MoonWater
Ideal_Rock
- Joined
- Jul 1, 2007
- Messages
- 3,158
Ha! Write to them!!Date: 1/29/2009 7:57:24 PM
Author: WishfulThinking
ETA: That NY Times article is REALLY misleading about the facts of Ledbetter's case and about the effect of the SCOTUS ruling on it. Someone didn't do their legal research very well.![]()
This is a MUCH better article. Seriously, the other one is almost so egregious as to be misleading. This one actually explains what happened to people who didn''t spend the last 3 years following the whole thing and reading all of the documents and decisions. Not everyone is me.Date: 1/29/2009 8:10:45 PM
Author: MoonWater
this article goes a bit more in depth...http://www.washingtonpost.com/wp-dyn/content/article/2009/01/29/AR2009012901887.html
Yes, I read that and immediately thought of you. Also I noted there was no mention of sexual orientation as one of the methods of discrimination.Date: 1/29/2009 8:41:08 PM
Author: WishfulThinking
On another note, the man makes me want to scream sometimes... and not in an altogether positive sort of way.
Obama''s words:
''It is fitting that with the very first bill I sign ... we are upholding one of this nation''s first principles: that we are all created equal and each deserve a chance to pursue our own version of happiness...''
ORLY? Yeah, I wish.
/digging myself a hole in ATW
It did make sense. The SCOTUS thing was crazed because it essentially did say that people should somehow know when they''re being discriminated against within a certain time frame, and if they don''t it''s just tough beans for them. In the past court decisions have made provisions for these things. For example, if a discriminatory pay scale is set on the first day of a job, every single paycheck that employee receives is another "act" of discrimination. Every raise, every bonus... all are in proportion to the original amount, which was a lower amount based on ______ [in this case it was an excellently defined example of sex discrimination adequately proven. The issue was the statute of limitations not the evidence against Goodyear.] Other cases used a slightly looser method, which is that the case had to be filed in a timely fashion once the discrimination is discovered. Both versions were allowable under Title VII before the Ledbetter court decision. This Act just restores those possibilities by saying the suit can be brought within 6 months of finding out about the discrimination. After Ledbetter''s case was lost it was virtually impossible for an employee to sue under Title VII legislation because the timeframe was whacked.Date: 1/29/2009 8:40:11 PM
Author: MoonWater
I didn''t follow this case so my info actually came from the WP article (which I read earlier in the day but didn''t decide to post until later on). I did a google search and the NYT came up first, I figured it would be on par with the WP article and didn''t even read it first. Anyhoo, I read the article afterwards and I was like...where''s the info about how she found out? It was like she knew all that time she was getting paid less and didn''t care until much later.
Then it was how the SCOTUS decision was described, ''relaxing'' was definitely a poor choice of words. I was confused (should go back and read the case now that I think about it) because how on Earth could someone sue on the basis of discrimination 6 months after it occurs if they have no idea it''s occuring? That didn''t jive with other statue of limitation cases I read (re: predatory lending practices, the details are fuzzy at this point, that class was little while back), which indicated that the time period wouldn''t start until after the person was aware (or had sufficient time and methods to become aware) that the issue was occuring.
I''m exhausted...did that make sense?
ETA: I see what you mean re: the weird connotation, pretty freaking shady...wonder what the motive would be tho...
That''s because in all but 12 states, firing someone because they''re gay is perfectly, 100% LEGAL!! Yippee! It actually happens fairly frequently. There are two cases that have made minimal news coverage recently. Actually, even more lovely, is that you don''t even have to BE gay... they just have to say they think you might be. Businesses in most states are also well within their rights to refuse to serve me because I''m gay. It''s just lovely. Hopefully Obama will pass ENDA soon [employment nondiscrimination act] which would add sexual orientation and gender identity and presentation to federal employment non-discrimination policies [which currently protect based on race, sex, religion, and national origin.]Date: 1/29/2009 8:43:41 PM
Author: MoonWater
Date: 1/29/2009 8:41:08 PM
Author: WishfulThinking
On another note, the man makes me want to scream sometimes... and not in an altogether positive sort of way.
Obama''s words:
''It is fitting that with the very first bill I sign ... we are upholding one of this nation''s first principles: that we are all created equal and each deserve a chance to pursue our own version of happiness...''
ORLY? Yeah, I wish.
/digging myself a hole in ATW
Yes, I read that and immediately thought of you. Also I noted there was no mention of sexual orientation as one of the methods of discrimination.
Ok, now that you've laid out what happened with the SCOTUS for me, I'm even more pissed off. What the flying heck were they thinking? That's utterly moronic and the decision made the law, well, useless. Considering how illogical that ruling was do you think it's anyway to get her some type of compensation? You're the Constitutional Law junkie (btw, I need to hit you up for book recommendations), is it possible? I just can't believe this woman walks away with nothing but a law named after her. (that's great too but show me theDate: 1/29/2009 8:49:00 PM
Author: WishfulThinking
It did make sense. The SCOTUS thing was crazed because it essentially did say that people should somehow know when they're being discriminated against within a certain time frame, and if they don't it's just tough beans for them. In the past court decisions have made provisions for these things. For example, if a discriminatory pay scale is set on the first day of a job, every single paycheck that employee receives is another 'act' of discrimination. Every raise, every bonus... all are in proportion to the original amount, which was a lower amount based on ______ [in this case it was an excellently defined example of sex discrimination adequately proven. The issue was the statute of limitations not the evidence against Goodyear.] Other cases used a slightly looser method, which is that the case had to be filed in a timely fashion once the discrimination is discovered. Both versions were allowable under Title VII before the Ledbetter court decision. This Act just restores those possibilities by saying the suit can be brought within 6 months of finding out about the discrimination. After Ledbetter's case was lost it was virtually impossible for an employee to sue under Title VII legislation because the timeframe was whacked.
I've seen the NY Times become visibly more centrist and even relatively conservative on some issues over the years. I know I'm pretty much inviting people to come in here and attack me, but I read it every day along with CNN, Fox, WaPo, etc. [trying to get all angles!] and it always makes me scratch my head in confusion.
Here''s where I get so angry and frustrated that nothing but syllables and curse words come flying out of my mouth. There really are no words. I know Obama has been pretty damn disappointing on this front but I''m hoping he has some sort of strategy where he''s easing into somethings so that the opposition isn''t as strong (i.e. avoiding things which may result in immediate success but a quick reversal). And I really hope he gets ENDA passed ASAP.Date: 1/29/2009 8:52:47 PM
Author: WishfulThinking
That''s because in all but 12 states, firing someone because they''re gay is perfectly, 100% LEGAL!! Yippee! It actually happens fairly frequently. There are two cases that have made minimal news coverage recently. Actually, even more lovely, is that you don''t even have to BE gay... they just have to say they think you might be. Businesses in most states are also well within their rights to refuse to serve me because I''m gay. It''s just lovely. Hopefully Obama will pass ENDA soon [employment nondiscrimination act] which would add sexual orientation and gender identity and presentation to federal employment non-discrimination policies [which currently protect based on race, sex, religion, and national origin.]Date: 1/29/2009 8:43:41 PM
Author: MoonWater
Date: 1/29/2009 8:41:08 PM
Author: WishfulThinking
On another note, the man makes me want to scream sometimes... and not in an altogether positive sort of way.
Obama''s words:
''It is fitting that with the very first bill I sign ... we are upholding one of this nation''s first principles: that we are all created equal and each deserve a chance to pursue our own version of happiness...''
ORLY? Yeah, I wish.
/digging myself a hole in ATW
Yes, I read that and immediately thought of you. Also I noted there was no mention of sexual orientation as one of the methods of discrimination.
I so, so wish that it was possible for her to be compensated. It''s sucky that she got stuck with the stupid Roberts Court. Unfortunately they''re allowed to do that, and since it''s been tried once she can''t bring the same case again. They were thinking that they''re for the most part very conservative and a lot of them are strict constructionists. In general they''re terrible on women''s issues to begin with, but this was even worse because the case allowed them to feign confusion about the intent of the Title VII legislation while hiding behind their strict constructionist standpoint-- if it doesn''t say it *exactly* we won''t rule that way. The decision did make the law useless. It was really disturbing. The Ledbetter Act actually passed in congress toward the end of Bush''s term, but he vetoed it. McCain on the campaign trail came out against it as well, although like Bush, he attributed things to the act that it doesn''t do. Called it an open invitation to sue back decades... obviously the guy has never read the text of the legislation, which is too bad, considering that he was supposed to be voting on it [he wasn''t present for the vote because he was on the campaign trail. I HATE when they do that.]Date: 1/29/2009 8:55:31 PM
Author: MoonWater
Date: 1/29/2009 8:49:00 PM
Author: WishfulThinking
It did make sense. The SCOTUS thing was crazed because it essentially did say that people should somehow know when they''re being discriminated against within a certain time frame, and if they don''t it''s just tough beans for them. In the past court decisions have made provisions for these things. For example, if a discriminatory pay scale is set on the first day of a job, every single paycheck that employee receives is another ''act'' of discrimination. Every raise, every bonus... all are in proportion to the original amount, which was a lower amount based on ______ [in this case it was an excellently defined example of sex discrimination adequately proven. The issue was the statute of limitations not the evidence against Goodyear.] Other cases used a slightly looser method, which is that the case had to be filed in a timely fashion once the discrimination is discovered. Both versions were allowable under Title VII before the Ledbetter court decision. This Act just restores those possibilities by saying the suit can be brought within 6 months of finding out about the discrimination. After Ledbetter''s case was lost it was virtually impossible for an employee to sue under Title VII legislation because the timeframe was whacked.
I''ve seen the NY Times become visibly more centrist and even relatively conservative on some issues over the years. I know I''m pretty much inviting people to come in here and attack me, but I read it every day along with CNN, Fox, WaPo, etc. [trying to get all angles!] and it always makes me scratch my head in confusion.
Ok, now that you''ve laid out what happened with the SCOTUS for me, I''m even more pissed off. What the flying heck were they thinking? That''s utterly moronic and the decision made the law, well, useless. Considering how illogical that ruling was do you think it''s anyway to get her some type of compensation? You''re the Constitutional Law junkie (btw, I need to hit you up for book recommendations), is it possible? I just can''t believe this woman walks away with nothing but a law named after her. (that''s great too but show me the)![]()
Oh and kudos to you for getting all angles. Reminds me of DH. I''m noticing a pattern here with the chicks I love on this forum. All remind me of DH in some way lol.
I like to secretly hope he does, but honestly I am not going to hold my breath. He''s not a bad guy, but he is pretty wishywashy when it comes to me and my rights. I will applaud everything he does that is great, but I will Call.Him.Out. every day until I get what I deserve as well. I think Obama and politicians like him will continue to ease... and ease... and ease and ease and ease and without their taking a strong stance on it public opinion is never going to change and we''ll all be dead by the time everyone came around. SCOTUS passed Loving v. Virginia in 1967 legalizing interracial marriage nation-wide, but it wasn''t until NINETEEN EIGHTY FOUR that the majority of Americans believed that interracial marriage should be legal. I''m pretty damn glad they didn''t sit around waiting for everyone to change their minds on that one. ENDA should be a sure thing in congress and Obama will sign it, but no one seems to be moving on making it happen. It''s also likely to screw over transpeople, so I am NOT excited about that possibility. What''s the use of having protection for myself if it''s at the expense of so many of my loved ones, ya know?Date: 1/29/2009 9:00:04 PM
Author: MoonWater
Date: 1/29/2009 8:52:47 PM
Author: WishfulThinking
Date: 1/29/2009 8:43:41 PM
Author: MoonWater
Date: 1/29/2009 8:41:08 PM
Author: WishfulThinking
On another note, the man makes me want to scream sometimes... and not in an altogether positive sort of way.
Obama''s words:
''It is fitting that with the very first bill I sign ... we are upholding one of this nation''s first principles: that we are all created equal and each deserve a chance to pursue our own version of happiness...''
ORLY? Yeah, I wish.
/digging myself a hole in ATW
Yes, I read that and immediately thought of you. Also I noted there was no mention of sexual orientation as one of the methods of discrimination.
That''s because in all but 12 states, firing someone because they''re gay is perfectly, 100% LEGAL!! Yippee! It actually happens fairly frequently. There are two cases that have made minimal news coverage recently. Actually, even more lovely, is that you don''t even have to BE gay... they just have to say they think you might be. Businesses in most states are also well within their rights to refuse to serve me because I''m gay. It''s just lovely. Hopefully Obama will pass ENDA soon [employment nondiscrimination act] which would add sexual orientation and gender identity and presentation to federal employment non-discrimination policies [which currently protect based on race, sex, religion, and national origin.]
Here''s where I get so angry and frustrated that nothing but syllables and curse words come flying out of my mouth. There really are no words. I know Obama has been pretty damn disappointing on this front but I''m hoping he has some sort of strategy where he''s easing into somethings so that the opposition isn''t as strong (i.e. avoiding things which may result in immediate success but a quick reversal). And I really hope he gets ENDA passed ASAP.
Yeah, a bunch of smart lawyers who were appointed judges of the SCOTUS couldn''t figure out the intent of Title VII, yup, I totally believe that.Date: 1/29/2009 9:01:48 PM
Author: WishfulThinking
I so, so wish that it was possible for her to be compensated. It''s sucky that she got stuck with the stupid Roberts Court. Unfortunately they''re allowed to do that, and since it''s been tried once she can''t bring the same case again. They were thinking that they''re for the most part very conservative and a lot of them are strict constructionists. In general they''re terrible on women''s issues to begin with, but this was even worse because the case allowed them to feign confusion about the intent of the Title VII legislation while hiding behind their strict constructionist standpoint-- if it doesn''t say it *exactly* we won''t rule that way. The decision did make the law useless. It was really disturbing. The Ledbetter Act actually passed in congress toward the end of Bush''s term, but he vetoed it. McCain on the campaign trail came out against it as well, although like Bush, he attributed things to the act that it doesn''t do. Called it an open invitation to sue back decades... obviously the guy has never read the text of the legislation, which is too bad, considering that he was supposed to be voting on it [he wasn''t present for the vote because he was on the campaign trail. I HATE when they do that.]
Lilly is a real star and has been very gracious about the whole situation. I do believe there is a trust set up for her someplace that is accepting donations, but I imagine it probably has a fair amount of support. I think she will be well taken care of, but unfortunately not at the expense of the jerkwads who thought she was worse less because of her naughty bits.![]()
And thank you. Your DH sounds like a very cool guy! ...if I do say so myself.![]()
I pretty much loathe them. After Gonzalez v. Carhart was handed down I almost had a seizure reading the decision... it was all religion and morality and literally not a single piece of factual evidence or constitutional backing. I was appalled. But that's another thread... HAH.Date: 1/29/2009 9:10:02 PM
Author: MoonWater
Date: 1/29/2009 9:01:48 PM
Author: WishfulThinking
I so, so wish that it was possible for her to be compensated. It's sucky that she got stuck with the stupid Roberts Court. Unfortunately they're allowed to do that, and since it's been tried once she can't bring the same case again. They were thinking that they're for the most part very conservative and a lot of them are strict constructionists. In general they're terrible on women's issues to begin with, but this was even worse because the case allowed them to feign confusion about the intent of the Title VII legislation while hiding behind their strict constructionist standpoint-- if it doesn't say it *exactly* we won't rule that way. The decision did make the law useless. It was really disturbing. The Ledbetter Act actually passed in congress toward the end of Bush's term, but he vetoed it. McCain on the campaign trail came out against it as well, although like Bush, he attributed things to the act that it doesn't do. Called it an open invitation to sue back decades... obviously the guy has never read the text of the legislation, which is too bad, considering that he was supposed to be voting on it [he wasn't present for the vote because he was on the campaign trail. I HATE when they do that.]
Lilly is a real star and has been very gracious about the whole situation. I do believe there is a trust set up for her someplace that is accepting donations, but I imagine it probably has a fair amount of support. I think she will be well taken care of, but unfortunately not at the expense of the jerkwads who thought she was worse less because of her naughty bits.![]()
And thank you. Your DH sounds like a very cool guy! ...if I do say so myself.![]()
Yeah, a bunch of smart lawyers who were appointed judges of the SCOTUS couldn't figure out the intent of Title VII, yup, I totally believe that.It's pretty freaking annoying when people deliberately read the law incorrectly. It just seem so blantantly obvious how ridiculous that decision was. Ugh. Well, I'm glad she's being taken care of, in spite of her naughty bits lol.![]()
DH is a cool guy. When I finally get your paper on Arendt I'm giving it to him. Granted he probably won't get to it until the semester is over. I'm not sure how far into OOT he is, I think he stopped due to classes (and the wedding, and the election, god we were nuts last year). But while he was reading it he went on and on about it so I think he'll be interested in your piece.
All understandable but I still think you should take any decisions to move forward knowing that other things will come in the future, even if it isn''t in your life time. A first step must be taken before any succeeding steps can come. Win a battle, even one at a time, and keep fighting until you''ve won the war. Although I agree on your point about Loving, the gay marriage issue needs to be put to rest regardless of public opinion simply because it violates the 14th Amendment. I''m totally baffled on why there is still an argument from a legal standpoint. But even if we won that one there are other areas of the law where discrimination against gays needs to be eradicated (which is what I was referring to in the begin of this posting). I am really hoping it is an ease strategy and not a wishywashy thing. I''m hoping what he has in mind is a method to avoid a situation like what occurred during the rise and eventual downfall of Reconstruction.Date: 1/29/2009 9:06:08 PM
Author: WishfulThinking
I like to secretly hope he does, but honestly I am not going to hold my breath. He''s not a bad guy, but he is pretty wishywashy when it comes to me and my rights. I will applaud everything he does that is great, but I will Call.Him.Out. every day until I get what I deserve as well. I think Obama and politicians like him will continue to ease... and ease... and ease and ease and ease and without their taking a strong stance on it public opinion is never going to change and we''ll all be dead by the time everyone came around. SCOTUS passed Loving v. Virginia in 1967 legalizing interracial marriage nation-wide, but it wasn''t until NINETEEN EIGHTY FOUR that the majority of Americans believed that interracial marriage should be legal. I''m pretty damn glad they didn''t sit around waiting for everyone to change their minds on that one. ENDA should be a sure thing in congress and Obama will sign it, but no one seems to be moving on making it happen. It''s also likely to screw over transpeople, so I am NOT excited about that possibility. What''s the use of having protection for myself if it''s at the expense of so many of my loved ones, ya know?
I don''t even want to read the decisions you''re reading. I had a hard enough time reading decisions from a century ago! And I swear, some of these judges are too into themselves. Their writing is atrocious.Date: 1/29/2009 9:13:52 PM
Author: WishfulThinking
I pretty much loathe them. After Gonzalez v. Carhart was handed down I almost had a seizure reading the decision... it was all religion and morality and literally not a single piece of factual evidence or constitutional backing. I was appalled. But that''s another thread... HAH.
If you want me to send it to you I can do so right now. Again with the laughing, though. I totally understand about feeling insane and not having time. Karen just sent me this awesome piece that I so want to read, but I don''t think I''ll have time for a few weeks at least. Arendt is sort of the greatest. If you DH liked OOT I bet he would like The Human Condition. It''s my absolute favourite, and one of my favourite books in general. On Violence is also great and very short.
The marriage thing is really the only place he''s wishing and washing, which is good, and admirable as well, imo. The other things will come much sooner, although they too are rooted in the 14th Amendment... methinks Obama will end up in a constitutional bind advocating for one policy but not another when they''re based on the same reasoning.Date: 1/29/2009 9:20:39 PM
Author: MoonWater
Date: 1/29/2009 9:06:08 PM
Author: WishfulThinking
I like to secretly hope he does, but honestly I am not going to hold my breath. He''s not a bad guy, but he is pretty wishywashy when it comes to me and my rights. I will applaud everything he does that is great, but I will Call.Him.Out. every day until I get what I deserve as well. I think Obama and politicians like him will continue to ease... and ease... and ease and ease and ease and without their taking a strong stance on it public opinion is never going to change and we''ll all be dead by the time everyone came around. SCOTUS passed Loving v. Virginia in 1967 legalizing interracial marriage nation-wide, but it wasn''t until NINETEEN EIGHTY FOUR that the majority of Americans believed that interracial marriage should be legal. I''m pretty damn glad they didn''t sit around waiting for everyone to change their minds on that one. ENDA should be a sure thing in congress and Obama will sign it, but no one seems to be moving on making it happen. It''s also likely to screw over transpeople, so I am NOT excited about that possibility. What''s the use of having protection for myself if it''s at the expense of so many of my loved ones, ya know?
All understandable but I still think you should take any decisions to move forward knowing that other things will come in the future, even if it isn''t in your life time. A first step must be taken before any succeeding steps can come. Win a battle, even one at a time, and keep fighting until you''ve won the war. Although I agree on your point about Loving, the gay marriage issue needs to be put to rest regardless of public opinion simply because it violates the 14th Amendment. I''m totally baffled on why there is still an argument from a legal standpoint. But even if we won that one there are other areas of the law where discrimination against gays needs to be eradicated (which is what I was referring to in the begin of this posting). I am really hoping it is an ease strategy and not a wishywashy thing. I''m hoping what he has in mind is a method to avoid a situation like what occurred during the rise and eventual downfall of Reconstruction.
Heavens I am so sleepy! I''m at work waiting for DH to get out of class...I think the 2 months of insomnia just caught up with me!!!
Date: 1/29/2009 11:21:43 PM
Author: Gayletmom
I''ll join your ''not handling it gracefully'' club. Over a few drinks recently a dear friend was teasing me about my inability to hold it together when people spout idiotic political nonsense. I tend to come unglued when someone runs on at the mouth and doesn''t know the subject matter but just a few buzz words or slogans. I''m perfectly happy to have a lengthy and respectful disagreement among people who are well informed but I seem to run across the know-it-all yahoo types instead.