Tag: discrimination

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initiative, referendum, and recall local leaders nannyism regulation

Discrimination, California-​Style

California, racism, discrimination, government, corruption

How far will a California lawmaker go to try reverse a validly enacted and also very good citizen initiative?

In 1996, California voters passed Proposition 209, the California Civil Rights Initiative, which prohibits the state government from imposing race-​based, ethnicity-​based, or sex-​based preferences.

Prop 209 added a section to the California Constitution stating that the government “shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.”

In 2020, friends of racial discrimination tried to revive racial preferences through a referendum. But voters shot it down, even though proponents outspent opponents 14 to one.

Now California Assemblyman Corey Jackson wants to revive racial preferences another way. His bill, ACA7, would not touch the language of Proposition 209. But it would empower the governor to make exceptions. What exceptions? Any he wishes, as long as he spews the right rationalizations when he does so.

Law professor Gail Heriot, who has launched a change​.org petition to oppose the measure, says that “ACA7’s proponents are hoping that voters will be fooled into thinking that it is just a small exception. In fact, it gives the governor enormous power to nullify Proposition 209.”

ACA7 has passed the House and now goes to the state senate, awaiting the magic of legislative action. Heriot says Californians should let their senators know where they stand on the bill. I don’t disagree.

This is Common Sense. I’m Paul Jacob.

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First Amendment rights national politics & policies too much government

A Modest Extrapolation

civil rights, discrimination, 1st Amendment, free speech,

The big news from yesterday’s Supreme Court decisions (in June, they typically come in chunks) regards discrimination law, in which the court decided, 6 – 3, with Neil Gorsuch writing the majority opinion, that discrimination “against an employee for being gay or transgender violates the Civil Rights Act of 1964.” As covered at Reason it makes for fascinating reading.

Still, there are many problems here. The whole employment discrimination issue assumes that people have a right to be judged suitable for employment based only on strict consideration of job performance.

This is intrusive into private decision-​making, and opens up hiring and firing to huge legal costs.

But a bigger issue lurks here.

It is now commonplace for employees to be fired under public pressure for merely having political opinions that have little or nothing to do with their jobs.

Anti-​discrimination civil rights law was designed to curb this sort of thing — public pressure for reasons of antipathy and social mania — but only on a limited number of criteria, racism and sexism against protected groups being the areas carved out.

Since we have a First Amendment right to speak, mightn’t that right be applied via discrimination law to prohibit mob deplatforming or resulting loss of employment?

Sure, 1964’s Civil Rights Act limited the scope of its intervention into employment contracts and the “public accommodations” realm of commerce to the above-​mentioned isms, on grounds of a long history of bigotry and invidious private discrimination. But right now, that sort of discrimination is primarily an ideological matter, not racial or sexual. 

Extending the scope of the First Amendment via an anti-​discrimination rationale would seem a natural.

At least for those who favor consistent government intervention over freedom. 

This is Common Sense. I’m Paul Jacob.

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Accountability education and schooling folly general freedom ideological culture local leaders media and media people moral hazard nannyism national politics & policies responsibility too much government

Demeritocracy

affirmative action, quota, college admissions, New York Mayor Bill de Blasio, racism, discrimination, reverse, justice, fairness

New York Mayor Bill de Blasio has a beef with Stuyvesant High School.

It’s about race, of course.

Stuy (as it is affectionately known) is a tuition-​free accelerated academic/​college prep program open to all city residents based on how well they perform on a specific test.

Unsurprisingly, Asians make up the bulk of the student body.

And de Blasio finds this horrific, a “monumental injustice” — there should be more Hispanic and black students, he says.

In front of black parishioners. 

Demagoguery aside, the New York Mayor’s attack is really against the very idea of a meritocracy. The old Progressive vision was to pull from every ethnic group, economic strata, and community the best and brightest, allowing people to advance by study and hard work. Progressives called this “equality of opportunity”; most everybody else, “the American Dream.”

It was the Progressives’ pride and joy.

And today’s progressives are hell bent on destroying it.

They demand “diversity” instead — by which folks like de Blasio mean participation based not on talent and studiousness and sheer academic drive (which some cultures push more than others), but, instead, on today’s primary progressive obsession: skin color.

“My limited tolerance for affirmative action,” writes Richard Cohen in the Washington Post, addressing de Blasio’s excess, “possibly permissible when the poor are advantaged at the expense of the rich — hits a wall in this case.”

My tolerance for “affirmative action” hits the wall earlier: Help the poor afford to go where they can academically earn a spot. (Helping privately would be best.) But do not let race or any other demographic factor put a finger on the merit scale.

This is Common Sense. I’m Paul Jacob.

 

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crime and punishment free trade & free markets general freedom ideological culture media and media people moral hazard national politics & policies privacy property rights responsibility U.S. Constitution

Wouldn’t Freedom Be … Easier?

cake, gay rights, Supreme Court, freedom of association, discrimination, law. nanny state

To bake or not to bake, that is the question.

Actually, the question was may a state discriminate against Christians in regulating “public accommodations”? The Supreme Court has decided, in a supermajority 7 – 2 ruling, that the Colorado Civil Rights Commission wrongly prosecuted a Christian baker who would not make a special wedding cake for a gay couple — while the Commission shrugged when it came to bakers who wouldn’t bake Bible verse cakes.

The ruling came down along the lines I suspected in December: Equal protection. This narrow ruling focused “on what the court described as anti-​religious bias on the Colorado Civil Rights Commission when it ruled against baker Jack Phillips,” Fox News informs us.

In his majority opinion, Justice Anthony Kennedy censured the “Commission’s hostility” to Phillips. And Kennedy recognized the root problem, the “difficult questions as to the proper reconciliation of at least two principles”:

  1. “the authority of a State and its governmental entities to protect the rights and dignity of gay persons”;
  2. “fundamental freedoms under the First Amendment, as applied to the States through the Fourteenth Amendment.”

Ah, discrimination. Has picking at this, like a scab, really increased comity? It sure would be easier were we to stick to freedom of association. 

Wouldn’t that dredge up less animus?

States should not engage in invidious discrimination. Sure. Vital.

But businesses? Must they serve anyone and everyone? Even when it requires the baker or florist to create something custom — or the pianist to perform? Especially when customers can easily go to a competitor? 

Besides, in Colorado, anti-​discrimination laws were used by government to persecute Christians. 

This is Common Sense. I’m Paul Jacob. 

 

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Accountability crime and punishment folly ideological culture moral hazard national politics & policies responsibility

Excepting Responsibility

Google, memo, sexism, discrimination, responsibility, guilt, justice, crime

Responsibility: demand it of others, expect it demanded of you.

So you might think that those who try to redress old grievances with compensatory (“reverse”) discrimination would be a bit more careful. 

Yesterday I wrote about the bizarre Google Memo case, wherein an employee was fired for (basically) warning of a groupthink ideological monoculture at Google … thus proving him right.*

Last weekend I wrote about racial quotas in college entrance. 

In both cases, there’s this idea that moderns in general and white males in particular must “accept responsibility” for the past.

And the evidence is undeniable: Our pale-​faced ancestors — or more likely a very small percentage of other white people’s ancestors — held human beings in bondage. So, too, did almost all peoples around the world; slavery’s old. Here in these United States, after our bloodiest war, our forebears ended that ancient crime. Then there was another century of Jim Crow discrimination, with systemic violence committed against blacks in many areas of the country, often with government acquiescence or involvement.

Harvard and other educational institutions are trying to right those wrongs. 

But there’s a problem: the principle behind their affirmative action schemes is lunatic: Each person of one race bears responsibility for the crimes committed by any person of that same race.

Far better is individual responsibility. Individuals have every right to compensation for any harm another has caused them, certainly. But folks have no right to create new harms against innocent people who happen merely to be of the same race or gender as those who have caused them past harm.

Justice is supposed to be blind, not crazy.

This is Common Sense. I’m Paul Jacob.

 

* The author, it is worth noting, addressed this monoculture in his title, “Google’s Ideological Echo Chamber.” I wonder if being proven right by one’s enemies compensates for job loss.

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Accountability folly general freedom ideological culture moral hazard nannyism national politics & policies

Google Has the Memo

Google, memo, sexism, discrimination, James Damore, affirmative action

A Google employee, James Damore, internally distributed a memo, reprinted by Gizmodo* to widespread (if inch-​deep) horror. The memo controversially takes apart Google’s efforts to increase its number of female employees.

Per the memo, it is surely unjust to discriminate against members of some groups in the cause of opposing alleged discrimination against members of other groups.**

But Damore (who has now been fired for his temerity) undermines this case. In the opening gambit we hear a note of appeasement: “I value diversity and inclusion.…” 

Sounds harmless. Yet …

I don’t know about you, but when hiring somebody to do a job, I don’t rationally pursue “diversity and inclusion” in addition to the goal of hiring someone skillful, punctual, cooperative, bottom-​line-​enhancing. Not if I’m free to use my best judgment. I’d only also consider impacts on “diversity and inclusion” to avoid suffering politically-​induced legal costs if I don’t.

The memo has other problems, but surely we can all agree: discriminating against members of particular groups is an unjust way to enhance workforce “diversity” … even if racial-​sexual-​age-​height-​width “diversity” were a legitimate goal for a company with the purpose of selling technology.

I’ve argued elsewhere against affirmative action in universities. Quotas based on group characteristics are always unjust when the qualifications for achieving a reasonable purpose have nothing to do with those group characteristics. That’s true whether we’re talking about students or workers, and whether the persons being sacrificed to serve “diversity” are white, black or Asian, male or female, gay or straight.

This is Common Sense. I’m Paul Jacob.

 

* Conveniently, Gizmodo neglected to include Damore’s extensive links to research that backed up his points, or his killer graph — even in its update.

** It is also far from self-​evident that the disproportionately high number of male technology workers finds its root cause in sexual discrimination.

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