Legal Commentary

Why the Election Matters: Employment Law

By TChris

Four women filed suit against computer retailer Dell Inc. in federal court today, alleging a widespread pattern of gender and age discrimination.

The former managers, Mildred Chapman, Angela Hopkins, Julia Mahaffey and Bethany Riches, accuse the company of paying men higher wages for equal work and failing to fairly promote women to higher positions. Dell denied the accusations.

The lawsuit noted that there are no women in the company's highest tier of executives. ... Chapman, 59, also accused the company of disproportionately laying off workers older than 40 after it began cutting 9,000 jobs last year.

The four plaintiffs will ask the court to permit the suit to proceed as a class action. [more ...]

Putting aside the factual dispute, which is best resolved by a jury that hears all the relevant evidence, this lawsuit should remind us that when John McCain and his backers talk about "frivolous lawsuits," they mean lawsuits filed by individuals against businesses -- particularly lawsuits filed by employees. As president, McCain would continue the Republican tradition of resisting full and effective implementation of employment discrimination laws.

Republicans are fiercely opposed to class action litigation, the most efficient way for victims of widespread illegal practices to obtain compensation for their injuries. McCain and his fellow Republicans oppose legislation like the Fair Pay Restoration Act that would repair the damage inflicted upon civil rights laws by conservative judges. McCain would continue the Republican practice of appointing judges who feel a need to protect businesses from juries who may be sympathetic to discrimination victims.

Employment discrimination remains a serious problem, in part because employers have learned that federal courts will usually protect them from a trial. McCain would carry on that tradition. Improving the laws and the courts will require an Obama presidency.

Full post as published by TalkLeft on October 29, 2008 (boomark / email).