Class-action discrimination lawsuits after Wal-Mart

Originally posted in Community Blog

By Amanda Dysart & Ariela Migdal, ACLU Women’s Rights Project

Today, the United States Court of Appeals for the Sixth Circuit hears oral argument in Davis v. Cintas, one of the first nationwide class action discrimination cases to be argued since the Supreme Court issued its decision in Wal-Mart Stores v. Dukes last June. The court will decide whether women around the country who applied to be sales representatives at Cintas — a company that rents uniforms and supplies to businesses — can bring a class action to challenge what they claim are Cintas’s discriminatory hiring practices.

The women point to the fact that more than 90 percent of the sales representatives hired during the years in question were men, as were more than 90 percent of the hiring managers. They also argue that managers at Cintas based their hiring on stereotypes — like evidence that the CEO acknowledged a “myth” at the company that women could not be sales representatives, and statements by managers that women could not handle the job and their husbands would not like them working mostly with men. But the trial court found that the women who were rejected for the position did not have enough in common to proceed as a class.

The stakes are high — not only for the thousands of women in the class, but for all workers who need to band together to use class actions to challenge discriminatory workplace practices. Under the rules governing class actions, a group of people challenging discrimination can be certified as a class if they have questions of law or fact in common. Class actions allow people whose individual cases might not be worth much to band together to challenge broad, systemic discriminatory practices. Class actions are especially important for challenging workplace discrimination, like the hiring discrimination in Cintas, because workers often point to a pattern of discriminatory decision making that might go undetected, or be hard to prove, in the context of an individual decision not to hire someone. Read More »

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Sins Invalid: The film

I’ve followed Sins Invalid for a few years now, and always lamented that I haven’t been in Bay Area during their yearly performance. They are:

Sins Invalid is a San Francisco/Bay Area based performance project that celebrates artists with disabilities, centralizing artists of color and queer and gender-variant artists. Since 2006, our performances have explored themes of sexuality, embodiment, and the disabled body, impacting thousands through live performance.

Now Sins is working to turn their show into a documentary, so that people far and wide can experience their work.

I’m excited.

Like many groups, they are turning to kickstarter to get some funding going. Check out their page and see if you want to support. A donation of $35 or more comes with a downloadable copy of the film. Sweet.

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Why “I’ll Make Love To You” makes me miss the 90s

I was ten when this song came out. I remember it clearly, and how even at that age such a sexual song seeped into our elementary school lives. I still know all of the lyrics, basically by heart, and am compelled to belt out to it every time it happens to play (aka every time I dig out my old CDs and put it on).

The last time this happened, in the serendipitous company of Vanessa and Chloe, I was struck by just how goddamn sweet, and dare I say feminist, these lyrics actually are. Compared to the song lyrics of today, these almost seem like a farce they are so damn sweet.

Take for example:

Pour the wine, light the fire
Girl, your wish is my command
I submit to your demands
I will do anything, girl, you need only ask
I’ll make love 2 you like you want me to
And I’ll hold you tight, baby, all through the night
I’ll make love 2 you when you want me to
And I will not let go ’til you tell me to

In today’s pop culture world this kind of refrain is basically unthinkable. “I’ll make love to you, when you want me to“? What the hell kind of consensual bullshit is that? “And I will not let go ’til you tell me to”–this guy is actually offering to cuddle ALL NIGHT? These kinds of men just can’t exist. Read More »

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What we missed

On the whiteness of the Oscar nominees.

Amanda on why Newt got away with so much adultery in the public eye.

Holy crap #occupyvday is already winning the internet.

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Occupy Valentine’s Day

You probably didn’t notice, because like me, you probably don’t care that much, but Valentine’s Day is around the corner. My position on Valentine’s Day has always been pretty mixed–it bothers my cool sensibilities because I think it is corny, but i’m also a little corny and I like celebrating and expressing love and the politics it represents leave a lot to be desired. Being a single lady on the holiday that commemorates heteronormativity in it’s purest form, has not always been easy. It’s hard to feel OK about a holiday that is so limiting in it’s purview of the appropriate and authentic ways to express love.

So this year in an effort to push the bounds of that exclusivity that so many of us feel on Valentine’s day, I wanted to think about the ways we can rethink love and romance to resemble who we are, as singles, couples and community. Celebrating love is a beautiful thing but shouldn’t depend on if we are in a relationship or not, our sexual orientation, our class background, our citizenship status or our marital status.

So I created a tumblr called Occupy Valentine’s Day to collect our re-imaginings of love.

Here are some suggestions from the tumblr’s about section for ways you can OVD. You could…

  • Blog about how traditional ideas of romance perpetuate gender inequalities and hurt people of all genders
  • Share statistics about the growing majority of singles
  • Raise awareness about domestic violence and sexual assault like others have
  • Not be that douche-y couple on Valentine’s Day—maybe hang out with your best friends, single and otherwise
  • Shout about the lack of queer visibility in sexual rights politics
  • Have a sexy conversation by candlelight with your partner about structural inequity
  • Make a commitment to have fulfilling, accountable and loving relationships in all parts of your life
  • Commit to never settling for anyone that is not good enough for you just because you are afraid to spend another Valentine’s Day alone

Occupy is a concept and action that has a tremendous currency right now and reflects the important  protests that continue in cities all across the world. The language of occupying gives us a critical moment to radically re-envision the kind of world we want, romantic and otherwise.

So join us and submit a picture, quote, link, cat pic, whatever and happy Occupying Valentine’s Day!

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