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employment discrimination laws "would be eviscerated" by Alito's logic

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dajoki Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-03-05 11:44 PM
Original message
employment discrimination laws "would be eviscerated" by Alito's logic
WP
http://www.washingtonpost.com/wp-dyn/content/article/2005/11/02/AR2005110202724.html?referrer=email

Critics See Ammunition In Alito's Rights Record

By Amy Goldstein and Jo Becker
Washington Post Staff Writers
Thursday, November 3, 2005

Eight years ago, a trio of federal appellate judges heard the case of Beryl Bray, a housekeeping manager at a Marriott hotel in Park Ridge, N.J., who alleged that she was denied a promotion because she was black. Two of the judges concluded that Bray had shown a lower court enough evidence of discrimination that she deserved a jury trial.

But the third judge, Samuel A. Alito Jr., disagreed, writing that the hotel had merely committed "minor inconsistencies" in its rules for filling jobs and that it would be wrong to allow "disgruntled employees to impose the costs of trial on employers who, although they have not acted with the intent to discriminate, may have treated their employees unfairly."

Alito's dissent prompted a rebuke from his normally congenial colleagues. The law that bans employment discrimination, the other two judges wrote, "would be eviscerated" if courts followed Alito's logic.

Bray v. Marriott attracted scarcely any attention at the time. But now that Alito has been nominated to the Supreme Court, it is part of a group of cases -- spanning gender bias, sexual harassment, age discrimination and disability and voting rights -- that his critics say reflects a narrow reading of civil rights laws.
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The_Casual_Observer Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Nov-03-05 11:46 PM
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1. Hope that sammy gets eviscerated
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dajoki Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-04-05 12:06 AM
Response to Reply #1
2. Alito's dissent prompted a rebuke from his normally congenial colleagues
that's saying a lot.
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texpatriot2004 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-04-05 01:00 AM
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3. We should gather all these threads into one Alito thread. n.t
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dajoki Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-04-05 01:02 AM
Response to Reply #3
4. there's quite a few n/t
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chat_noir Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-04-05 07:03 AM
Response to Reply #3
6. Alito research group
If it weren't for the fact that non-donors can't post, I'd recommend an Alito group be added here:

http://www.democraticunderground.com/discuss/duboard.php?az=show_topics&forum=349


Alito's confirmation hearing is not scheduled to begin until January 9. That gives DU a lot of time to accumulate a lot documentation/opinions on his rulings.
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BlueIris Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-04-05 05:33 AM
Response to Original message
5. Kick. They're your rights on the line, too, FELLAS.
Pay attention, guys. It's not just the wimmen folk who could be screwed if this troglodyte is confirmed.
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dajoki Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Nov-04-05 12:09 PM
Response to Reply #5
7. everybody's rights are at stake n/t
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