Misrepresentatiion #1:
A lot of sources state that McCain “voted against” the law. In fact, McCain did not attend the vote at the senate. [1]
But don’t take my word for it. Ann from Feministing corrected her post. [2]. But not her youtube video. [3]
The proper way to respond to a mistake is to admit to it. Video descriptions are editable and a correction on behalf of the author testifies to intellectual credibility. [4]
Misrepresentation #2
The Ledbetter pay act would have guaranteed employers the right to sue for discrimination:
This falsehood is propagated by Ann at 0.48 in her video on the subject [3]. In fact there are many other remits under the law that can be used to address grievances like this such as Title VII and the Equal pay act [5].
Misrepresentation #3
This is an opposition of the equal payment for women:
To quote the Feministing website:
“And not holding businesses accountable for wage discrimination is the same thing as endorsing it.”
This is simplistic thinking. It’s a false dichotomy in the first place. Businesses can still be held accountable by the relevant investigative agency when a claim is filed. The Ledbetter law relates to an employee’s pay discrimination claims and increasing the time period where a claim can be filed this is not groundbreaking legislation by any objective means and it is dishonest to colour people who are concerned for the state of the law or increase in the litigiousness of society as being anti woman or anti fair pay.
Misrepresentation #4
Lilly Ledbetter was paid less because she was a woman, and she never received recompense from her case.
To quote the Supreme court of the united states document on Ledbetter v. Goodyear tire and rubber corporation:
“During most of the time that petitioner Ledbetter was employed by respondent Goodyear, salaried employees at the plant where she worked were given or denied raises based on performance evaluations.”
...
“There, Ledbetter alleged that several supervisors had in the past given her poor evaluations because of her sex;”
...
“Goodyear maintained that the evaluations had been non-discriminatory, but the jury found for Ledbetter, awarding back pay and damages.”
The question was on the status of her performance evaluations. The jury rules for Ledbetter and awarded back pay and damages. Ledbetter appealed anyway and this is when her claim was barred due to time constraints.
Misrepresentation #5
This law was solely about increasing the window in which claims could be made.
The law also had clauses to allow “someone other than the employee” to bring a claim. This may be a beauorcratic organisation. Leading open a huge legal hole which politically motivated groups and parties to insert themselves into a situation.
The decision on the bill is completely inline with partisan politics. With the political left aiming to increase the reign and affect that government can have on private businesses and with the political right acting to minimise the government intrusion.
I have included sources because I believe that issues such as this deserve the in-depth treatment it has certainly not received in the popular press.
In light of Feministing’s treatment of this topic I have to stand by my previous statements that Feministing as an organisation is intellectually vacuous, given to cheap and simplistic gender demagoguery and propagating hatred and false information in line with a radical feminist, sexist agenda.
Sources
[1] McCain Opposes Equal Pay Law – Washington post
http://blog.washingtonpost.com/the-trail/2008/04/24/by_juliet_eilperin_washington.html
[2] John McCain supports wage discrimination - Feministing
http://www.feministing.com/archives/009085.html
[3] Friday Feminist Fuck You: John McCain - Feministing
http://www.youtube.com/watch?v=2qjaXk-qCVw
[4] The problems with feminism, ArgusEyes
http://www.youtube.com/watch?v=68l4XUeJYo0
[5] Nothing Fair About the “Fair Pay Act” - Hans Bader
http://www.openmarket.org/2008/04/29/nothing-fair-about-the-fair-pay-act/
[6] LEDBETTER v. GOODYEAR TIRE & RUBBER CO., INC.-SUPREME COURT OF THE UNITED STATES
http://www.scotusblog.com/movabletype/archives/05-1074_All.pdf
[7] Post Editorial for Changing Lawsuit Deadline Based on Factual Misunderstanding - Hans Bader http://www.openmarket.org/2008/04/23/post-editorial-for-changing-lawsuit-deadline-based-on-factual-misunderstanding/