A Court Gets One Right

In a sexual orientation case involving an adjunct professor who claimed she was denied “full time employment and promotions based on sexual orientation,” the 7th Circuit ruled unanimously that her employer can, indeed, do exactly that.  In particular, Title VII, under which the case was brought, does not apply to sexual discrimination in the workplace.

The reason the Court got this one right has little to do with discrimination—and everything to do with it—rather, it’s centered on what the law actually says, and what the judges said about what the law actually says.

…a paradoxical legal landscape in which a person can be married on Saturday and then fired on Monday for just that act. For although federal law now guarantees anyone the right to marry an ‐ other person of the same gender, Title VII, to the extent it does not reach sexual orientation discrimination, also allows employers to fire that employee for doing so.  …  Many citizens would be surprised to learn that under federal law any private employer can summon an employee into his office and state, “You are a hard‐working employee and have added much value to my company, but I am firing you because you are gay.” And the employee would have no recourse whatsoever—unless she happens to live in a state or locality with an anti‐discrimination statute that includes sexual orientation.

Because the law, Title VII as it’s written, doesn’t address that question.

There’s more [emphasis added]:

…the distinction between gender nonconformity claims and sexual orientation claims has created an odd state of affairs in the law in which Title VII protects gay, lesbian, and bisexual people, but frequently only to the extent that those plaintiffs meet society’s stereotypical norms about how gay men or lesbian women look or act…. By contrast, lesbian, gay or bisexual people who otherwise conform to gender stereotyped norms in dress and mannerisms mostly lose their claims for sex discrimination under Title VII, although why this should be true is not entirely clear.

Yet, this [emphasis added]:

[T]he paradox is not our concern. Our task is to interpret Title VII as drafted by Congress, and as we concluded in Ulane, Title VII prohibits discrimination only on the basis of gender.

Regardless of what we might think of the particular ruling—concerning a woman who was denied advancement on the basis of her sexual orientation (assuming, arguendo, that her claim was accurate)—or of other rulings involving actual firings over sexual orientation, this court got this ruling right.  The court is right because it applied the law as it was written, and not as it might have preferred it to have been written or as a government agency (EEOC had sided with the professor) wanted it to have been written.

The court also was right because it didn’t stop there.  The court went on to point out that while the law in question, as it was written, conflicted with other laws—one driving the Supreme Court’s ruling on gay marriages, for instance—the court was powerless to resolve the conflict.  Such a resolution is a political decision, not a judicial one; it’s for the people and their elected representatives to alter the law(s) in directions they see fit; no court can do that.

The court’s ruling can be read here.

The Other Supreme Court That’s in the Election Balance

This one is the National Labor Relations Board, a Democrat/union-dominated entity that is nearly the last word on what employers are allowed and required to do.

It’s the NLRB that threatened Boeing with labor unrest expensive lawsuits for its effrontery in wanting to build an aircraft manufacturing plant in the right-to-work state of South Carolina and forced Boeing to keep primary manufacturing in the union state of Washington.

It’s the NLRB that decided that franchise employees actually are jointly employed by the franchise—a McDonald’s burger joint, for instance—and the franchisor—McDonald’s corporate headquarters, for instance—a complete rewrite of the prior NLRB view of franchise employment.

It’s the NLRB that keeps pushing for card-checks at union elections whose purpose is to have the employees decide whether they want a union to represent them, a move designed solely to eliminate heretofore secret ballots in those elections.

It’s the NLRB that has pushed through, regarding those elections, the right of unions to demand an election within 30 days of the start of their public efforts to “organize” a company but without the company’s opportunity to respond in those 30 days—or even to begin to respond to the unions’ non-public efforts to organize.

It’s the NLRB that pushed through its “Persuader” Rule which requires employers to identify publicly all sources of consultation or advice the employer might have contacted—however peripherally—for thoughts on how to deal with unions.

The list goes on.  And on.

The NLRB already is dominated by a Democrat/union majority, and it will only get worse with a Democratic Party President and a Democratic Party-owned Senate making the appointments to the five-member board.

Labor Costs Up, Prices Up

Starbucks is sharply raising its total compensation for its employees in the Seattle area.  Total compensation from wages and stock options is going up some 5% to 15%.  Carefully buried in the very last paragraph of The Seattle Times piece is this little nugget:

Last July, Starbucks raised its prices 3.5 times as much in Seattle as in the rest of the country.  It raised the price of its typical coffeeshop purchase across the U.S. by 1%, but in Seattle by 3.5%.

Hmm….

Tony Blair Misunderstands

Great Britain’s Ex-Prime Minister Tony Blair has sensed danger from the Brits’ vote to leave the European Union.

Blair said in a Friday column in The Daily Telegraph that the future of the United Kingdom is at stake as the country faces negotiations on the terms of leaving the European Union.

Of course there’s danger—there always is when a change as large as this is embarked on.  But Great Britain didn’t get to be as great as it was and still is by being timid.  This move is a great opportunity for the nation, much more so than it is a risk, however real that risk is.

Blair also worried:

Britain is dangerously divided, with “profound dismay” felt by many of the 48 percent who wanted to remain in the EU.

He’s missing the other question, though: would Great Britain be any less divided had they voted to Remain?  Not a bit.

Look forward, not backward.

Another Government Overreach?

Before the government can measure the size of the gig economy—or is it the sharing economy? The digital economy?—the sector needs to be defined.

No, it doesn’t.  It doesn’t even need to measure the size of the gig economy; government has shown it’s not going to do anything useful, or freedom-promoting, with that measurement.

And this misconception, by Commerce Department Acting Under Secretary for Economic Affairs Justin Antonipillai:

In order to have good policy making, you have to have good data[.]

Again, no.  Government doesn’t need to make any policy in this area.  Not at all.  Government just needs to butt out, and let American entrepreneurs make their own way.

Only our Liberals are unable to function without being told every little thing every step of the way.  Even Liberals can learn how, though.