The “Lactating Male” Case Isn’t Quite So Simple as That

You’ve probably heard about the Supreme Court’s decision to deny certiorari in Ames v. Nationwide Mutual Insurance Company, in which a lower court had denied a woman’s pregnancy discrimination claim for alleged failure to provide reasonable accommodations for lactation, followed by constructive termination. The aspect of the case that has been making its way around the web is the trial court’s statement that the case was not an example of sex discrimination, because (to paraphrase), men can lactate, too. While I find fault with the decisions of the trial court, the Eighth Circuit Court of Appeals, and the Supreme Court in this case, the “men can lactate too” statement is not a particularly critical part of the analysis—although it is an attention-grabbing one.

milk typography by johnnyhuynen [CC BY-ND 3.0 (http://creativecommons.org/licenses/by-nd/3.0/)], via DeviantArt

I actually started this post all full of piss and vinegar over a crappy legal decision based on a ridiculous premise, but as I read more about it I realized that the real legal basis for the trial and appellate courts’ decisions, and probably the Supreme Court’s rejection of the case, is not as ridiculous as the “male lactation” bit. The case has far more to do with what employees must do to trigger and employer’s legal responsibility to provide “reasonable accommodations” for pregnant employees, or employees who have recently given birth. Continue reading

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What I’m Reading, February 4, 2015

Marshawn Lynch and Richard Sherman Are Black Heroes, Jaleesa Jones, Huffington Post, January 30, 2015

The systematic iteration of the word “thug” in reference to black bodies is problematic because it perpetuates white supremacist ideologies about black people, namely that we are pathological, violent and lawless.

I’ve grown particularly weary of the phrase recently as the media have lampooned Seattle Seahawks cornerback Richard Sherman and running back Marshawn Lynch with it.

The duo presents an interesting case study as both have been labelled “thugs” for polar reasons.

Sherman has been criticized for his “arrogance,” from his assertion that he’s “the best corner in the game” to his refusal to entertain inane questions. Conversely, Lynch has been attacked for his ostensible unwillingness to speak to the press. Of note, media have tended to practice selective attention — effectively ignoring friends’ speculation that Lynch has a fear of public speaking and is wary of sharing his intimate thoughts and disadvantaged past with strangers — and write Lynch off as stony and impersonal, even inhospitable.

Death of a Boogeyman: Why We Must Dispel the Black Fatherhood Myth, Goldie Taylor, Blue Nation Review, January 30, 2015 Continue reading

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When Liberty Met Bacteria (UPDATED)

Freedom doth not reign supreme in the restrooms of food service establishments all over these great United States, at least according to one Republican senator (h/t Bob):

A freshman GOP senator argued this week that the government should not require food workers to wash their hands after using the toilet, saying “the market will take care of that.”

Sen. Thom Tillis (R-N.C.) called routine hygiene rules an example of government overreach at an event hosted by the Bipartisan Policy Center on Monday.

“I don’t have any problem with Starbucks if they choose to opt out of this policy as long as they post a sign that says, ‘We don’t require our employees to wash their hands after leaving the restroom,’ ” Tillis said to audience laughter in a clip captured by C-SPAN.

“That’s probably one where every business that did that would go out of business,” he conceded, “but I think it’s good to illustrate the point, that that’s the kind of mentality we need to have to reduce the regulatory burden on this country.”

Three observations about this:

1. He might have just been kidding, in which case my only definitive beef with him is that his sense of humor is terrible.

2. In a truly laissez-faire free market, he’s probably right that the market will take care of businesses with poor sanitation, because no one would want to eat at an establishment whose customers keep getting sick. Please note, however, that this requires people to get sick before market forces kick in, and it assumes that consumers have access to accurate information about restaurant cleanliness. That leads me to my third point. Continue reading

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Stop! Grammar Time! Flapjacks vs. Pancakes

I’m sitting in a hotel in Shreveport, Louisiana (long story as to why) at the moment, and I noticed that the room service menu uses a term I haven’t seen in quite some time:

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“Flapjacks.”

Where I’m from, we call them pancakes. Just about everywhere I’ve ever been, and everywhere everyone I’ve ever known is from or has been, they are known as pancakes. Is there actually a difference between a flapjack and a pancake? Continue reading

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What I’m Reading, February 3, 2015

“I am No Man” Doesn’t Cut It: The Story of Eowyn, Mariah Huehner, The Mary Sue, January 27, 2015

It says something to me that a WWI vet from a devout Catholic background wrote about a warrior woman in a book published in 1954 that was more feminist than her modern interpretation ended up being.

I know what you’re thinking. “But Eowyn kicked ass! She swung a sword and she fought the Lord of the Nazgûl! She said “I am no man!”

Yeah, I know. And look, I’d really like to tell you that that’s enough for me. But it isn’t.

***

I guess what bugs me most is that they took a legitimately “strong” female character, and by that I mean a complex, flawed, brave, and ultimately a triumphant warrior woman who has her own major arc…and reduced her down to something less than that. To me, strength in a character is about more than their ability to hit or kill things, and while Eowyn’s big moment is certainly defeating The Lord of the Nazgûl, it’s her defiance in the face of insurmountable odds that truly makes her “strong”. I wish the film version had honored that more.

Because that would have been honoring the proto-feminist character Tolkien created.

10 reasons Christian heaven would actually be hell, Valerie Tarico, Salon, February 1, 2015 Continue reading

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What I’m Reading, February 2, 2015

Why I Am Not a Maker, Debbie Chachra, The Atlantic, January 23, 2015

Every once in a while, I am asked what I “make.” A hack day might require it, or a conference might ask me to describe “what I make” so it can go on my name tag.

I’m always uncomfortable with it. I’m uncomfortable with any culture that encourages you take on an entire identity, rather than to express a facet of your own identity (“maker,” rather than “someone who makes things”). But I have much deeper concerns.

An identity built around making things—of being “a maker”—pervades technology culture. There’s a widespread idea that “People who make things are simply different [read: better] than those who don’t.”

Genetic Testing and Tribal Identity, Rose Eveleth, The Atlantic, January 26, 2015 Continue reading

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Porn and Prejudice: That’s Not a Member of Congress

An article entitled “Ranking the 20 Hottest US Congress Women” seems problematic enough, but this was the thumbnail image for the sponsored link at Raw Story:

Screen Shot 2015-01-30 at 8.30.35 AM

It’s kind of hard to tell how tongue-in-cheek the article intends to be. Here is their entry for Nancy Pelosi, who ranks fourth on the list: Continue reading

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Confessions of a Digital Hoarder

I am something of a virtual hoarder (or digital hoarder, either will do). By this, I mean that I am constantly bookmarking things I read online, saving funny memes and other pictures into vast directories, accumulating animated GIFs that I may never look at again because I think they might be useful in a Facebook thread some day, and so on. I’ve mentioned before that I have amassed a sizable collection of unpublished blog post drafts, some half-written, some entirely unwritten, and some that are nothing more than a title and a note to write something with that title.

By TheDoctorMo (Own work) [CC BY-SA 3.0 (http://creativecommons.org/licenses/by-sa/3.0) or GFDL (http://www.gnu.org/copyleft/fdl.html)], via Wikimedia Commons

Not pictured: My blog dashboard. This is a metaphor.

Among those drafts are several accumulations of links to major news stories of the past couple years, which I accumulated through hours upon hours of reading time-wasting on the internet. I have no reasonable expectation that I will ever take those giant lists of URLs and spin them into written gold, but I want to do something with them. I proclaim this to be blog-cleaning season! Continue reading

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What I’m Reading, January 30, 2015

Enough Is Never Enough with Blaming Anti-Vaxxers, Science Babe, January 24, 2015

Let’s get one thing straight; if a blogger with zero medical credentials tries to claim that they have more accurate science than the vast majority of the scientific and medical establishment, they are, on every level, wrong. I promise you, somebody who got their degree at Google University and has a waiver on their website that says “my advice isn’t designed to treat anything” has nothing to lose by giving you terrible advice. A real doctor’s advice doesn’t come with an asterisk. They will give you advice that’s grounded in real science.

Friend in Need: The tragedy of my friend’s life and death is that he lived in a society that left him to deal with it alone, Saul Elbein, Texas Observer, January 21, 2015 Continue reading

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This Week in WTF, January 30, 2015

I have gotten very far behind on this particular blog series, so here is a quick roundup of what I meant to post over the past few months (part 1 of 3).

– Pumpkin Spice?: I really can’t add anything to this story:

Citing a satirical news report – which he appeared to take seriously – [Pastor James David Manning, of the ATLAH World Missionary Church in Harlem,] said: “Starbucks is a place where these types frequent and a lot of body fluids are exchanged there.

“The thing that I was not aware of is that… what Starbucks was doing, is they were taking specimens of male semen, and they were putting it in the blends of their lattes.

“It’s the absolute truth. They’re using male semen, and putting it into the blends of coffees that they sell.

“My suspicion is that they’re getting their semen from sodomites. Semen flavours up the coffee, and makes you thinks you’re having a good time.”

By Takeaway (Own work) [CC BY-SA 3.0 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia Commons

“Hmmm, do I detect a hint of……Jeff……in this latte?”

– Bling Your Baby: Have you been thinking that you wish your baby was a bit more crunk, but you’re (a) white, and (b) an idiot who doesn’t know what “crunk” means? Then you should try this gold grill pacifier: Continue reading

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