Nondiscrimination Law and the Equality Act
Advisory Opinions
The Dispatch
4.7 • 4K Ratings
🗓️ 4 March 2021
⏱️ 77 minutes
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| 0:00.0 | You ready? |
| 0:02.0 | I was born ready. |
| 0:04.0 | Welcome to the advisory opinions podcast. This is David French with Sarah Isger. |
| 0:25.0 | And we've got some really non-controversial boring topics today, Sarah. |
| 0:32.0 | Maybe not. |
| 0:34.0 | Yeah. So we're going to dive into a number of readers have, or listeners, I'm sorry, have, have written into us and asked us to talk about the quality act. |
| 0:44.0 | So we're going to talk about the quality act. I've written about it on my newsletter at the French press that you can find at the dispatch.com. |
| 0:51.0 | So we're going to talk about the quality act. |
| 0:53.0 | And we're also going to talk about the Voting Rights Act. |
| 0:56.0 | So there's nothing like an anti-discrimination law and voting rights to really get the public square energized, Sarah. |
| 1:06.0 | So that is what we're going to talk about today. Two big topics. |
| 1:11.0 | So as you say, let's dive right in. |
| 1:16.0 | And let me begin on the non-discrimination context by I'm going to make very briefly my case against aspects of the equality act. |
| 1:32.0 | And I'd love to hear your reaction to it because we've actually not talked about this. |
| 1:38.0 | We have not, Sarah and I have not talked about the equality act. So I, I'm, this is, this is going to be fun because we're going to be coming and fresh to it. |
| 1:46.0 | All right. So here, if, if I had to lay out my fundamental concern with the quality act, it would center around its breadth. |
| 1:58.0 | And, and by its breadth, here's what I mean. There is a concept in non-discrimination law, a word in non-discrimination law in my, in my, in my, in my piece, my French press piece that I honed in on. |
| 2:12.0 | And that word is in videos. |
| 2:14.0 | As a general matter, the intent of non-discrimination law isn't to eliminate all forms of discrimination on the basis of a protected characteristic, but to eliminate in videos discrimination. |
| 2:29.0 | And in videos discrimination has, it's a, it's a legal term of art that means an in videos generally means a classification that is arbitrary, irrational, and not reasonably related to a legitimate purpose. |
| 2:43.0 | So what does this mean in practice? So let's, let's look at, for example, sex discrimination. |
| 2:49.0 | Hostile environment sexual harassment. We talked about hostile environment harassment in a previous advisory opinions podcast. That is an example of an videos discrimination when an employer refuses to hire a female workers because they, |
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