Category Archives: Gender/Sex Discrimination

Scalia To Women: Corporations Have Rights, Not You

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Just how ridiculously narrow-minded and oppressive will U.S. Supreme Court Justice Antonin Scalia get?  It boggles the mind when you consider his latest rant.

In an interview with the online publication California Lawyer” this past week, Scalia declared that the 14th Amendment does not protect gays or women from discrimination.

Scalia stated:

Q. In 1868, when the 39th Congress was debating and ultimately proposing the 14th Amendment, I don’t think anybody would have thought that equal protection applied to sex discrimination, or certainly not to sexual orientation. So does that mean that we’ve gone off in error by applying the 14th Amendment to both?

A. Yes, yes. Sorry, to tell you that. … But, you know, if indeed the current society has come to different views, that’s fine. You do not need the Constitution to reflect the wishes of the current society. Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t.

If I understand the good Justice, taking into consideration his opinion in the recent Citizens United case, corporations have constitutional rights but women and other minorities are free game for discrimination, at least as far as the 14th Amendment goes.   Do you find it astounding that a jurist sitting on the Nation’s Court of Last Resort thinks that AT&T or Halliburton or BP has more rights than your mom does or your sister?  I do.

We all need to think very seriously about Justice Scalia’s comments.  Think about them in the context of this quote which I am re-printing from an excellent article in U.S. News’ Politics blog:

“…laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors.”

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Jury Hits Pharma Giant Novartis With Sex Discrimination Verdict

Breaking News from NYC:

A NYC jury has rendered a verdict against pharmaceutical giant, Novartis, finding that the company had engaged in a pattern and practice of discrimination against women.  In particular, the jury found that the company paid women less than men and treated pregnant women unfavorably.  You can link to an article from ABC News here, discussing the case.

Second Sex Discrimination Verdict Against Novartis:

This verdict is the second sex discrimination verdict the company has suffered in the last few months.  In early March, a jury in the United States District Court for the District of Columbia rendered a verdict in favor of pharmaceutical sales representative Mary Kate Breeden against Novartis, awarding her $289,669on on a claim of retaliation for taking leave under the Family and Medical Leave Act (FMLA).

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