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- Path: sparky!uunet!gatech!news.ans.net!cmcl2!rnd!smezias
- From: smezias@rnd.GBA.NYU.EDU (Stephen J. Mezias)
- Newsgroups: talk.abortion
- Subject: Re: Equal protection dead end? 3.
- Message-ID: <34556@rnd.GBA.NYU.EDU>
- Date: 22 Dec 92 19:16:00 GMT
- References: <1992Dec21.000435.21114@rotag.mi.org> <34472@rnd.GBA.NYU.EDU> <1992Dec22.164717.26839@rotag.mi.org>
- Organization: NYU Stern School of Business
- Lines: 70
-
- In article <1992Dec22.164717.26839@rotag.mi.org> kevin@rotag.mi.org
- (Kevin Darcy) writes:
-
- >>You claimed that equal pay for identical pay claims presumed
- >>discrimination.
- >
- >I don't recognize that gibberish. It's certainly not anything _I_ claimed.
-
- You most certainly did. I am not going to go and find it because you
- are a well-known net liar. I am busy, somewhat lazy, and will stand
- on my net reputation plus people's own recollections of what they
- read.
-
- >It was about discrimination, Stephen. You should have read it more
- >closely.
-
- A quote about discrimination is not the same as a quote about equal
- pay for identical work.
-
- >>You are making an ass of yourself, Kevin.
- >
- >And you're starting to sound really shrill, Stephen.
-
- You are making an ass of yourself: (1) You claimed that equal pay for
- identical work presumed intent. (2) You post a case addressing a
- different form of discrimination where intent is required in an
- attempt to refute my claim that no proof of intent is required in
- equal pay for identical work cases. (3) You deny you said (1).
-
- >>Equal pay for identical
- >>work cases do not require showing discriminatory intent.
- >
- >Perhaps not, due probably to conscious efforts to write the laws in such a
- >way as to relieve the claimants' burden of proof, but most discrimination
- >claims DO require a showing of discriminatory intent.
-
- Now you finally seem to get it. That was exacly my point. The
- construction of claimants' burden of proof is entirely arbitrary.
- This type of claim about our legal system is at the core of critical
- legal theory. If burdens of proof are arbitrarily constructed and
- effect is sometimes sufficient, then my claim of misogyny stands on
- those merits. If you reject the proof of effect, then feel free to
- reject the claim. I have never said anything different.
-
- >Since you are the one
- >attempting to generalize from "equal pay for equal work" to other forms of
- >discrimination, the burden is on you to show that the generalization is
- >valid, i.e. that the intent-neutrality of "equal pay for equal work" is
- >the rule, rather than the exception.
-
- I brought up equal pay for identical work in the context of countering
- your claim that intent was always required in discrimination cases.
- You were wrong. Why not admit and move on?
-
- >I have given counter-examples where
- >discrimination claims DO require a showing of intent. I have put the ball
- >back in your court. Now it's up to you to go the distance with your claim.
-
- I have made my claim quite clearly from the start. I find
- discriminatory effect to be a compelling enough proof to warrant
- a presumption of improper discrimination. I have labelled this
- improper discrimination misogyny. Feel free to reject the claim that
- effect is proof enough to draw my conclusion. But you can no more
- `prove' that it is not then I can claim to `prove' that it is. I
- guess people will just have to read our arguments and draw their own
- conclusions.
-
- SJM
-
-
-