June 21, 2011

A Big Win for Common Sense

The Unconscious Prejudice Industry – the boo-hoo-we’re-all-guilty-stop-us-before-we-discriminate-again lobby – took it deservedly on the chin Monday from the U.S. Supreme Court.

Genial enough was the court’s unanimous decision not to allow advancement of a sexual discrimination suit against Wal-Mart, inasmuch as the plaintiffs were using the wrong part of the right law. Better still was the conservative bloc’s rejection of a claim to the effect that Wal-Mart managers might have been allowing stereotypes to influence their personnel decisions, thus engaging in “gender bias” against 200 actual claimants who wished judicial permission to speak for a million and a half female employees.

The Unconscious Prejudice Industry – the boo-hoo-we’re-all-guilty-stop-us-before-we-discriminate-again lobby – took it deservedly on the chin Monday from the U.S. Supreme Court.

Genial enough was the court’s unanimous decision not to allow advancement of a sexual discrimination suit against Wal-Mart, inasmuch as the plaintiffs were using the wrong part of the right law. Better still was the conservative bloc’s rejection of a claim to the effect that Wal-Mart managers might have been allowing stereotypes to influence their personnel decisions, thus engaging in “gender bias” against 200 actual claimants who wished judicial permission to speak for a million and a half female employees.

A University of Illinois-Chicago professor, William Bielby, had cooked up this fragrant theory by using something called “social framework analysis.” The reference is to “scientific evidence about gender bias, stereotypes, and the structures and dynamics of gender inequality in organizations.”

The inventors of the concept, also academicians, had already accused Bielby of neglecting to research Wal-Mart’s actual performance, but it was left to the justices to pour this malodorous broth down the kitchen sink. Where was the proof of anything that Wal-Mart had done wrong? The 5-4 majority wished to know. There wasn’t any, apart from a small collection of anecdotes. Everything else was inferential. It had to be so, because it had to be so, because …

The Unconscious Prejudice Industry, which imputes bias to people on the basis of sex or race, has no notion of closing down and going away. For one thing, class action suits employ too many plaintiff’s lawyers shopping for the next judicial bonanza. These folks get no discouragement from Justice Ruth Bader Ginsburg, who wrote in the Wal-Mart case that “Managers, like all humankind, may be prey to biases of which they are unaware.”

Well, yes, as a matter of fact. You might even say the same of Supreme Court justices. Does this mean we should bar Justice Ginsburg from sitting on cases with plaintiffs or defendants against whom she might nurture some bias kept carefully on her person? For that matter, what about the rest of the courts? What about you? What about me?

Federal and state law make certain assumptions that they are well entitled to make when it comes to stated obvious bias; for instance, the job advertisements in 19th-century Massachusetts: “No Irish need apply.” What happens, nevertheless, in a case the Wal-Mart allegations could have turned into? Wal-Mart officially prohibits personnel discrimination. It accords its local managers the latitude that alone keeps decision processes flexible. What that means, to the Unconscious Prejudice Industry, is that things work the opposite way. Yes, they say they don’t discriminate. But, of course, they must and do. “Framework analysis” tell us so: one more sign of the general loopiness of modern life.

Evidence? What need has the liberal mind for evidence – the mind in which the idea of unconscious prejudice was hatched to begin with? The burden of these cases on society grows cumbersome.

First to notice is the cost of litigation. Millions spent on lawyers isn’t doing much besides strengthening the second-home industry. Then watch as we become a culture of bleaters into whose heads the alien thought couldn’t possibly penetrate: Gee, maybe I just didn’t do the job very well!

The whole matter of fairness in hiring and promotion suffers from any public perception that the government alone can save us from the hateful little minds of managers and personnel employees who don’t even know how biased they are.

In the Wal-Mart case, the Supreme Court kept things from getting worse – economically, intellectually, constitutionally than they are at present, but the problem persists and will re-emerge. It’s just too easy, and maybe too profitable, to take for granted that mean old white male power brokers did somebody in due to unconscious white male biases (which deserve to cost them big time).

There’s another factor. The court majority on “unconscious bias” was 5-4: too narrow for comfort, as the constitutional lawyer in the Oval Office has surely noticed.

COPYRIGHT 2011 CREATORS.COM

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.