“The female FDNY probie who was allowed to graduate from the Fire Academy without passing a required running test has quit” after a sixth unsuccessful try to run a mile and a half in 12 minutes or less. Wendy Tapia will “return back to EMS ranks,” said a fire spokesman.
“It’s really not about her, it’s about preferential treatment,” said Paul Mannix, president of Merit Matters, a firefighter group that opposes hiring quotas. “People are encouraged that she won’t be fighting fires, not because she’s a woman, but because she couldn’t meet the standards.”
For an excerpt from my discussion in The Excuse Factory of litigation challenging timed tests for firefighters, see this 2007 post. [New York Post, earlier]
“Despite failing a required FDNY running test five times, Wendy Tapia was allowed to graduate from the Fire Academy and become a firefighter. On Dec. 2, she is taking the test for an unprecedented sixth time.” [New York Post] In The Excuse Factory, I told the story of how prolonged litigation from civil rights groups claiming to speak for the interests of female applicants had severely eroded testing for strength, endurance and agility among many urban fire, police and trash services.
…has male-only draft registration become unconstitutional? Gerard Magliocca and commenters discuss.
More: from Ilya Somin (best answer is less conscription, not more); “David Hume” at Secular Right.
Diana Furchtgott-Roth, Hans Bader, Ted Frank and Ramesh Ponnuru are on the case, but the much-promoted fact-checking operations in the wider press continue to show no interest.
Various bloggers have prepared questions for Romney and Obama on topics that include the so-called gender pay gap, the mislabeled Employee Free Choice Act, and Rep. Paul Ryan’s view of unions. [ABA Journal]
“Cranston Mayor Allan Fung says he’s ‘utterly disappointed’ the school district ended the gender-based events after the state affiliate of the American Civil Liberties Union sent a letter of complaint last spring.” [CBS Boston]
P.S. Or, to sum up in a different way: “It became necessary to destroy the village in order to make it more inclusive.” (& Alkon)
Mitt Romney, following a long tradition of GOP candidates unable or unwilling to resist the continued expansion of employment discrimination law, has pre-emptively blessed Congress’s 2009 enactment of the ill-advised Lilly Ledbetter Fair Pay Act gutting statutes of limitation. Hans Bader offers reasons why he should consider drawing the line. [Examiner] More: Ted Frank.
Related: Wisconsin Gov. Scott Walker signs bill repealing duplicative damages law passed by his Democratic predecessors, thus contradicting the accepted narrative in which the scope of available damages in job-bias suits is supposed to be revisable only in an upward direction.
“A banker is suing her former sex discrimination lawyer who she says advised her ‘to start crying’ the next time she had a meeting with her boss.” [Daily Mail]
Evil HR Lady and Ted Frank (more here) note some ambitious contentions in a lawsuit against Bayer Healthcare.
I’ve got an instant analysis up at Cato at Liberty of the retailer’s big Supreme Court win today in Wal-Mart v. Dukes, the class action certification case. The Court ruled unanimously that the Ninth Circuit had jumped the gun in certifying the case as a class action, and 5-to-4 (Scalia writing) that plaintiffs had failed to assemble the evidence needed for certification. (& welcome Real Clear Politics “Best of the Blogs”, Atlantic Wire, Nicole Neily/Daily Caller, Jon Hyman, SCOTUSBlog)
More: Josh Blackman (with a comment on the Court’s recognition of the work of the late Richard Nagareda), Hans Bader, Jim Copland, John Steele Gordon. Spot-the-errors dept.: Dahlia Lithwick. Briefs and other resources on the case at SCOTUSBlog.
“A Maryland man who was charged $1 more for a manicure than women has filed a lawsuit for $200,000 claiming sex discrimination.” [MyFoxDC]
“Companies with more than 100 workers will face spot checks and mandatory reporting on the numbers of women they employ and their position under tough new measures aimed at boosting gender equality in the workplace.” [The Australian]
Plus, related: Case against UK quotas for women on corporate boards [Bainbridge]
California: “The wife of a Roseville city employee has filed a $3.9 million claim against the city alleging it improperly demoted her soon-to-be ex-husband for his extramarital interoffice romance.” [Sacramento Bee]
Headline from last August, recalled by James Taranto: “Milwaukee teachers union files suit over lack of Viagra coverage.” The lack of coverage for erectile dysfunction drugs amounted to sex discrimination, according to the complaint. [Journal-Sentinel]
More on the Wisconsin union showdown from Cato Institute scholars Chris Edwards (Virginia has much sharper restrictions on public-employee unionism than what Gov. Scott Walker is proposing), Neal McCluskey (for the kids? really?), David Boaz (president, with his entire political machine, “is inserting himself into a medium-sized state’s battle over how to balance its budget,” Roger Pilon (unions’ quarrel is with voters) — and see also this 2009 background paper on the unsustainable costs of some union victories.