Wednesday, May 30, 2007

Supreme Court OKs Gender Discrimination

From AlterNet:

Despite this, and contrary to the judgment of the EEOC, the Court by a bare 5-4 majority threw out the discrimination claim she brought under the Title VII of the Civil Rights Act. The Court--in an opinion, natch, written by its arch-reactionary newest member--argued that Ledbetter failed to challenge the initial discriminatory pay decision within the required 180 days, and the ongoing pay discrimination did not constitute an "unlawful employment practice." As Ginsburg points out, this reading of the statute makes little sense; unlike with a firing, both because an employee may not be aware of the discriminatory nature of their pay until much later, and moreover it is illogical to hold that only an initial decision to discriminate but not the discriminatory pay itself constitutes an unlawful practice. The effect of the case is to insulate employers from wage discrimination claims as long as they can hid the evidence from the employee being discriminated against for 180 days, a result contrary to the purpose of the statute that is in no way compelled by its language.

More here.

Okay, we're in Kafka territory now, and I'm afraid we're here to stay until I'm an old man. Clearly this decision runs counter to not only the intent of the law, but also its plain language. Alito and his nefarious pals on the bench had to dig deep inside their assholes to come up with this big turd. And these guys are supposedly opposed to "judicial activism." What a fucking laugh. The Civil Rights Act is supposed to prevent discrimination, not legalize it, but somehow that's what these black-robed good old boys managed to make it mean. Like the headline says, gender discrimination is now the law of the land. I mean, sure, there's a law that says it's illegal, but this Alice-in-Wonderland legal logic makes it such that it is impossible to enforce.

I seriously believe that we can look forward to the same kind of crap when it comes to African-Americans drinking out of the same water fountains as whites. The genie's out of the bottle; we're moving backward in time.