Christian Narine September 4th, 2020
BUS311 1900 Professor Brielle Buckler
Unit 1 – Equal Opportunity and the Law
My reflections on the Equal Right Legislation and the story of Supreme Court Justice Ruth Bader Ginsburg’s work to eliminate discrimination in the film On the Basis of Sex.
From our Lecture and the Movie on The Basis of Sex, it was a grim reminder of how fragile our past progress was attained, maintained through the years and a cautious forward look at how these challenges directly relates today and how easily the majority of our progress can be erased.
The Civil Rights act of 1964 and Legislation through 1991, specifically 1972 Amendment Equal Employment Opportunity Act, Title VII, states that an employer cannot discriminate based on race, color, religion, sex or national origin. Applies to public or private employers with > 15 employees. Also covers all private and public educational institutions, like BMCC, and state and local governments. The lecture references a short video describing the historical context of the time, showing Harlem, Bed Stuy., Newark up in flames. Fast-forward approx. 50yrs & substitute those city’s names, it applies right now; Pockets of mass protest & rioting. Groups of people feeling oppressed or unfairly treated going out to demand equality & protective legislation.
Legislation not only benefits the oppressed, here are a few defenses that employers can use against discrimination allegations. They typically fall into two broad categories-
- Disparate Treatment – this is intentional discrimination. It is very clearly choosing to hire or not hire someone because they belong to a specific group.
- Disparate Impact – a practice or policy having a greater adverse impact on the members of protected groups under the Title VII classification of the civil rights act of 1964, these protected groups are race, color, sex or national origin.
The Equal Pay act of 1963 state that it is unlawful to discriminate in pay on the basis of sex when jobs involve equal work, require equivalent skills, effort and responsibility and performed under similar working conditions. This is still an issue for women today in the US, compared to what men make in equivalent positions. Gender equality Work was led and pioneered by Ruth Bader Ginsburg-Brooklyn Native, activist, Supreme court Justice 1993 to present.
Ruth B. Ginsburg in the 1970s, argued several cases that challenged gender discrimination. The Movie on the basis of Sex, Ruth Bader Ginsburg describes her story, beginning her career at Harvard Law School in 1956, where on her first day, her bright blue dress shone bright among the sea of dark brown & grey men’s suits, being 1 of only 9 women admitted. There was a poignant moment where Ruth Ginsburg recalls the dean asking the female students, “How do you justify taking a spot from a qualified man?” This was very important distinction to make, how young women were regarded at time and the behavior of young men, having no compunction at all to change their view of young women attending the same college to observe them as equals.
In 1970 Ruth Bader Ginsburg moved her family to New York, her husband Marty was starting a new job at a prestigious Law Firm. Marty at the time was progressive. Marty was represented as sharing in the rearing of their children, he cooked dinner, fed their children and provided emotional support to his wife and kids. While in New York Ruth Bader Ginsburg, a woman, wife & mother [this was the trifecta in man’s eye that her place should be at home], was unsuccessful in her efforts interviewing for a job at several Law Firms. However, she received an opportunity to accept a position as a law professor at Rutgers University, teaching young women and men growing up in a climate where they should no longer take their rights for granted. It’s here we learn of the inspiration & principle of Ruth Bader Ginsburg; “If the Law differentiates on the basis of sex; Men and women will ever become equal?”. The Supreme Court says, “They won’t”. It was therefore legal; the law allows it to differentiate on the basis of sex. Ruth Ginsburg states the “Law is wrong”. “It conflicts with the 14th Amendment – equal under the Law”. She described her formula for change simply; change minds first, then change the law. Ruth Bader Ginsburg stated “ .. protect the right of the country to change.”
Even now, those words can be applied to our country today.
Work Cited
The RBG Movie, On the Basis of Sex – 2018
