Wal-Mart v. Dukes (Or, the Day I Actually Used My High School Education)

I generally consider myself a well-informed person on the way the United States works, having taken both a government and a U.S. history class in high school, even if I should pay more attention to current issues than I do. Despite various disappointments, I do put a fair amount of trust in our government’s institutions. The world is not a perfect place, nor is the country, but hey, my life doesn’t suck too badly. I’ve got freedom, I have rights.

So imagine my surprise upon hearing of a landmark Supreme Court decision made yesterday that significantly impacts my rights as a woman, and my future on World News Tonight this evening; a decision that had a air of sense to it and then took a turn for misogynistic. Tonight, I discuss the Wal-Mart v. Dukes case.

Now, I’ll admit that I have a deep and personal hatred of Wal-Mart that stems from their company practices which is another story for another day, but after reading about this case I’d rather be fucked in the ass with a red-hot fire poker in public than ever, ever set foot in there again. And I’d like to do just that to Antonin Scalia. (Okay, maybe that’s extremist. How about a cactus, then.)

So, the case (forgive me if I mess up the legal jargon): female employees were suing Wal-Mart in a class action suit for discrimination on the basis of gender, with as many as 1.5 million plaintiffs involved. Mostly, this case went to the Supreme Court to see if this sort of suit were really allowed, and if its certification as 23(a) and (b)(2) was correct. As it turns out, the certification was wrong, and if that were all we’d put this issue to rest. But then, Scalia, who wrote the opinion, went on unnecessarily that it didn’t really matter the certification, since there was simply no way the women could prove enough commonality between them (under 23(a) I believe) to win the case anyway, in part because their sociologist couldn’t estimate the percentage of decisions that were affected by discriminatory practice.

……………………okay.

This is where things start to get ugly. What Scalia is saying is that he believes Wal-Mart when they say that they have a strong anti-discrimination policy, because their word is good, although all evidence would point to the contrary. But the policy’s there in writing! That’s enough, right? The plaintiffs in this case were shut down because hiring and promotion decisions are made by managers, who differ from region to region. Apparently, this makes each woman’s case too individual to count as true commonality. It protects the company from these sorts of suits because they can simply say that since it’s the manager’s decision and the policy’s in place, they are not at fault. Essentially, Wal-Mart is asking the people in charge of these things to act perfectly and follow excellent company policy 100% of the time, because we all know that people can always be trusted to do the right thing. Ahem. If you have paid any attention at all to history, you should know this is not the case. Not when approximately three quarters of Wal-Mart’s managers are male, not when its competitors seem to be able to promote more women and pay them better, not when big business grinds the worker bees that form its support base into the dust.

Frankly, I think Justice Ginsberg says it best in her dissenting opinion: “The plaintiffs’ evidence, including class members’ tales of their own experiences, suggests that gender bias suffused Wal-Mart’s company culture. Among illustrations, senior management often refer to female associates as ‘little Janie Qs.”” It doesn’t matter if you have a policy against discrimination, if it’s not enforced. Discretion of managers doesn’t work if it’s abused.

Beyond the gender discrimination bit, what the Supreme Court has told Americans is that yes, you may have rights, but big business has more. There’s a quote from Orwell that I often think of in situations like this, from Animal Farm: “All animals are equal, but some animals are more equal than others.” While Wal-Mart has the ability to use its size against its suppliers, Wal-Mart employees may not use the same tactic against the mothership. It’s discussed very well in this article.

Since I’m reading dystopias at the moment, this case brings them to mind. Animal Farm was a satire of communist Russia and its problems; The Handmaid’s Tale is an exaggeration of fundamentalist Christianity and the oppression of women; Brave
New World was political correctness gone mad. It won’t be those that our world slides into. It will be a world ruled by corporations, where our rights are picked away slowly in favor of big business, while they smile and tell us it’s okay, and we’ll take their word for it.

Sources for further reading
The lawyers’ take on the decision http://www.law.com/jsp/cc/PubArticleCC.jsp?id=1202498081292&InHouse_and_Labor_Lawyers_Respond_to_the_Supreme_Courts_WalMart_Decision
For more on why the practices are, indeed, discriminatory http://www.dailykos.com/story/2011/06/21/987061/-Supreme-Court-rules-for-Wal-Mart,-against-women
A good examination of the decision by Forbes http://blogs.forbes.com/danielfisher/2011/06/20/supreme-court-dumps-wal-mart-sex-discrimination-class-action/
Implications for further class action suits http://news.yahoo.com/s/nm/20110620/us_nm/us_walmart_lawsuit
Basic announcement http://news.yahoo.com/s/yblog_thelookout/20110620/us_yblog_thelookout/supreme-court-sides-with-wal-mart-says-female-employees-cant-sue-in-class-action
More on why the certification was wrong and the proof was not significant http://blogs.forbes.com/billsinger/2011/06/20/supreme-court-rejects-class-certification-and-back-pay-issues-in-wal-mart-sex-discrimination-case/

Summer Reading

Summer is a lovely time of year featuring warm, sunny days, riots of flowers, crowded swimming pools, ice cream, drive-in movies, and happy nostalgia. For the average student, it means time to yourself again. Almost three months for whatever pursuits you like! In my case, it means finally getting a chance to read for myself again. This year I’ve actually made a list of the books I would really like to get through in my short bout of freedom, though there will probably be plenty of others. Some of the books here actually have a purpose behind reading them, but most do not.

Science Fiction and Fantasy
Dr. Franklin’s Island – I read it many years ago, and feel that I should reread it, since I recall it being good. I’d also like to read more science fiction this summer, and it fits right in with that.
Earthseed – A find in a used book store, it sounded interesting and like the above, fits in with wanting to read more science fiction. It’s also an interesting premise, and a sequel was recently published.
The Mists of Avalon – I remember watching the miniseries/movie on TV as a child, and always wanted to read the book. My parents gave it to me for Christmas over a year ago, and I’ve been working on it in little bits since. I’d like to actually finish it.
Howl’s Moving Castle – Just watched the movie again with several friends, so now I have an overwhelming urge to reread the book. I don’t think I’ll resist.

Dystopias
1984 – This has been on my list of books to read since we read Animal Farm in eighth grade and I saw it advertised in the back as “negative utopia.” Those words hooked me, and then I got a copy at the library book sale. Then Anila read it and noticed similarities to the movie version of V for Vendetta – so now I’m going to read them together.
The Handmaid’s Tale – Ever since Anila read it and forwarded her awesome AP Literature project on it to me, I have wanted to read this book. I finally broke down and ordered it from Barnes and Noble, and now I really, really can’t wait. A dystopia where women are oppressed? It should be a fascinating read.
V for Vendetta – I love the movie. I don’t know how it compares to the book, but since I watched it I’ve wanted to read it. I read Watchmen last summer, also by Alan Moore, and was blown away. Combine that with 40% off at barnesandnoble.com? Sold.
Brave New World – I read it last summer for school, and enjoyed it much more than expected. Now that I know a bit more about dystopias and will be reading several at least this summer, I’d like to revisit it and see if the experience, and what I get out of it, is any different.

Fluff
The Orange Blossom Special – When I first saw this book on my mother’s shelf, the name rather interested me. I read the summary on the back and found out it took place in Florida, where I was born, and decided to read it sometime. Years later, I decided it was time. Unfortunately, school caught up with me and I had to stop for a while, so now I’d like to finish it.
There’s a (Slight) Chance I Might Be Going to Hell – Oh, come on, with a title like that? Is there any question? That, and it seemed that a fish-out-of-water tale with a little humor would be good. And I need something fluffy to offset the dystopias, much as I love them.
Don’t Judge a Girl by Her Cover - I really enjoy this series, for sheer entertainment value. I seem to read one about every eight months or so, so I guess I'm due.

For Review Purposes
The Realms of the Gods – First, I love Tamora Pierce. Second, I love this quartet. Third, I’d like to pit Daine and Bella Swan against each other to illustrate character development and Mary Sues (hopefully coming in July).
Twilight – Because this “saga” so richly deserves a new opinion from me, after I do an intelligent reread. And I’d like to do a case study of Bella Swan as a Mary Sue.
New Moon – See above.
Eclipse – I’m a glutton for punishment.
Breaking Dawn – So I can laugh. And point out the stupidity to Twilight fans when I go the premiere in my Hogwarts robes.

Classics
Gone With the Wind – How many times have I started this book and gotten halfway through? No more! I only have a few hundred pages left and I am finishing it, dammit!
The Art of War – I’ve wanted to read it for quite some time and picked up a very cheap copy at Target (imagine that). I think it could be useful for college.
A Tale of Two Cities – Another that I’ve wanted to read for some time, and I’m supposed to read it for book club anyway.

Other
The Elegance of the Hedgehog – It’s been maybe a year since I read it, but I would really like to read it again. This is one of those books you have to read a few times to understand, and I don’t think I gave it justice last time.
The Shadow of the Wind – Ah, this book. A long time ago before I was in the book club, they read it and I started it because it sounded interesting. Two things stuck out to me: I had never read anything close to it, and the translator is a god. When I mention it to my mother, it produces rave reviews. I think it’s time to read it properly.
Russian Winter – My mother tells me it’s precisely my type of book, and she adored it. It’s about a Russian ballerina. Are we even asking why?

The Woman Behind the Curtain

Now that the first post is out of the way, I thought it might be nice if I introduced myself.

Greetings. (*waves*)

Like my two dear friends at Keep Calm and Om Nom and Spooky Silent Library (Anila and Rae, respectively, for future reference), I will do a list of things about me. But I will do twelve of them, just because. (To quote the picture, "Yes, I do need them all.") They're all facets you would discover eventually, but they might make your reading experience easier. And away we go!

12. I am a cat person. This means I talk and think about my cats A LOT. I have three and have known an additional two in the past. Each has had a very distinctive personality, as well as its own brand of weirdness. They know everything about me and if they spoke English, I’m sure I’d be blackmailed for ice cream. (Yes, they eat ice cream.) However, they are also adorable and funny, and I like telling stories about them.

11. I like quotes. It means you might see one or a hundred pop up sometimes. There are so many that are amusing or useful, and they can carry a theme (as well as make one look smarter.) Also, they lend weight to reviews. And I just like them. Cue gratuitous quote:

"The most courageous act is still to think for yourself. Aloud." - Coco Chanel

10. I read. There will be lots of book reviews, and lots of mentions of books, but most importantly, this means that I generally try to respect your intelligence SO PROPER TYPING WILL BE EMPLOYED AT ALL TIMES. (Minus any mistakes I don’t catch, which are usually few.) I read, therefore I expect you to be able to read something not in textspeak. I think it’s a fair expectation, if the base justification is flawed. But. That’s what you’ll find here. And if you comment, please, for the love of my supposed sanity, use proper typing too.

9. I love to laugh. And I often laugh at inappropriate moments, because I have a twisted sense of humor. I will be laughing long after everyone else has started to edge away in fear, and I have many different laughs (of varying degrees of obnoxiousness.) This tends to mean I am a generally happy person, whether I realize it or not.

8. I play favorites with companies. Or, you could say I’m a fanatic loyalist, or a corporate fangirl. Are there flaws to some of them? Yes. Do we acknowledge those flaws here? Absolutely not. This means you might come across the occasional breathless rant about the awesomeness of Google, Pixar, Studio Ghibli, Apple, or Barnes and Noble. Among others.

7. I like classical music and film scores. So don’t you dare expect me to know what’s popular, or scoff when I’ve never heard “Billionaire” (true story behind that.) Forget me singing the lyrics. It won’t happen. If you want to talk about Tchaikovsky’s genius or Michael Giacchino’s emotional poignancy, however, I could go on for hours.

6. I am a total ballet nerd. (As well as several other varieties.) I can at least offer the excuse that I’ve been a dancer for thirteen years, so I was bound to pick up something. I love classical ballet and its history, the culture, the art. It’s a standard of beauty for me and something of a measuring stick for my life. But that’s not the only nerdiness I indulge, oh no. I’m also a Whovian, Potterhead, Trekkie, Star Wars lover, and Fullmetal Alchemist fangirl. To name the big ones. And I like analysis of what I’m putting in my brain in the forms of books, movies, and series, and behind-the-scenes stories; I’m also an occasional hunter of little bits of trivia about these things.

5. I love costumes. To the point that if I need a distraction, I will think about sewing something, or the costumes I would design for a certain show, etc. I’m a teensy bit obsessed, so there may be a few posts related to costuming…or references in posts, you get the picture. No promises on it being comprehensible.

4. I am a feminist. Which means I’m a woman that likes to be treated like a person. It also means I’ve got a very few strong opinions on chauvinism and the like, and they may color anything written here. Feminist themes will be picked up on in books, and it will only expect this to get worse since I’m taking a class on women in the fall.

3. I speak fandom. There will be many references to the various fandoms, their practices, and tropes. Tropes are like a lingua franca across fandoms, because they apply to everything. What tropes, you ask? TV Tropes. But I’ve never heard of them, you say. That’s all right. You’re going to hear lots about them hear, and you might start hearing about them elsewhere on the internet as the site grows. Being a fan is important to me, and so you may see reviews or posts on fan-related things. And to connect the dots between this point and point five, there’s cosplay!

2. I am old-fashioned. I like pretty words and having a bit of dignity. I like modesty and hats, pale skin, dresses, and chivalry. I may be myself and very proud of my rights, but there are some things that might be nice to see back in practice. If you know (or meet) me in real life, you’ll see this most prevalently in the way I dress: I tend to wear clothing a little on the formal side for the occasion.

1. I am nuts. Okay, this is the important one. At least, as far as others perceive me, because I don’t really think I’m nuts (no one ever does.) But it could seem like it. Non sequiturs are my modus operandi, strange is my middle name, and different is a way of life. If you’d like a comprehensive description, I offer this lovely trope for your learning experience.

And one more little thing: there may be the occasional profanity here on this blog, if that is the sort of thing that offends you.