Yes, discrimination is illegal. What I find is things like harassment and quid pro quo discrimination. Thus many females only keep their jobs and get promoted if they provide various services to supervisors or only if they are able to put up with a fairly hostile work environment. Thus I would argue that discrimination still exists but it is more sophisticated and holding the “bad guys” responsible is more difficult.

For details, I must switch to my present job as an attorney and say, “littigation is ongoing and we are waiting for the federal EOC report before filing our lawsuit.” In other words, I am presently involved in trying to hold the bad guys responsible.

My assertion is that the wage gap becomes small enough to be accounted simply by statistical uncertainty, once behaviors are factored in.

Mahalo again for the comments!

Thanks for the comment. I found a good article at http://www.ifeminists.net/introduction/editorials/2005/0112roberts.html entitled “Unequal Pay for Equal Work?” which says the same thing you said and more.

I do not quite think, however, that the wage gap disappears, but notice that I used the word “traditionally” which counts as a hedge. I know my grandmother and mother suffered such unequal policies.

The Problem with the Akaka Bill is Akaka

On May 4, 2006 the U.S. Commission on Civil Rights recommended that Congress reject the Akaka Bill possibly striking a fatal blow to the bill. Perhaps the pros and cons of the legislation are not the primary issue. Perhaps the main problem with the Akaka Bill is Senator Akaka. Perhaps many of the problems in our country stem from less than competent politicians.

The April 24, 2006 Time magazine article summed up this problem—Senator Akaka is good at being “affectionate,” “mastering the minor resolution,” and “sponsoring bills that die in committee.” Actually accomplishing something like the Akaka Bill might be beyond his abilities.

The “loveable” senator’s accomplishments are actually worse than how he is portrayed in the Time magazine article which gives him credit for the 1993 apology resolution. In 1993 Senator Akaka seemingly led the Senate Joint Resolution 19 that secured an apology from the United States for invading Hawaii in 1893. This apology, however, had no remedy other than the admission, “Sorry Hawaiians, the US is sorry for overthrowing your kingdom, really, really sorry.”

This is like going into court with an attorney to whom you have paid a large sum of money and getting the judge or jury to say the defendant was bad. You ask your expensive attorney, “When will the bad person have to pay me?” The lawyer responds, “Probably never, but if you continue to pay me for the next 13 or 19 years, you might get something.” A verdict of liability without any remedy is rarely considered a victory by anyone who makes their living practicing law—many would consider such performance malpractice.

The present Akaka Bill is an effort to ask for what he failed to ask for in 1993. This failure is seen in Senator Akaka’s performance on the floor of the Senate. Other than some brief introductory remarks, he sat while Senator Inouye spoke for him. When Mr. Gorton challenged the intent of the resolution, Mr. Inouye gave away any possibility of a remedy:

“As I tried to convince my colleagues, this is a simple resolution of apology, to recognize the facts as they were 100 years ago. As to the matter of the status of Native Hawaiians, as my colleague from Washington knows, from the time of statehood we have been in this debate. Are Native Hawaiians Native Americans? This resolution has nothing to do with that. This resolution does not touch upon the Hawaiian homelands. I can assure my colleague of that. It is a simple apology.”
If the people of Hawaii only expect ceremonial results like the naming of post offices, then this wish is fulfilled in Senator Akaka. If the people of Hawaii actually want significant representation in the Senate, they need to find someone else. Other states should take a serious look at their politicians as well.
Mark Beatty, MA, THM, PHD, MBA, JD practices law in Hawaii (www.tbadk.com). His other articles can be found at http://www.bestideashawaii.com. Mark is also the Republican Candidate for US Senate against Dan Akaka (see http://www.electmarkbeatty.com).

http://www.ncpa.org/pub/ba/ba392/

Inequality Disappoints All

There is much unfairness in society because some have privileges based on their race, gender, or other special status. The Senate was correct to stall the Akaka bill on June 7 because the bill would have increased this unfairness to the harm of all.

Traditionally men, just because they are men, receive higher wages than women. They might feel great about their gender until they get to family court where women win 85% of the time because, as one judge put it, women are more “motherly” than men. Females might feel great about winning a custody case until they find themselves as one of the approximately 30% of single parent mothers in poverty—only about 8% of single parent fathers are in poverty.

The 7th amendment rights should guarantee our court systems are just and fair. Randy Roth’s new book Broken Trust shows how the rich and powerful can enrich themselves through breaking their fiduciary duty and having little or no legal accountability. What is more alarming is that the court sealed the records of the Bishop Estate proceedings, thus covering up evidence that perhaps proved that the highest justices in Hawaii were eating out of the Bishop Estate cookie jar–kind of shakes up your trust in the court system.

My Hispanic children, as well as the children of Vietnamese, Korean, Chinese, Japanese, Filipino, and my other diverse ethnic friends, cannot attend a school up the street from us. Ethnic Hawaiians have an advantage over all of us just because of their racial background. Some might feel good about this privileged status but often there are more downsides than benefits.

One downside is that the privileged in a dysfunctional society are often worse off than everyone in a society that promotes fairness and equal opportunities to all. The Akaka bill seeks to set up a new governmental entity to help one racial group in a place where the present governmental agencies cannot even provide basic services like roads, sewers or education. More inefficient government does not help anyone.

Another downside is alienating others. Last time I checked, the friendships of those of a different gender (like my grandmother, mom, wife, and daughters) and those of different ethnic groups (like many diverse friends) are much more valuable to me than any privileged status I might have over them. A question we should all ask ourselves is whether any highly prized privileges we might have are worth the harm caused to others in violating their constitutional rights.

For these reasons legislation like the Akaka Bill should never be passed.

Mark Beatty MA, THM, PHD, MBA, JD is the Republican candidate for the US Senate seat now held by Dan Akaka. See http://www.electmarkbeatty.com for more information. For Mark’s other articles see http://www.bestideashawaii.com.