Title VII of the Civil Rights Act of 1964

Ethics On A Sunday Afternoon, 9/27/2020: Baseball And Rainbow Hearts [Corrected]

/ Jack Marshall / 30 Comments

1. For the first time since I was 12, I’m glad to see the regular baseball season come to an end.

Not only was the 60-game make-shift schedule played before empty stadiums,  with fake crowd noises and cardboard cut-outs a farce, but it looks like some of the accommodations made to adjust to Life Under Lockdown will stick, cheapening the game forever. The worst is the expanded play-off system, which, like the National Hockey League version, basically makes the regular season irrelevant. Maybe the habitually wrong-headed owners will reject it for future seasons, but I’m not sanguine. The extra-innings gimmick of starting each half-inning with a player on second is an abomination, and only slightly less offensive are the seven inning games in double-headers.

Meanwhile, I haven’t watched or followed a Boston Red Sox game since the team joined the one-day wildcat strike to protest the racist, brutal shooting of Jacob Blake, which was neither racist in motive nor an example of police brutality. I’ll be writing a long letter to the team this week: if it alienated me, it’s not only in trouble, it doesn’t know its fan base. And if I get anything approaching the “you’re just a racist not to believe that black lives matter” response that I got from idiot Boston sportswriter Pete Abraham, I’m burning all my Red Sox memorabilia, and burying the stuff that doesn’t burn.

Meanwhile, the club showed its ethics deficits in other ways. Before today’s merciful finale, the team announced that manager Ron Roenicke would not be returning in 2021, a move that was inevitable but that certainly didn’t have to be made now, before the season was even over. Roenicke did nothing to distinguish himself in the lost 2020 season, but he was a good soldier, doing his best—which appears to be mediocrity personified—to guide a snake-bitten team that began by losing its popular manager, Alex Cora because he’s a cheater, then traded its best player, superstar Mookie Betts, then lost its star pitcher to arm surgery and its second best pitcher to the complications from Wuhan virus. The Boston team began a 60 game season by quickly falling ten games under .500, guaranteeing no post season slot, and several of the veteran players started going through the motions. Roenicke, in short, never had wisp of a chance, and the team would have crashed if he were a combination of Casey Stengel, Earl Weaver, John McGraw and Connie Mack

Boston fans, even those that are not disgusted with the team for slapping huge racist, Marxist, lie-based slogans inside and outside Fenway Park, will not want to be reminded of this season, so Roenicke’s demise was mandatory, but he deserved to be treated with some respect. Not even waiting until the season to dump him was over has a “this guy is so bad we can’t stand having him around another second” stench to it, and he did not deserve that.

Well, there’s always the Yankees... Continue reading →

To Be Fair, Some Conservatives ARE Hysterical Over The SCOTUS Decision in Bostock….

/ Jack Marshall / 43 Comments

… which is sad. Gerald Bostock, Aimee Stephens and Donald Zarda, the appellants in the three cases decided yesterday, were discriminated against by their employers for no other reason than what they were, or had decided to be.  In a 6-3 decision, the Supreme Court decided that this breached  the landmark 1964  civil rights legislation which banned discrimination in the workplace on the basis of race, religion, and gender, or what the law called “sex.”

This morning I criticized the Times for a cut line  in its print edition that read “A Trump justice delivers an LGBT ruling that demoralizes the Right” as a gross exaggeration and “psychic news” —how does the Times know that conservatives are “demoralized”? However, I did recently encounter an article in The Federalist by a conservative who not only was apparently demoralized by the decision, but driven to the edge of madness. In all fairness, I thought I should mention it.

Joy Pullman, the author, is a Hillsdale College grad and an executive editor of the Federalist, which will lead me to be a bit more careful using the magazine as a source in the future.

As a preface, I note that Pullman isn’t a lawyer, and I see nothing in her background that suggests qualifications to analyze a Supreme Court decision. Indeed, I see nothing in the article that suggests that she read the majority opinion and the dissents. I’m guessing that she read a news article about the decision, or maybe a critical blog post. Well, a non-lawyer can only criticize a SCOTUS ruling according to his or her policy and ideological preferences. I don’t know why the Federalist would entrust an essay about the decision to someone like Pullman, though she is an executive editor.

Hear are some extreme and irresponsible statements from the piece, which has an extreme and irresponsible title that kindly warns us of the hysteria to come: “SCOTUS’s Transgender Ruling Firebombs The Constitution”: Continue reading →

In A 6-3 Vote, SCOTUS Holds That Workplace Discrimination Against Gay and Transgender Employees Violates Existing Federal Law

/ Jack Marshall / 37 Comments

Back in October I wrote about these cases, including the case involving whether businesses requiring employees to dress in traditional gender-specific garb discriminated against transgender workers without violating federal civil rights law.  Solicitor General Noel Francisco and other Justice Department attorneys argued just that , claiming that Congress didn’t intend to include transgender status when it passed Title VII of the 1964 Civil Rights Act (I think that’s obvious), so the law’s ban on discrimination because of “sex” referred only to unequal treatment of men and women in the workplace.  In  R.G. & G.R. Harris Funeral Homes, Inc. v. Equal Employment Opportunity Commission, the Justice Department opposed the position of the Equal Employment Opportunity Commission that the firing of  former funeral home director Aimee Stephens after she announced she would transition from male to female violated the Act, arguing that redefining sex discrimination was a job for Congress, not the courts. I wrote at the time,

It seems clear that giving LGBTQ Americans the same protection against discrimination as other minorities is the ethical course. This seems to be a technical dispute over whether the Courts or Congress should  fix the problem. That argument is worth having, and I would not be shocked in a SCOTUS majority said that the omission in the law was unjust, but it was not the Court’s job to fix it. In the long run, it will be illegal to discriminate against LGBTQ citizens in the workplace, as it should be. The only question is how drawn out, angry and divisive the process will be to get there.

Well, we have our answer. Continue reading →

You Thought THAT Was Outrageous Sexual Harassment? No, THIS Is Outrageous Sexual Harassment…

/ Jack Marshall / 9 Comments

Yes, disbarred judge Ted Abrams’conduct was terrible.  His harassing behavior towards a female lawyer, however, was chivalry itself compared to what Derek Wright, the owner of Pleasant Grove-based Lone Peak Controls and D& L Electric Control Company, subjected the company’s office manager to during her five year tenure, before he fired her for complaining about him.

In her sexual harassment law suit filed this week, Trudy Nycole Anderson alleges that Wright…

  • …Gave her a Monday-through-Friday “schedule” outlining what she should wear, with “Mini-skirt Monday,” “Tube-top Tuesday,” “Wet T-shirt Wednesday,” “No bra Thursday” and “Bikini top Friday.”
  • …Repeatedly asked her about her breast size and talked about her breasts in front of other employees.