alternative hippopotamus

progressive cyberdadaism from our nation’s capital

May 30, 2007

Title 7. Now With Extra Pointless.

by AltHippo @ 4:13 pm. Filed under Uncategorized

Yesterday’s 5-4 Supreme Court decision on discrimination in the workplace greatly simplifies any future editions of Bigotry, Sexism, and Xenophobia for Dummies. The basic idea, as expressed by the Catholic side of the Supreme Court is that if you don’t complain about a difference in pay within 180 days, then that difference in pay could not have been a result of discrimination. Even if it was due to discrimination as it was in the case of Lilly Ledbetter, the Holier part of the court says that from their viewpoint it doesn’t really matter what actually happened. What’s important is that the majority of the court would prefer to see it in the light of the employer’s (Goodyear’s) eyes. And Goodyear’s eyes say that if you didn’t complain about it in 180 days, then it didn’t really happen.

But what if you didn’t know that you were being discriminated against? The Court has made it clear that in the work place you need to constantly find out what your fellow employees are making. And if you make less, you need to file a complaint.

I know some companies make such a question a firing offense, but that’s not Sam Alito’s problem. It’s yours.

Just to be clear about this, even though the question before the court was about sexism, the result applies to all forms of discrimination. Here’s from last night’s News Hour:

JIM LEHRER: OK. Are there far-reaching implications about this or only short-term things with Ms. Ledbetter and others in her similar situation?

MARCIA COYLE: I think there are really two impacts here. One, it’s going to be very difficult for many workers to challenge illegal pay discrimination for the very reasons that Justice Ginsburg noted in her dissent, the nature of pay discrimination. It’s not like a discriminatory firing or hiring or…

JIM LEHRER: It’s not one act.

MARCIA COYLE: That’s right, exactly. And, secondly, the impact is large because of the reach of Title VII. This case was about gender discrimination, but Title VII also covers discrimination on the basis of race, color, national origin and religion.

And, finally, this 180-day rule, the wording in Title VII is very similar to the rule in the Americans with Disabilities Act and the Age Discrimination in Employment Act. So workers who feel they’re being discriminated in their pay on the basis of disability and age also will be affected by the court’s interpretation here.

JIM LEHRER: So, potentially, millions of people could be affected?

MARCIA COYLE: Yes, millions of workers.

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