Discrimination law roundup

  • New EEOC chief data officer says machine learning algorithms may soon enable agency to predict, and deploy resources against, workplace bias before it happens [Paige Smith, Bloomberg Law]
  • “The BSO, in a statement, defended its pay structure, saying that the flute and oboe are not comparable, in part because the oboe is more difficult to play and there is a larger pool of flutists.” [Geoff Edgers, Washington Post/Allentown Morning Call]
  • Even they can’t comply: “The case was ironic since the commission is charged with eliminating discrimination in Pennsylvania.” [Matt Miller, PennLive, on the Pennsylvania Human Relations Commission’s jury loss in a race discrimination complaint] “Do as they say, not as they do: employees accuse Planned Parenthood of pregnancy discrimination” [Jon Hyman]
  • Fourth Circuit: maybe Title VII doesn’t create a right to swipe files from HR [Jon Hyman]
  • Although libertarians support legalizing marijuana, they should not support laws that bar employers from discriminating on the basis of marijuana use [Jeffrey Miron, Cato]
  • “Why do women earn less than men? Evidence from train and bus operators” [Valentin Bolotnyy and Natalia Emanuel via Tyler Cowen]
  • Minnesota jury orders women’s football team and league to pay $20,000 to transgender applicant turned away [Mary Lynn Smith, Minneapolis Star Tribune]


  • Why wait for a crime to be committed when we can reach a verdict and punishment now?


    • Minority Report (short story and movie) becomes reality.

  • I have recently (November, 2018) pointed out to EEOC that they have no compliant method to file a request for a hearing. They indicated that they were in fact working on it, and that there should be a compliant means this month. In addition, they are supposed to provide a compliant means for reviewing documents and submitting documents and filings to the AJ.
    That is section 508 compliant of course, since they are a federal entity. And it does cover web accessibility.

  • In the transgender football case, the jury seems to have missed the point, and I hope the team appeals, all the way to SCOTUS if need be. The “discrimination” is not against the persons status as transgender, but because s/he doesn’t meet the physical requirements to play in a woman’s league, which is to actually have a woman’s anatomy.

    Seriously, what would be the legal difference between this lawsuit, and a lawsuit by any ordinary man who wanted to join a woman’s team?

    • There is always the option of applying to the league that does not specify whether a player is male, female, or other. NFL. The ultimate in non-discriminating criteria, focuses only on job qualifications.

  • BSO needs to decide which current principal is worth more to it. Then either raise the flutist’s pay or reduce the oboist’s.

    Oh yeah then bring all the other 93 musicians to parity. After all, each musician is making music. And from the same score, too.

    Next I suggest EEOC take up the unexplained pay differentials for other professionals in the US. Finish with musicians first. Thenphysicians. Then lawyers. Oops. Maybe not lawyers ?

  • In re the transit operators…..channeling a culture warrior:

    Facts be damned, it’s discrimination, plain and simple! We demand equality!

    The Culture Warriors demand that henceforth, women will work the same, greater, amount of OT and take the same lesser amount of unpaid FMLA as men.

    Ladies…get ready to start having to work those weekend shifts…get ready to start having to work more unscheduled OT….get ready to cut your unpaid FMLA down to the level of men. In the name of pay equality!

    /snark off

  • Title 7 and Title 9 were NEVER intended to cover transgenders. Furthermore reliable studies show that less than 2 out of every 1000 people are transgendered so why should we bend over backwards for them? As far as equal pay goes, as long as females shun high paying but physically taxing or even dangerous jobs like oil field work, plumbing, electrician, or long haul trucking in favor of comfortable indoor jobs their pay will lag. On the professional level females continue to avoid high-rewarding demanding majors ;like engineering, chemistry and math in favor of worthless but “fun” majors like poetry, anthropology, sociology and womens’ studies for which pay and demand are low