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.
Tagged as:
Lilly Ledbetter,
Mitt Romney,
sex discrimination,
Wisconsin,
workplace
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.
Tagged as:
class actions,
Ninth Circuit,
sex discrimination,
Supreme Court,
Wal-Mart,
Wal-Mart v. Dukes,
WO writings
“A Maryland man who was charged $1 more for a manicure than women has filed a lawsuit for $200,000 claiming sex discrimination.” [MyFoxDC]
Tagged as:
sex discrimination
“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]
Tagged as:
Australia,
sex discrimination
- EU imposes unisex insurance rates [BBC, Wright]
- Law blog on the offense? TechnoLawyer asserts trademark claim against Lawyerist over “Small Law” [Lawyerist]
- “Pro-business Supreme Court” meme strikes out yet again as SCOTUS backs “cat’s-paw” bias suit theory by 8-0-2 margin [Josh Blackman, Schwartz, Fox; Lithwick locus classicus]
- Subprime CDO manager sues financial writer Michael Lewis over statements in his book The Big Short [AW, Salmon, Kennerly]
- Police in Surrey, England, deny advising garden shed owners not to use wire mesh against burglars [Volokh, earlier]
- Patterns of intimidation: protesters swarm Speaker Boehner’s private residence [Hollingsworth, Examiner] Unions fighting Wal-Mart in NYC plan actions at board members’ homes [Stoll] Report: GOP lawmakers in Wisconsin fear for personal safety [Nordlinger, NRO] White House pushing street protests [Welch, Nordlinger] Age of Civility short lived [Badger Blogger, Althouse, Sullivan]
- In clash with trial lawyers, Cuomo proposes pain and suffering limits in med-mal suits [NYDN, more: NYT] “Bloomberg looks to Texas for ideas on changing medical malpractice laws” [City Hall News]
- Hey, should we seize his drum set? Infuriating video on cop raids and forfeiture laws [Institute for Justice, Michigan]
Tagged as:
Dahlia Lithwick,
Europe,
forfeiture,
insurance,
labor unions,
legal blogs,
libel slander and defamation,
medical malpractice,
mortgages,
New York,
sex discrimination,
Supreme Court,
trademarks
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.
Tagged as:
labor unions,
Milwaukee,
pharmaceuticals,
sex discrimination,
Wisconsin
Debrahlee Lorenzana of Queens, N.Y. says managers at Citibank considered her turtlenecks and tailored pencil skirts “too distracting” and asked her to stop wearing them. When she said that other employees wore similar garb, per her court papers, she was told that wasn’t relevant “as their general unattractiveness rendered moot their sartorial choices, unlike plaintiff.” [NY Post] More: Ted at PoL citing earlier coverage of Lorenzana’s lawyer in this space; Above the Law.
Tagged as:
discrimination law,
sex discrimination
- Pennsylvania attorney general subpoenas Twitter in search of critics’ identities, then backs down [Volokh and more, Levy/CL&P, Romenesko, Wired "Threat Level"]
- Letting kids have unsupervised time in NYC park not actually against the law [Free-Range Kids on "Take Your Kids to the Park, and Leave Them There Day"] Related from Lenore Skenazy: Spiked Online and Salon, “The War on Children’s Playgrounds”
- Uh-oh: New York chief judge Jonathan Lippman endorses massive new Civil Gideon legal-aid entitlement [ABA Journal, and the NYT cheers]
- “Novartis Hit With $250 Million in Punitives in Gender Bias Case” [NYLJ, WSJ Law Blog (blaming bad defense trial strategy) and more, ABA Journal, Hyman]
- Med-mal law has done very well for two attorney brothers in Georgia [Atlanta Journal-Constitution via Pero]
- Kagan’s Oxford thesis revealed: judges shouldn’t make it up as they go along in quest of social justice. Sensation ensues! [WSJ Law Blog, related on political-branch deference] And were the SG’s judicial-restraint principles activated by Graham v. Florida? [Stuart Taylor, Jr., National Journal]
- Federal Elections Commission as net regulator: “How the DISCLOSE Act will restrict free speech” [Brad Smith/Jeff Patch, Reason]
- “Law Professor Confesses ‘I’m a Criminal’” [Tim Lynch, Cato]
- Argentina: “Parts of Anti-Plagiarism Bill Lifted from Wikipedia” [Lowering the Bar, TechDirt]
Tagged as:
civil gideon,
crime and punishment,
Elena Kagan,
Georgia,
medical malpractice,
online speech,
Pennsylvania,
sex discrimination,
Twitter,
Wikipedia
“A single mother soldier is expecting to win a large payout from the Army after a tribunal ruled that it had failed to take enough notice of her childcare needs. … a tribunal ruled [Tilern DeBique] was within her rights to miss training [in Britain's 10th Signal Regiment] when she could not find anyone to look after her daughter.” [Telegraph]
Tagged as:
military,
sex discrimination,
United Kingdom
At the University of Florida female students in the entering class now outnumber male by 3 to 2, and a spokesman matter-of-factly explains: “Girls are being admitted because they are doing the things to be admitted and boys aren’t.” Coyote accepts the statement as rational, but tries to imagine how it would have been received if all the facts were the same but the genders were reversed.
P.S. From the Manhattan Institute’s Minding the Campus, two new articles on the controversy over lesser female representation in science, technology, engineering and math: Susan Pinker, “On Women, STEM and Hidden Bias“, and John Rosenberg, “The Misguided Push for STEM Diversity.”
Tagged as:
colleges and universities,
sex discrimination
