Hasnain says:

Definitely worth reading in full, it goes into labor issues, tech, and gender discrimination.

I also don’t really understand Scalia’s statement on one case covered in the article - he tries to say that multiple individual instances of discrimination do not show bias in the aggregate, but... that does not make sense to me.

“But the Supreme Court ultimately found it didn’t matter if there was evidence that women were being paid less across the company. Writing the majority opinion, Justice Antonin Scalia denied that systematic sexism could be assumed to be the motive force behind a pay gap. “Left to their own devices most managers in any corporation,” Scalia wrote, “would select sex-neutral performance-based criteria for hiring and promotion that produce no actionable disparity at all. Others may choose to reward various attributes that produce disparate impact… still others may be guilty of intentional discrimination.” But crucially, “demonstrating the invalidity of one manager’s discretion will do nothing to demonstrate the invalidity of another’s.” As long as each manager was inflicting independent harms, there was no basis for class action status.”

Posted on 2021-03-20T01:33:11+0000