Archive

Archive for the ‘Civil Rights’ Category

Lactation: I don’t think that word means what you think it means.

February 11, 2012 3 comments

Though what this judge thought it meant is beyond me.  The awesome Barry Roseman posts a quote of the day for a bunch of us civil rights lawyer types.  Here was today’s:

The commission says that the company fired [Donnica Venters] because she wanted to pump breast-milk.  Discrimination because of pregnancy, childbirth, or a related medical discrimination is unlawful.  Related conditions can include cramping, dizziness, and nausea while pregnant.

Even if the company’s claim that she was fired for abandonment is meant to hide the real reason — she was wanted to pump breast-milk — lactation is not pregnancy, childbirth, or a related medical condition.   She gave birth on December 11, 2009.  After that day, she was no longer pregnant and her pregnancy-related conditions ended.

Firing someone because of lactation or breast-pumping is not sex discrimination.*

Hold on.  You may have missed the last line, so I’ll re-WordPress-special-quote-function it:

Firing someone because of lactation or breast-pumping is not sex discrimination.

Makes total sense:  none of the men were permitted to lactate or pump breast milk at work either.  QED!

*****************

* EEOC v. Housing Funding II, Ltd., 11-cv-02442 (S.D. Tex. Feb. 2, 2012), slip op. at 2.

Yes, we have a voting problem, Part Deux

February 4, 2012 1 comment

Just last month I was being cynical about Republican efforts to prevent voting fraud by making sure that students and poor people don’t vote.  But thank goodness the Republicans are on the ball, so we could catch poor student Charlie White and punish him for his voting transgressions.

Oh.  Wait.

Jury finds Indiana Secretary of State Charlie White guilty on 6 of 7 felony charges

Do you love that his name is Charlie White as much as I do?   And it’s really a Republican hypocrisy two-fer, because it turned out that his vote fraud, er, “confusion” was, well, I’ll let IndyStar.com break it to you gently:

The charges stemmed from confusion over where White lived when he campaigned for secretary of state in late 2009 and 2010. White claimed that he lived at his ex-wife’s home on the east side of Fishers. But the jury convicted him based on allegations that he actually lived in a townhouse on the opposite side of town that he bought for him and his then-fiancé. The townhouse was outside his Fishers Town Council district.

Note that it’s “confusion” when a conservative politician bails on his wife, shacks up with his fiancé, and fails to notify the secretary of state so he can stay on the city council of the city in which he no longer lives, but potential “fraud” when an 84-year-old woman who has voted in every election since 1948 doesn’t have a birth certificate because she was born at home in 1927.

In which my friend Susie does good things for my brain.

January 26, 2012 1 comment

Expand & protect.

Lunch yesterday with my awesome friend Susie Greene, who has just produced/published this multimedia investigation into solitary confinement.  Extra bonus awesomeness, it features ass-kicking DU clinical professor Laura Rovner.   The video will expand your brain into the toxic arena of solitary confinement.  You thought it was just a few days “in the hole” for bad behavior.  Think again.

And, um, protect.  After lunch — at the (perfectly appropriate) prodding of Susie and Tim — Susie took me ski-helmet shopping.   I have been trying to convince myself that having skied for 40ish years without a helmet, I was somehow grandfathered (grandmothered?) in.   But even I had to admit, finally, that this made no damn sense.  So now I’ll look like this when I ski:

Lindsey Vonn skiing at top speed

Or more realistically:

Amy in a red ski helmet

It shouldn’t be about choice; it should be about respect.

January 24, 2012 Leave a comment

Cynthia Nixon has spurred an interesting dialog by embracing the concept that being gay or lesbian can be a choice.  In the civil rights world,the it’s-not-a-choice-it’s-an-inborn-trait position is an attempt to connect being gay with other protected classes defined by immutable characteristics, such as race, gender, and disability.   It’s also embraced as a counter to the common homophobic position* that if you can choose to love people of your own gender, you can equally easily — like choosing a different flavor of ice cream — choose to love people of the other gender.   Or perhaps choose to live a celibate life.

But Nixon makes I think the precise right point:

I say it doesn’t matter if we flew here or we swam here, it matters that we are here and we are one group and let us stop trying to make a litmus test for who is considered gay and who is not. . . .  It seems we’re just ceding this point to bigots who are demanding it, and I don’t think that they should define the terms of the debate.

It has always seemed bizarre to me that religious folks stress that this protected class — gays and lesbians — is based on choice, when the most mutable, chosen-not-born protected class is religion.  You don’t choose your race, disability, or national origin, and most people don’t choose their gender.  But if you can choose to be Christian, you can just as easily choose to be Jewish or Muslim, right?  Why on earth should we protect Christians against all that discrimination** they face when they could simply elect to be Jewish or Muslim and get away scot-free?***

Seriously, we shouldn’t be discussing choice vs. innate; we should be discussing respect.   And in the discrimination context, relevance.  What on earth relevance does it have to someone’s ability to do their job who they sleep with?  What faith they practice?  Their gender?  Their race?

***********

* Did you know there is something called Conservapedia?  Me neither.  It’s precisely as informative as the name suggests.  For example, this is the only substantive information it provides on the ADA:

The Americans with Disabilities Act (ADA) is a broad federal law that requires places of public accommodation to comply with numerous regulations relating to access by persons having disabilities. The Act encourages lawsuits against restaurants, schools, retail stores, hospitals and other small businesses by providing for the recovery of attorneys fees by successful plaintiffs.

Go forth and be informed, young conservatives with homework projects!

** Clearly Conservapedia is going to be my go-to source for links to straw-man conservative arguments.  They make it so easy!

*** Can I say that?  Does that discriminate against Scottish people?  Or is it OK because I’m a Jewish-Scottish-American?

File under “o” for occasionally we make some progress

December 27, 2011 1 comment

One of the (many many) things I love about legal research is that you can get swept up in the interesting stories that cases tell, many of them totally irrelevant to the point you’re researching.   This is also a happy by-product of ADD.   I think of it as the legal research scenic route, and have no fear, I don’t bill for it.

Today’s scenic route was not so scenic, but was instead a startling history lesson.  I’ll let it speak for itself:

The Court notes that until 1950, the National Association of Real Estate Boards (NAREB) counseled its members to maintain segregated neighborhoods in the interest of maintaining property values. The Code of Ethics of the NAREB provided until then that:  ‘A REALTOR SHOULD NEVER BE INSTRUMENTAL IN INTRODUCING INTO A NEIGHBORHOOD A CHARACTER OF PROPERTY OR OCCUPANCY, MEMBERS OF ANY RACE OR NATIONALITY, OR ANY INDIVIDUALS WHOSE PRESENCE WILL CLEARLY BE DETRIMENTAL TO PROPERTY VALUES IN THAT NEIGHBORHOOD.’

Zuch v. Hussey, 394 F. Supp. 1028, 1054 n.12 (E.D. Mich. 1975).

So, yeah, we’ve made some progress.

Gratuitous political comment:  and this is what Ron Paul would take us back to.

Categories: Civil Rights, WTF?!

Have I mentioned recently how much I love Michael Bérubé?

December 21, 2011 1 comment

A new Bérubé post!  Just in time for Christmas!  Let there be joy throughout the land!  (As we’ve previously established, I’m a HUGE FAN.)  And he’s writing on one of my favorite topics:  universal design.  Let’s face it, the world is full of accommodations . . . for people with physically and psychologically typical bodies.   But they’re only really called “accommodations” when someone with a disability requests them.  Though try attending a meeting where you’re the only hearing person or the only person who doesn’t ride in her own chair, and it will be brought home to you that the typical are accommodated all the damn time.

Future post:  why our lack of wings requires the accommodation of stairs, elevators, escalators, and other ways of accessing upper stories without having to fly.

Anyway, Bérubé’s insight into how this worked in academic accommodations was wonderful:

So in response to my student with CP, I decided to distribute a take-home exam on the final day of class, and then give students 72 or 96 hours to write two essays.  That way, the exam itself would be turned in (and graded) during finals week, and students could devote as much (or as little) time to the exam as they desired.  I’ve done this ever since. . . .

Lastly, for even more extra extra upside, the students who need accommodations  . . . get to work at their own pace, like everybody else.  It’s like universal design … for final exams.

More on the “r-word”

December 3, 2011 3 comments

Sam Bagenstos has written a thoughtful post on the use of the word “retard” in movies and our response as a community.  He was responding to this post, which was reacting, in turn, to the use of the word “retard” in the Alexander Payne/George Clooney movie, The Descendents.  I tend to agree — on general free expression and artistic license grounds — that we should not be in the business of telling writers what to write.  But I’m hoping for the day when the casual use of the word “retard” carries the weight that the casual use “nigger” or “cunt” would.  (For example, I’m predicting it was pretty jarring to read those words in my blog.  Was it equally jarring to read the word “retard”?)

Given the intersection of language nerdery and disability rights, this is a subject that interests me and that I’ve written about a couple of times.  Sam’s blog post makes excellent points, including that

People use the r-word in real life, just like they use slurs against other groups (and just like they do other harmful and wrongful things), and it would be wrong to say that movies and literature can’t depict that.  (And I think it’s a cheat to say that the use of the word can be depicted but only if the character who uses it “learns the lesson” that it’s wrong or is otherwise shown to be a bad and unsympathetic character.  That’s not any different than requiring purely idealized depictions of people.)

Very true.  In fact, if the word were restricted to movies, books, or tv shows in which lessons were learned, we’d only hear it in after-school specials, where the bully turns out to have problems of his own, reforms, and everyone has a group hug in the end.  No, rather than requiring lessons be learned or the word avoided, I’m hoping the movie-going public evolves to the point where the writer knows that putting that word in a character’s mouth will communicate something deeply negative about that character.  Right now, the choice to have a white character use the word “nigger,” without the quotes, directed to or about an African-American, communicates something very specific and negative:  the speaker is a racist asshole.  Same with “cunt”:  sexist bastard, or denizen of frontier Deadwood, South Dakota.

The truth is, I find it incredibly jarring and disappointing when a character in a movie with whom I sympathize (or perceive that I’m supposed to sympathize) uses the word “retard” as a casual epithet.  It’s similar to the phenomenon that Ta-Nehisi Coates has called “the John Mayer Rule,” and which I called “drinking with white people”:   that moment when someone you thought was cool says something bigoted  . . . and the concomitant urge to avoid situations (in my case, drinking with acquaintances who don’t get disability rights) where this might happen.  There are good reasons why George Clooney would not say a long list of offensive epithets in a movie of the type I understand The Descendants to be.  I’m hoping for the day when writers and actors will think that way about the word “retard” and use it accordingly.

One final thought:  a laser-focus on one word misses is the many ways movies and TV can be demeaning to people with disabilities while remaining pristine in language use.  One of my favorite examples is Law & Order, which has presented a long string of pathetic and/or criminal people with disabilities, without once (that I can recall) showing, say, an attorney, detective, forensic professional, or random witness in a wheelchair.  Two episodes stick in my mind.  In one, a mother is accused of killing her son, a quadriplegic.  The son is presented as unable to get out of bed and as a result we are asked to sympathize with the homicidal mother.  Scenery-chewing DA Jack McCoy tells the jury — as a fact, I promise, not as a negative comment on the mother’s narrow world view — “she knew he’d never grow up to be a doctor or lawyer.”  Seriously – how hard would it have been for the writers to figure out that there are all sorts of quad doctors and lawyers and other professionals?  The other episode I recall was where the hunt for the killer led toward the brother who was paralyzed and as a result bitter and murderous.  While I can’t recall others off the top of my head, I don’t recall any portrayals of people who use wheelchairs straying beyond vegetative and/or embittered.  I’d take 100 George Clooney “retard” utterances over this.  Although we keep watching the damn show,* we know to turn it off the instant there is mention of a character with a disability.  We know, to a 100% certainty, that L&O will screw it up.

********************
* L&O occupies the very small overlapping area of Tim and my taste in television:

Defame This!

November 11, 2011 3 comments

Remember just the other day I was ridiculing some over-caffeinated opposing counsel for accusing CCDC of defamation for posting, on its website, pleadings in case alleging that his client violated the ADA.  Highlight:

 

My position is that you and your clients have been defaming my clients by raising false allegations of discrimination . . .

 

On Wednesday, we got the judge’s decision on our motion for summary judgment.  Here’s page 3 — the key portion: 

 


That’s right, Ladies and Gentlemen, summary judgment granted to plaintiffs!  Big thanks for the excellent legal work of Team CCDC:  Kevin Williams, Andrew Montoya, and Briana McCarten.

 

My Day: A Chart

November 10, 2011 1 comment

Flew home from Portland, wheelchair fail, and two very different court decisions in a short period of time:



 

This Week In Random Media Hypocrisy

November 2, 2011 1 comment

Breaking News!  Did you know that the mayor of a  major American city said that treating African-Americans equally was an “inconvenience” that was “unfair to average people” because it made them “uncomfortable”?  You didn’t!?  What a scandal – how did the media miss this?

Oh, right, sorry — it was just the civil rights of people with disabilities.  Silly media consumers — you know that’s not the same thing.  So no reason to expect 24/7 handwringing, apologies, and navel-gazing talk shows about the state of civil rights in response to the MAYOR OF OUR LARGEST CITY SAYING THAT RESPECTING THE RIGHTS OF HIS MINORITY-GROUP CONSTITUENTS IS INCONVENIENT AND UNFAIR TO “AVERAGE” PEOPLE.

In fact, I have to cut the intrepid reporters on the civil rights beat some slack on this because they were busy pursuing a much more important story.

Yes, leading liberal website ThinkProgress was far too busy tracking the astonishing news that  beauty queen got drunk and used a bad word.  In fact, the website was so on top of this story that they got an …

That’s right, an EXCLUSIVE.  You won’t read this important story ANYWHERE ELSE!   And in fact, ThinkProgress has the crucial details, too.  Miss Virginia’s roommate told the reporter that she was “extremely intoxicated” that night and seemed upset that she did not have the full house to herself, so she  “downgraded people based on their physical appearance and economic status.”  Now this is indeed breaking civil rights news:  college girl gets drunk, says something stupid and hurtful.

How on earth did ThinkProgress beat out The Onion to this important scoop?

Follow

Get every new post delivered to your Inbox.

Join 71 other followers