Friday, June 05, 2009

Sotomayor on Good Discrimination vs. Invidious Discrimination   [Ed Whelan]

Judge Sotomayor’s response to the Senate questionnaire (question 11.a) reveals that she belongs to the Belizean Grove, “a private organization of female professionals.”  From this Politico article, it’s clear that the Belizean Grove is an exclusive and elite group that provides networking opportunities that many men would be eager to avail themselves of.  Sotomayor concedes, in her response to question 11.b, that the Belizean Grove discriminates on the basis of sex, but she maintains that its discrimination isn’t invidious.

Perhaps Sotomayor can try explaining that to the men who can’t take part in the Belizean Grove and who don’t have comparable opportunities—and who would be accused of invidious discrimination if they were able to join an all-male group that provided comparable opportunities. 

Of course, Sotomayor first ought to explain to the New Haven firefighters who were denied promotions on the basis of their race why that denial wasn’t invidious discrimination.

06/05 10:17 AMShare