Posts tagged as:

sex discrimination

Its members will pursue women’s rights; big tasks ahead of them [Arab News, with striking picture]

“You Know That ‘Women Make 77 Cents to Every Man’s Dollar’ Line? It’s Not True.” The long-refuted canard gave President Obama one of his biggest applause lines in the State of the Union address. [Hanna Rosin, Slate] More from, among many others, Christina Hoff Sommers, Diana Furchtgott-Roth, Cathy Young, and the Glenn Kessler/Washington Post.

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State of the Union speech

by Walter Olson on January 29, 2014

Update: I’m in this Cato video, my brief contribution on the president’s executive order powers beginning around the 2:15 mark:

I tweeted and liveblogged the State of the Union address last night so you wouldn’t have to watch. Here are Twitter highlights, in regular rather than reverse chronological order:

A Ninth Circuit panel has ratified that result in a gender discrimination case under California law, ruling that federal district judge Claudia Wilken was within her discretion to approve the award even though, as defendant United Parcel Service argued, “plaintiff Kim Muniz recovered comparatively little in damages and had not prevailed on most of her claims.” [Julia Love, The Recorder; Muniz v. UPS]

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Gender governance quotas [Darren Rosenblum, Prawfs]

“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]

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Labor and employment roundup

by Walter Olson on November 25, 2013

  • Ostrowsky v. Con-Way: “Alcoholic Truck Driver’s Relapse Is Grounds for Firing, Third Circuit Rules” [Legal Intelligencer]
  • “Most minimum-wage workers are members of families with an average income of $42,500″ [Richard Rahn] “Increases in the minimum wage actually redistribute income among poor families by giving some higher wages and putting others out of work” [David Henderson] “Most Americans Favor Raising the Minimum Wage, Unless it Costs Something” [Emily Ekins]
  • Time Warner case: “Is the denial of paid paternity leave discriminatory?” [Jon Hyman]
  • We’d never saddle consumers with the sorts of harassment/discrimination liability we saddle businesses with; let’s consider why [Bryan Caplan]
  • “Special Exemptions: How Unions Operate Above the Law” [Kevin Mooney, CPPC UnionWatch]
  • Should free-marketeers appreciate “alt-labor” (worker centers, etc.) as less coercive than the New Deal union model? [Robert VerBruggen, Ben Sachs, more]
  • Worker hands office colleague an article titled “De-clawing cattiness at work” and nothing good ensues [Employers Lawyer]

“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.

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…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.

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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.

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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)

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June 11 roundup

by Walter Olson on June 11, 2012

  • Nortel portfolio now used for offense: “How Apple and Microsoft Armed 4,000 Patent Warheads” [Wired]
  • Via Bill Childs: “This shows up in Google News despite fact that it’s lawyer advertising.” [TheDenverChannel.com] At “public interest watchdog” FairWarning.org, who contributed this article about Canadian asbestos controversies? Byline credits a law firm;
  • Another Bloomberg crackdown in NYC: gender-differential pricing in haircuts and other services [Mark Perry]
  • A “Pro-Business Regulation Push” from Obama White House? Oh, Bloomberg Business Week, sometimes you can be so droll [Future of Capitalism]
  • “Trial Lawyers’ Support of Republican Candidates Yields Less Than Stellar Results” [Morgan Smith, NY Times; Examiner editorial; more from TLRPac on Texas election results]
  • “Community banks to Congress: you’re crushing us” [Kevin Funnell]
  • If an emergency injunction could stop one reality-TV show, why couldn’t it stop them all? [Hollywood Reporter]

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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.

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“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.

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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.

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