of a government committed to virtue signaling in every crevice of its existence, and the lives of the public it allegedly serves. The latest idea is to DEI the process for getting an occupational license (aka government permission to work in a specific job like barbers, nurses, real estate agents, and more), prioritizing people based on their race. 

Assembly Bill 2862 was introduced by Democrat lawmaker Mike Gipson and co-sponsored by Democrats Juan Carrillo and Josh Lowenthal. The legislation allegedly aims to address underrepresentation in licensed occupations by requiring state licensing boards to prioritize African American applicants. 

Specifically, it mandates state regulatory boards to expedite the licensure process for African American applicants, especially those who are descended from enslaved individuals in the United States. I do not know how the government intends to have applicants satisfy this metric, or if we are to start officially tracking who is and isn't a descendant of slaves.

The bill also sets a sunset date for this provision, which is January 1, 2029, unless extended or removed later.

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Opponents of this legislation question the constitutionality, arguing that it violates the equal protection clause of the 14th Amendment. Legal precedence requires the government to prove a compelling government interest in using racial classifications and narrowly tailor acts to further that interest. Undoubtably, if this bill becomes law it will result in lawsuits. 

There are easier and fairer ways to lower the barriers to workforce entry by reevaluating and removing unnecessary regulations or overly burdensome requirements that may serve as obstacles. Republicans know that the way to streamline a process is to deregulate it, getting the government out of the way. 

Personally, I love the Universal Recognition model adopted in Arizona under former Republican Governor Doug Ducey's administration. It makes professional licensing easily transportable, eliminating delays and redundant training that is time-consuming, costly, and unnecessary. 

The law requires applicants to have at least one year of licensure in good standing in their profession, pay Arizona fees, and meet residency, testing, and background check criteria. However, it doesn't automatically recognize licenses from other states; applicants must still apply through Arizona's licensing boards.

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Of course, many policies can be implemented that help the public achieve the ability to work in their desired profession. Most ideas about professional licensing don't run contrary to basic American constitutional principles and don't require the government to sort people into racial buckets. 

But, California is a topsy-turvey state where "equality" now means that the government gives disparate treatment, depending on what race you are. 


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