The Missouri Supreme Court has handed down an important ruling on reverse discrimination — upholding an award of more than $2 million for a white prosecutor, Melissa Howard, who was denied a judgeship in 2006 because the Kansas City Council wanted a minority in the position.
The decision reverses an opinion by the appeals court that the state human rights act didn’t apply to municipal judges. Specifically, § 213.055 of the MHRA states:
1. It shall be an unlawful employment practice: (1) For an employer, because of the race, color, religion, national
origin, sex, ancestry, age or disability of any individual: (a) To fail or refuse to hire or to discharge any individual, or
otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, national origin, sex, ancestry, age or disability;
(b) To limit, segregate, or classify his employees or his employment applicants in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status and an employee, because of such individual’s race, color, religion, national origin, sex, ancestry, age or disability[.]
The city council members objected when all of the three nominees for the judgeship turned out to be white. Here are some of the statements made by council members:
“There is no diversity whatsoever . . . within the panel of contestants who have been referred to us.”
“I feel as though at this point I’m given . . . a very narrow opportunity for selection because I only have a sampling of one demographic of our city and that is Caucasian females.”
“[T]he fact remains this panel has no diversity whatsoever . . . I move that we reject . . . this panel back to the committee and not make a selection at this time.”
“For me there is an issue of equity related to racial mix, when you have thirteen candidates and you have six of color and none appear on the panel, it’s hard for me to believe that you have six of those candidates of color none of whom would qualify to be in the top three . . . I just don’t believe that is the case.”
“I have a hunch that if this [panel] is returned to the commission that there is a message there.”
“All one need do is look at the numbers, race matters in America, it matters in the State of Missouri and it matters in the city of Kansas City.”
“We need to send this panel back and show that this city, of Kansas City, is fair in its diversity practices” because “this [panel] does not reflect the diversity of Kansas City.”
“When we talk about diversity, do we include gender?”
“If there were three qualified black candidates on this panel, I would not be voting to reject the panel because they . . . did not represent the exact demographics of this city” and “this discussion is absolutely ridiculous . . . we have three qualified candidates here . . . we ought to vote for [one of them].”
“This has nothing to do with your [the panelists’] qualifications . . . I think you are certainly qualified.”
“We continue to talk about divisiveness . . . in terms of race relations . . . but the divisiveness took place when the panel was presented.”
“It ha[s] nothing to do with their credentials; I think all of them are highly qualified.”
“We have been in line for a long time . . . a lot of people have been in line . . . just to be represented.”
“Diversity . . . being an African-American in America it’s a whole lot different than you can ever imagine and so you really can’t say I understand where you are.”
“It’s not about these women. Each of these women have gone to college, earned degrees and made a very good life for themselves and have good reputations.”
“I think it’s a shame . . . [and] it may even be illegal for us to sit here and not have the courage to [s]elect a judge today.”
“These three women have risen up in a field that is male dominated . . . for us to dismiss the diversity they bring to the table is unfortunate . . . so I’m disappointed that we don’t feel you’re [the panel] minority enough – that you’re not diverse enough.”
Howard testified that she was asked why she even bothered to apply when she was not black. She was awarded $633,000 in compensatory damages and $1.5 million in punitive damages.
Here is the opinion.
Source: ABA Journal
67 thoughts on “Missouri Prosecutor Awarded Over $2 Million After Being Denied Judgeship Because She Is White”
Tell it like it is, Tootie. Excellent.
To be fair, the UN convention on Genocide is pretty clear that there are other methods than just flat out killing. It’s just that what she’s calling genocide doesn’t fit ANY of the terms described.
In case you missed it, here are a couple of questions you’ve left unanswered. You’ll remember that I looked up the numbers on the “hordes” of immigrants, you were complaining about and found out that only 11% of the population of the U.S. is foreign born. Then I looked at the census data starting in 1780 and found out that the percentage of the population that identified itself as white has dropped only 5% over the 220 years between the first census and the 2000 census, from 80% to 75%.
How does having a 11% foreign population equate to a “Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part”?
How is a group dropping from 80% to 75% of the population “inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part,” and on what basis do you claim that it’s deliberate?
Please be specific with your answers.
“They wouldn’t be supporting the Democratic Party either because it promotes the invasion that lowers their wages.”
The Republicans controlled Congress and the White House for six years and did nothing about immigration, when they could have easily done so. They didn’t because the corporations that back them want immigration. They talk a good game but do nothing that is not in the interests of the people with money.
“When government jobs get the axe (no more money) blacks are going to be very VERY unhappy people.”
You’ve got to stop listening to your racist friends if you ever really want to see what’s going on in this country. How in hell do you know what Black people as a whole, or even a majority feel. Do you also know how all white people, or a majority feel? How all Latinos feel? How all Christians feel? How all Jews feel?
Making categorical statements about a particular group as what their thoughts and feelings is the work of a bigot. If someone were to say that all low wage people are stupid and deserve being paid poorly, as have many conservative politicians, how would you feel? Why do you play the same game?
“Democrats realize that the more Hispanic invaders they let into country (suited to bribe with welfare handouts) the greater the prospects of Democratic political power ten to twenty years down the road.”
In states like California, Arizona and Texas, Mexicans were brought in to tend the crops at low wages. California used to be a very Republican/Conservative State and the people with corporate political power ensured that the Republicans ignored what they were doing. Texas and Arizona did the same and they too were conservative states. In Florida there is a large Cuban population which both Republicans and Democrats welcomed in after Castro’s revolution. They are a powerful political force and for the most part are very conservative, like Marco Rubio, the newly elected Senator. Tootie, you clearly don’t know the real immigration story and white supremacists won’t give it to you.
“It is interesting to note here that the UN, in order to get Stalin to agree to the International Law against genocide”
Russia and China were and are permanent members of the UN security council. The goal of setting up the UN was with the idea of preventing further World Wars. It had bi-partisan support in the US. You still though haven’t addressed the point I made to you in other posts which is that what you claim to be “genocide” against white people in this country is not, nor never has been genocide. Again the Latin root “cide”
means killing/murder. This government, or any future government is not and will not be murdering white people. The only people really who have been murdered to any degree are the Native Americans, Blacks and Latino’s. The bigots you read use the term “genocide” because in addition to trying to fool people like you that they are on your side, it is in their mind a joke against Jews who the also hate.
“And the low wage people you claim to worry about? That’s ME.”
Being orphaned at 18 and having to support myself I’ve worked at a number of low wage jobs. I know what it’s like to work very hard and get paid very little. Your misconception though is in who is screwing you over. Think!
“If I were a supremacist, which I am not,”
When one needs to deny what they are not, it usually means they are.
If blacks were really worried about the impact of invasion, they wouldn’t be supporting Obama. They wouldn’t be supporting the Democratic Party either because it promotes the invasion that lowers their wages. I suppose they think Obama will give them a fancy job working for the Federal government. But watch out. When government jobs get the axe (no more money) blacks are going to be very VERY unhappy people.
Democrats realize that the more Hispanic invaders they let into country (suited to bribe with welfare handouts) the greater the prospects of Democratic political power ten to twenty years down the road. Between these filthy leftists and the criminal corps which lobby for cheap labor, it really stinks.
It is interesting to note here that the UN, in order to get Stalin to agree to the International Law against genocide, had to take OUT the political destruction of a race, ethnic group, religion, or nation. In other words Stalin got the UN to agree that you could destroy a race of people (whole or in part) through politics (but not through murder, etc.)
Oh how big of them!
I find it really amazing that Obama and the Democrats, through our immigration policy, (they could stop it right now if they wanted to) are doing exactly what STALIN said a government should be able to do through politics: eliminate a race (whole or in part) from a territory.
And the low wage people you claim to worry about? That’s ME.
I don’t support the Wall Street Journal or the US Chamber of Commerce. And I hope you don’t think I do. And I’m not a Rep or a Dem either. But only the Republican party has offered any resistance to the immigration status quo and that is quite tepid mainly because of Democrat’s accusations of RACISM.
Bill Gates is swine.
“I would mention blacks if I thought they opposed the brown-supremacist invasion. But it appears they welcome it.”
There is so little you say that you can back up with any research except for that done by the people you already agree with. Your statement above is simply not true. In fact opne of the things that changed my thoughts on immigration was a discussion by distinguished black writers like Paul Robeson, Jr. and Playthel Benjamin. Their radical analysis is that every time black people start to make economic gains in this country immigration is opened up. Encouraging immigration itself has been done by rich white people to assure low wages. Microsoft, for instance has been bringing computer programmers in from India, specifically because the will work forhalf the salary and thus replace american programmers.
What distresses me most about you is that you raise ignorance to a higher level. This is not because you are stupid and in fact I suspect you have good intelligence. It’s also not because you haven’t a higher educational degree, because I’ve previously written that I don’t believe they are a true indicator of intelligence. You write ignorantly because you do not have an open mind and thus your ability to learn through questioning your own premises is non-existent.
RE: rafflaw, January 26, 2011 at 11:49 pm
nice try. sometimes it doesn’t pay to be nice.
Methinks, the very first time I am “nice” my life will become “no dice.”
Being “nice” is a dastardly social device.
Nice people sent the Cherokee on the Trail of Tears.
Nice people built and ran The Tuskeege Project.
Nice people showed the way to the Auschwitz showers.
Nice people believe money is a measure of value.
Nice people regard autism as a brain defect or disease.
Nice people vaporized much of the population of Nagasaki.
Nice people believe in blame, guilt, and punishment.
Nice people believe in competition.
Nice people blast epithets at other people on this Blawg.
Nice people, as a group is a “we” that excludes me.
I am not a nice people, I am not a people, I am not a nice person.
I make an unrelenting effort to be truthful.
I make an unrelenting effort to be honest.
I make an unrelenting effort to learn what abuses children.
I make an unrelenting effort to learn what causes hatred.
I make an unrelenting effort to understand how to end hatred.
I am not a nice person.
I make an unrelenting effort to respect all people, regardless of their circumstances.
I make an unrelenting effort to be kind and decent.
In every way in which I am kind and decent, I am absolutely not nice.
Can there ever be greater evil than found in being nice?
Is nice the ultimate vice or vise?
Is being nice humanity’s ultimate trice?
Comments are closed.