7:05 PM Equal Employment Opportunity Commission Laws | ||||
Equal Employment Opportunity Commission LawsUnder 42 USC Sec. 2000e-5. Enforcement provisions: (a) Power of Commission to prevent unlawful employment practices The Commission is empowered, as hereinafter provided, to prevent any person from engaging in any unlawful employment practice as set forth in section 2000e-2 or 2000e-3 of this title. Under 42 USC Sec. 2000e-2: (a) Employer practices It shall be an unlawful employment practice for an employer- to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin ;. Then again under 42 USC Sec. 2000e-5: (b). Whenever a charge is filed by or on behalf of a person claiming to be aggrieved, or by a member of the Commission, alleging that an employer, employment agency, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, has engaged in an unlawful employment practice, the Commission shall serve a notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) on such employer. employment agency, labor organization, or joint labor-management committee (hereinafter referred to as the `respondent') within ten days, and shall make an investigation thereof. If the Commission determines after such investigation that there is reasonable cause to believe that the charge is true, the Commission shall endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion. 18 USC Sec. 241: "If two or more persons conspire to injure, oppress, threaten or intimidate any inhabitant of any State, Territory, or District in the free exercise or enjoyment of any right secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or If two or more person go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured - They shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results, they shall be subject to imprisonment for any term of years or life." Is being a natural born citizen (U.S. Constitution, Article 2, Clause 5) now equal to being a second class citizen ? Are our elected officials going to be men and women of honesty and integrity and actually honor the oath they have taken "to support this constitution" ? "a natural born citizen". Constitution at Article II, Section 1, Clause 5: "No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this constitution. " Black's Law Dictionary, Sixth Edition, p. 1025: "Native: A natural-born subject or citizen; a citizen by birth; one who owes his domicile or citizenship to the fact of his birth within the country referred to." By signing their application, unknowingly, stating self as a federal or statutory "US CITIZEN" per 26 USC Sec. 7701 (a): (9) United States The term "United States" when used in a geographical sense includes only the States and the District of Columbia. (10) State The term "State" shall be construed to include the District of Columbia, where such construction is necessary to carry out provisions of this title. Note: Black's Law Dictionary, Sixth Addition: p. 763: "Include: To confine within, hold as in an inclosure. " p. 315: "Construe: To put together; to arrange or interpret the words of an instrument, statute, regulation, court decision or other legal authority." Or, in other words: The term "State" shall be interpreted as being confined to the District of Columbia, where such construction is necessary to carry out provisions of this title. Which means: The term "United States" when used in a geographical sense includes only the States (District of Columbia) and the District of Columbia. So, when you complete form SS-5 and mark the block marked "US CITIZEN" you are stating that you are a citizen of the District of Columbia, and subject to any and all legislation per Constitution at Article I, Section 8, Clause 17: To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings; --And" The Non-statutory Abatement is a legal means of "refusing for cause without dishonor" items that are irregular and unauthorized per UCC Section 3-505: The party to whom presentment is made may without dishonor require (a) exhibition of the instrument; and (b) reasonable identification of the person making presentment and evidence of his authority to make it if made for another; and (c) that the instrument be produced for acceptance or payment at a place specified in it, or if there be none at any place reasonable in the circumstances; and (d) a signed receipt on the instrument for any partial or full payment and its surrender upon full payment. Failure to comply with any such requirement invalidates the presentment but the person presenting has a reasonable time in which to comply and the time for acceptance or payment runs from the time of compliance. A federal or statutory "US Citizen", as defined at 26 USC Sec. 7701 (a) (9) & (10): "A natural born citizen" as defined in the Constitution at Article II, Section 1, Clause 6 and a non-resident alien as defined at 26 USC 7701 (b)(1): (B) Nonresident alien: An individual is a nonresident alien if such individual is neither a citizen of the United States nor a resident of the United States (within the meaning of subparagraph (A)). Refusal to accept the Form W-8 is in direct defiance of US v Malinowsk, 347 F.Supp 347: "The employer is not authorized to alter the form or dishonor the employee's claim." And, refusal to accept letter or the Form W-8 is also in direct contradiction of 26 CFR Sec. 31.3402(p)-1, "Voluntary withholding agreements",: "(2) An agreement under section 3402 (p) shall be effective for such period as the employer and employee mutually agree upon. However, either the employer or the employee may terminate the agreement prior to the end of such period by furnishing a signed written notice to the other." Letter and/or the Form W-8 constitute written notice per 26 CFR Sec. 31.3402(p)-1.
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