I’m in the business of defending employers who are accused of discriminating on some illegal basis, such as the claimant’s sex.
I’m imagining an employer asking me to assess the following situation: (a) the claimant has been disciplined for particular conduct that the employer says violates a rule (reading a letter containing negative comments about a colleague); (b) male employees previously and recently also made negative remarks about colleagues but were not disciplined; and (c) other male employees subsequently engaged in the very same conduct as the claimant (reading the same letter) but were not disciplined. I would tell my client that any reasonable judge or jury would conclude that this is unlawful sex discrimination, and that the client should settle the case as quickly as possible.
I hope that Senate Republicans, and in particular my own two senators, Sen. McCain and Sen. Flake, have some legitimate explanation for their differential treatment of Sen. Warren. But without such an explanation, it’s simple old-fashioned sex discrimination.
Written by Don Johnsen, Phoenix