Last year, the Supreme Court, rounded out in recent years by the evil minions of 43, made a really bad decision. A decision whose logic was almost as twisted as the Bush v. Gore uber-fiasco of 2000.
Bush v. Gore boiled down to “counting votes is no way to determine who won an election.”
The decision in Ledbetter v. Goodyear Tire & Rubber Company held that the statute of limitations clock (180 days) regarding employment discrimination starts running at the first instance of discrimination, even if that discrimination is not known to the employee at the time that it occurred.
If that doesn’t sound retarded enough to you yet, then you haven’t heard the specifics.
Ledbetter, who was a manager at a Goodyear store, was paid 15 - 40% less than her male colleagues during the twenty years she worked there. The trouble is, because salary information was confidential, she didn’t know it. She was unaware of the discrimination until she received an anonymous note informing her of the discrepancy.
Although she took action in the appropriate amount of time from the event that caused her to become aware of the discrimination, the court ruled that, as I said, the clock started ticking on her claim of pay discrimination on the date of the first paycheck in which she was paid less.
So Ledbetter had 180 days from the event that she didn’t know had taken place to make her claim.
Nevertheless, the Supreme Court said in their decision that, by the way, reversed the award given by a lower court, that Ledbetter “could have, and should have, sued” when the decision to discriminate against her was first made.
She could have? How could she have? That remark is rather obviously, um, just steeped in wrongness and idiocy, even for the black robe crowd.
Also obvious to me is that the discrimination was ongoing, and since the opportunity to stop the discrimination was available every time a paycheck was issued, each paycheck represented a separate act of discrimination.
Enter Edward Kennedy, who decided that if the Supreme Court is just going to be blatantly assholeish about the whole thing, then he’s going to introduce legislation that would clarify that pay discrimination is an ongoing event.
Do I have to even tell you that the in killing the bill, the Senate voted along party lines?
Do I have to even tell you that our genius president threatened to veto the bill anyway?
Also, I am proud to report that both Clinton and Obama returned to the Senate to support the bill.
Who didn’t return? And who released a statement saying he doesn’t support the bill?
John “Maverick!” McCain, and here’s his statement:
"I am all in favor of pay equity for women, but this kind of legislation, as is typical of what's being proposed by my friends on the other side of the aisle, opens us up to lawsuits for all kinds of problems…This is government playing a much, much greater role in the business of a private enterprise system."
You hear that? He’s all in favor of women getting equal pay for equal work. Gee, Mr. Maverick, that’s awful white of you, considering that it’s…you know…the law.
What he’s not in favor of, apparently, is women being able to sue to ensure that the law is enforced.
First of all: us. Opens “us” up to lawsuits. Geez, the last time I looked, my name was not Vikkitikkitavi Goodyear motherfuckin Tire & Rubber. What do you mean us, Kemosabe?
Secondly, well, damn, but when you break the goddamn law, it’s SUPPOSED to open you up to lawsuits, at the very least, am I right? Can we not even fucking agree on THAT anymore? I mean, just how far do you have to have your head up the ass of corporate interests that you can stand up as a national presidential candidate and say “c’mon folks, obeying the law really interferes with their ability to make money.”
Not only that, but, I’m sorry ya crusty old dude, but that whole “government playing a much, much greater role in the business of a private enterprise system”…say the fuck what?
What’s the greater role? There’s no greater role. The great role, my friend (And are we sick yet, by the way, of McCain’s sarcastic “my friends” sniping? I know I am.) was played in 1963 and 1964, when the Equal Pay Act and the Civil Rights Act dragged us collectively, kicking and screaming, into the era of civiligoddamnzation. That was the great motherfucking role, you disingenuous piece of shit. And I’m sure if you’d have been president at the time, we’d still be fighting to pass that legislation.
In short, (is it too late for short?) McCain is NOT for pay equity for women, because if he were, he wouldn’t be telling Lilly Ledbetter to fuck off, would he? He wouldn’t be on his knees planting a big smooch on the soft, fat, white asses of corporate
Perhaps John “Maverick” McCain should change his name to John “Still the same good old boy I was when I was better known as one of the Keating Five” McCain, after all.