Chapter 7 Feminist and Racial Perspectives on Law and Legal Order
At the beginning of the chapter it discusses feminism and how it has changed since then and where it stands now, well when the book was published (2007?). It speaks of first how women had very few rights, but to be a wife, or let me rephrase that, but to be a property of your husband. And that is how they were viewed as as could be seen in the first chapter with the domestic violence cases. However, new laws where passed in 1964 with the Civil Rights Act and women finally were getting somewhere.Women now still are not completely treated fairly to men especially black women, which there is an article in this chapter that I will discuss in a little bit There is also previous articles about a black woman's experience in Law School, how she was like invisible and could not be heard. Moreover, the beginning discusses two ways that feminist can try to gain "power": One, they strongly voice their opinion, hoping a point will get across and more people will agree and join to fix it; or two, they keep quite agree with the head honchos already in power to try to wiggle themselves to power then speak freely of what the believe.
It's mentioned in the chapter by Albert Camus the "Power settles everything". So the feminist have to gain the male dominate already existing power.
Adding on, to protect women from discrimination in the workforce there is protection, where organizations like the EEOC, Equal Employment Opportunity Commissions, watch and make sure women are giving as many opportunities in the work field has men. This is brought up in the case EEOC v. Sears, Roebuck & Co.
In this case, the EEOC's statistical charts were showing that Sears were not hiring as many women for commission paying jobs. The court ruled in favor with Sears because they explained their situation that women just were not as interested in commission jobs as men were; "they [were] innocent, by nature or nurture women were choosing to aviod commission sales work" (191).
The next case mentioned in the chapter was International Union , UAW v. Johnson Controls. This was concerning females working in a work field with a lot of lead exposure, since lead exposure can affect fetus. The company did not want females able to bear children woeking in these conditions; however, the court favorite against it for a few reasons. Yes lead exposure can affect the fetus but women who work there might not want children, or not having children now so it is there choose. It is also the choose of the new parents. They are big boys and girls and can decided for themselves. Another reason was nothing was mentions about the males; fathers to be who are exposed to lead can cause effects on the fetus as well. So it seemed to the court to be gender bias and discrimination, so it ruled it out.
The other case was Harris v. Forklift Systems, Inc. where the first ruling said it to be not a "hostile work environment", but then examined more the court was overruled. This was a woman who was harassed by her boss because she was a woman. The first time it was not because it did not cause physiological effects and she could still do her job. But the sexually harassment law, article VII, does not mention physiological harm. So the the work was much harder to complete with such behaviors from the manager, which this overruled and favored Harris, the victim.
As a stated previously of an article on black women. It's by Kimberle Crenshaw and she basically says that black women have the most discrimination. The have the race and then the have the woman title, two double whommes. She says that black women have to questioned everyone "Ain't we Women?". They've been through enough hardship and seemed to prove themselves worthy of being capable to have equal treatment as men and everyone else.
Then the last bit talks about "colorblindness". Where people notices race and gender and everything else but they try to ignore it. It is different then medically colorblind, which people just can't see colors. This is in the article "A Critique of 'Our Constitution is Color-Blind'" by Neil Gotanda.
That about wraps it up with Feminism and Race.

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