• 3 months ago
At a House Oversight Committee hearing last week, Rep. Jamie Raskin (D-MD) spoke about discrimination in work.


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Transcript
00:00Thank you, Mr. Chairman.
00:04Back to you, Ms. Wiley.
00:06Title VII has been a great American success story and the model for civil rights law and
00:13jurisprudence all over the world, and the vast majority of Americans support Title VII,
00:19which really embodies the promise of civil rights and people being treated as individuals
00:25so that they can actually succeed upon their own merits.
00:28And yet, Title VII has been opposed from the very beginning, has it not?
00:32And it's been resisted at every turn.
00:35I think that the ideological forebears of Mr. Rikita and Mr. Berry and Ms. Stepman,
00:40like Robert Bork, were arguing against the Civil Rights Act of 1964, saying that it was
00:46a violation of freedom of association.
00:48And I remember Anita Bryant and other anti-feminist activists arguing that women were not looking
00:58for equality and equal rights.
01:00Women were looking for a separate place, and there's a special place under religious and
01:05cultural heritage.
01:06So I just wonder if you would say a word about how this current attack on the Civil Rights
01:12Act and Title VII fits in with that history.
01:16Yes, Congressman.
01:19There is an unbroken ideological line.
01:23In fact, this committee hearing, I think, was noticed the day after Juneteenth, when
01:29we recognized the last state in Galveston, Texas, where black people were informed they
01:35were free after the Civil War.
01:38And the Civil War amendments themselves, the 14th Amendment, which is the underpinning
01:41of Title VII, explicitly, and after the Civil War, rejected colorblindness, in fact, in
01:49the forming of the amendment.
01:51Because it was understood that after slavery, there had to be the ability to actually create
01:57more opportunities for people who are black, and in fact, the laws passed, like the Freedmen's
02:02Bureau, were specific about finding ways to focus on creating more opportunity.
02:10When we got to the Civil Rights Act of 1964, again, the longest filibuster in the history
02:17of the country, 60 full days before, fortunately, 73 senators, bipartisan, passed the Civil
02:25Rights Act, which includes Title VII, as well as Title VI, as well as Title II.
02:33But we never saw one day end in the argument that said it was somehow going to be unfair
02:41to white people if we were paying attention to race, racial discrimination.
02:49And frankly, it's just never been true that we haven't paid attention to racial discrimination
02:54for all people.
02:56And anybody who is white can file an EEO complaint, charge right now, if they're being discriminated
03:04against based on their race, and the EEOC will investigate it.
03:08So the whole fact that we're talking about Title VII as if there is a refusal to pay
03:15attention to discrimination, or the whole fact that we're suggesting that if black people
03:21or Latinos or Native Americans are getting jobs, they must not be qualified for them,
03:28that in and of itself speaks to the same arguments we heard in opposition, whether it was post-Civil
03:35War or post-1964 or now 2024.
03:40And Mr. Berry was engaged in a colloquy with Representative Gosar about colorblindness,
03:48which they anchored in the principle of Lady Justice being blindfolded, and it made me
03:55wonder about to what extent you think there will be objective, neutral, dispassionate
04:00interpretation of the Civil Rights Act of 1964, of the Voting Rights Act of 1965 by
04:05Justice Alito, Mr. Berry's former boss, whose home displayed the pro-January 6th insurrectionist
04:17upside-down American flag, and who displayed other flags in opposition to the American
04:25flag, essentially.
04:27Do you have a lot of confidence that Lady Justice is blindfolded when it comes to Justice
04:32Alito?
04:33I do not.
04:36And finally, just back on the transgender point, there seemed to be some suggestion
04:41from our colleagues that transgender individuals pose a threat of rape to American women.
04:51Are most American women who are raped raped by heterosexual men or by heterosexual cis
05:01men or by heterosexual transgender men?
05:05Well, I will say that what I have seen, which is the letter in support of transgender people
05:14being able to utilize the bathroom that matches their identity, from sexual violence providers,
05:21rape crisis counselors, is that it's transgender people who are more likely, who are often
05:28disproportionately victims of sexual violence, and that they have not seen any increase in
05:34sexual violence because of protecting the rights of transgender people.
05:37I appreciate that.
05:38I'm out of time.
05:39But I will say, without fear of being contradicted, that the overwhelming majority, if not all
05:43of the rapes in America, are conducted by men who are heterosexual cis men.
05:50And this other thing is complete paranoid conspiracy theory, mythology meant to undermine
05:56the progress of civil rights law.
05:57I yield back.
05:58Chair recognizes Mr. Khanna from California.
06:02Thank you, Mr. Chair.

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