Showing posts with label employment discrimination. Show all posts
Showing posts with label employment discrimination. Show all posts

"If a group circles around sacred values, they will evolve into a tribal-moral community."

"They’ll embrace science whenever it supports their sacred values, but they’ll ditch it or distort it as soon as it threatens a sacred value."

Says University of Virginia social psychologist Jonathan Haidt, quoted in this John Tierney piece in the NYT, which gets pretty good if you read past the first half. The first half invites mockery for being so head-slappingly obvious. Glenn Reynolds already wrote just about exactly the post I was about to write. I might have gone even shorter, though. "Duh" is shorter than "Indeed." So, yeah, conservatives are so radically underrepresented in academia that it can't be mere chance.

But let's skip into the middle of the piece and think about the mechanisms of exclusion, these "sacred values" that displace scientific thinking. Haidt notes the example of Daniel Patrick Moynihan, back in 1965, who "warned about the rise of unmarried parenthood and welfare dependency among blacks" and "was shunned by many of his colleagues at Harvard as racist."
Similarly, Larry Summers, then president of Harvard, was ostracized in 2005 for wondering publicly whether the preponderance of male professors in some top math and science departments might be due partly to the larger variance in I.Q. scores among men (meaning there are more men at the very high and very low ends). “This was not a permissible hypothesis,” Dr. Haidt said. “It blamed the victims rather than the powerful. The outrage ultimately led to his resignation. We psychologists should have been outraged by the outrage. We should have defended his right to think freely.”
According to Tierney, Haidt's audience of social psychologists "seemed refreshingly receptive to his argument."
A few even endorsed his call for a new affirmative-action goal: a membership that’s 10 percent conservative by 2020. 
Affirmative action? Why not just stop giving affirmative action to liberals? I think that would get you way above the 10% quota... if you could do it. Ironically, talking "affirmative action" is inherently off-putting to conservatives. It's more of those sacred values from the tribal-moral community that ward off outsiders.

***

Here's Haidt on Bloggingheads, back in 2008, talking about the social psychology of conservatives and liberals. And here's Haidt's "Your Morals" website project about morality and political ideology.

The male daycare center worker who is not allowed to change diapers and "has been asked to leave the classroom when diapering was happening."

From an article about how it's bad to be too suspicious about the possibility that a man is a pedophile. 

But excluding the man from the task of diapering... Seems to me the female employees are getting the worse end — excuse the expression — of this particular discrimination.

Anyway, read the whole article. It's called "Eek! A Male!" I got interrupted in the middle of writing about it by a prompting to look at the thing everyone on the internet is supposed to look at right now that could be called "Eek! A Rat!"

The Supreme Court will decide if Wal-Mart can be sued by a class of 500,000 female employees claiming discrimination.

SCOTUSblog reports on Wal-Mart Stores v. Dukes:
The first question will be whether, under Federal court Rule 23, a lawsuit may seek a money verdict — in this case, a claim for back pay — when the class was created under a provision that limits remedies to corrective court orders, not money.   Besides agreeing to hear that, the Court told the parties to file briefs and prepare to argue on a second question — whether the class was a proper one, under Rule 23, when it was cleared to go forward under Rule 23(b)(2)....

Wal-Mart’s petition had raised a second question that embraced the broader argument that no class should have been approved at all, since the claims made by the women employees were so disparate and so diffuse that they really had nothing in common, and that, as a result, Wal-Mart would not have been able to mount a defense to such claims....

The class approved in this case is the largest ever certified in a job bias context, but is also among the largest of any class certified in any case in federal courts....

The sex discrimination class-action case against Wal-Mart was actually started more than nine years ago as a race bias case involving a single company employee — Betty Dukes, a black woman who is a “greeter” at the company’s store in Pittsburg, Calif.  It later became a class-action lawsuit with six original plaintiffs, including Dukes, contending that the company has engaged in pay and promotion discrimination against women throughout the chain.
MORE: Adam Liptak and Steven Greenhouse have this:
Wal-Mart, which says its policies expressly bar discrimination and promote diversity, said the plaintiffs, who worked in 3,400 stores in 170 job classifications, cannot possibly have enough in common to make class-action treatment appropriate. “We are pleased that the Supreme Court has granted review in this important case,” Wal-Mart said in a brief statement. “The current confusion in class-action law is harmful for everyone — employers, employees, businesses of all types and sizes and the civil justice system. These are exceedingly important issues that reach far beyond this particular case.”...

Brad Seligman, the main lawyer for the plaintiffs, said Monday that plaintiffs welcomed the court’s review of the limited issue and were confident that the justices would rule in their favor. “Wal-Mart has thrown up an extraordinarily broad number of issues, many of which, if the court seriously entertained, could very severely undermine many civil rights class actions,” Mr. Seligman said.
The decision in the 9th Circuit was written by Judge Michael Daly Hawkins — who, incidentally, is one of the judges in the Prop 8 case. (I spent what seems like the entire day listening to the oral argument in that case.)
[W]riting for the majority, [Hawkins] said the company’s policies and treatment of women were similar enough that a single lawsuit was both efficient and appropriate....

[Dissenting, Chief Judge Alex Kozinski wrote:] “Maybe there’d be no difference between 500 employees and 500,000 employees if they all had similar jobs, worked at the same half-billion square foot store and were supervised by the same managers”....

“They have little in common but their sex and this lawsuit,” Judge Kozinski concluded.

"It's comforting that liberals now understand that there are worse things than having a divided Supreme Court disagree with your position."

"I understand that supporters of Judge Sotomayor are claiming that she has been 'vindicated' by the fact that four dissenting judges in Ricci adopted something resembling the position she took when the case was before her. It's comforting that liberals now understand that there are worse things than having a divided Supreme Court disagree with your position. During the Bush years, when a divided Supreme Court would strike down this or that Bush anti-terrorism measure, some liberals were quick to declare the president 'lawless.' They did so despite the fact that there was little precedent on the subject, and such precedent as there was often supported the Bush administration's position. Fortunately, liberal commentators seems to be 'growing in office.'"

Quality snark from Power Line, which links to this Stuart Taylor piece explaining why, in fact, the 4 dissenting Justices were not on the same page as Sotomayor:
[E]ven Justice Ruth Bader Ginsburg's 39-page dissent for the four more liberal justices quietly but unmistakably rejected the Sotomayor-endorsed position that disparate racial results alone justified New Haven's decision to dump the promotional exam without even inquiring into whether it was fair and job-related.

Justice Ginsburg also suggested clearly -- as did the Obama Justice Department, in a friend-of-the-court brief -- that the Sotomayor panel erred in upholding summary judgment for the city. Ginsburg said that the lower courts should have ordered a jury trial to weigh the evidence that the city's claimed motive -- fear of losing a disparate impact suit by low-scoring black firefighters if it proceeded with the promotions -- was a pretext. The jury's job would have been to consider evidence that the city's main motive had been to placate black political leaders who were part of Mayor John DeStefano's political base....

[W]hile Ginsburg at least required the city to produce some evidence that the test was invalid, the Sotomayor panel required no such evidence at all. Its logic would thus provide irresistible incentives for employers to abandon any and all tests on which disproportionate numbers of protected minorities have low scores.
Related Posts Plugin for WordPress, Blogger...