Wintery Knight

…integrating Christian faith and knowledge in the public square

What is ENDA? The Employment Non-Discrimination Act and religious liberty

Here are two assessments of the Democrat-sponsored ENDA legislation, the first conservative, the second libertarian.

Here’s Ryan Anderson from the Heritage Foundation, a conservative D.C. think tank.

Excerpt:

ENDA would impose liability on employers for alleged “discrimination” based not on objective employee traits but on subjective and unverifiable identities. It would create new protected classes—based on an “individual’s actual or perceived sexual orientation or gender identity”—that would expose employers to unimaginable liability. ENDA could require employment policies that undermine common sense about a host of workplace conditions, especially regarding issues surrounding gender identity.

The bill defines “gender identity” as “the gender-related identity, appearance, or mannerisms…of an individual, with or without regard to the individual’s designated sex at birth.” In other words, it creates special rights for transgendered individuals—males who dress and act as females, and females who dress and act as males—and forbids employers from considering the consequences of such behavior in the workplace.

Issues concerning gender identity are difficult. All ought to agree that young children should be protected from having to sort through questions about gender identity before an age-appropriate introduction. ENDA, however, would bar employers from making certain decisions about transgendered employees.

Although ENDA includes some exemptions for religious education, it provides no protection for students in other schools who could be prematurely exposed to questions about gender identity if, for example, a male teacher returned to school identifying as a woman.

Moreover, we can’t deny the relevance of biological sex in many contexts. An employer would be negligent to ignore the concerns of female employees about having to share bathrooms with a biological male who identifies as female. Failing to consider these repercussions raises a host of concerns about privacy rights. But ENDA would prevent taking these concerns into account.

And here is a post from Hans Bader of the Competitive Enterprise Institute, a libertarian D.C. think tank.

Meritless lawsuits that favor the plaintiff:

ENDA would harm even businesses that hire and fire based on merit, not sexual orientation. It would also erode free speech in the workplace about sexual-orientation-related political and religious issues.

Since ENDA is modeled on other employment laws that have produced many meritless discrimination lawsuits (through one-way fee shifting), ENDA, too, is likely to result in wasteful litigation and settlements paid out by employers that are actually innocent of discrimination (most employment discrimination claims turn out to be meritless). ENDA’s attorney fee provision, Section 12, uses the same language as other federal employment laws that incorporate the Christiansburg Garment standard for awarding attorneys fees — a sort of “heads I win, tails you lose” scheme under which the plaintiff gets his attorneys fees paid for by the other side if he wins, but the employer has to pay its own attorneys fees even if it wins (a win at trial typically costs an employer at least $250,000). While the language of ENDA’s attorney-fee provision is seemingly neutral on its face, similar provisions in other federal employment laws have consistently been interpreted by the courts as favoring plaintiffs under the Supreme Court’s 1978 Christiansburg Garment decision. Moreover, even if the plaintiff’s case is so insubstantial that the plaintiff only wins $1 at trial, the employer can still be ordered to pay tens of thousands of dollars in attorneys fees. For example, an appeals court ruling awarded $42,000 in attorneys fees to a plaintiff who suffered only $1 in damages. (See Brandau v. Kansas, 168 F.3d 1179 (10th Cir.1999).) These attorney fee provisions will lead to some employers paying thousands of dollars to plaintiffs just to settle weak or meritless discrimination claims.

Censoring employees who might create a “hostile environment”:

While the typical private employer has no reason to hire or fire based on sexual orientation (and few do), ENDA’sSection 4(a)(1) reaches beyond hiring and firing to vaguely defined “terms, conditions, or privileges of employment,” which courts interpret as requiring certain restrictions on speech. In Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), the Supreme Court interpreted the same vague “terms or conditions” language in another statute, Title VII of the Civil Rights Act, as requiring employers to prohibit employee speech or conduct that creates a “hostile or offensive work environment” for women or blacks. The employer is liable for damages and attorneys fees if a court decides that it was negligent in failing to detect, prevent, or punish such speech or conduct. Such “hostile work environment” liability applies to each and every protected class covered by federal law, such as race, religion, national origin, and disability, not just gender. See, e.g., Amirmokri v. Baltimore Gas and Electric Co., 60 F.3d 1126 (4th Cir. 1995) (employer was liable for national-origin based taunts and harassment by plaintiff’s co-workers).

If ENDA were enacted, such liability would also cover “sexual orientation”-based hostile work environments, meaning that a company would potentially be liable for a “hostile work environment” resulting from anti-gay things its employees say (even if those employees’ sentiments are at odds with the company’s own views or policies). Thus, to avoid liability, an employer might have to silence employees with political opinions that are perceived as anti-gay, and prevent such employees from expressing political views such as opposition to gay marriage or gays in the military that could contribute to a “hostile work environment.”

Quotas in hiring:

It is conceivable that if ENDA is passed, a civil-rights agency could use it to pressure some employers to adopt sexual-orientation-based hiring goals or veiled quotas, notwithstanding the language of Section 4(f) of ENDA.  Activists have already pressured President Obama to mandate sexual-orientation-based hiring goals for government contractors.

Bathroom privacy:

Finally, in addition to banning sexual-orientation discrimination, ENDA also contains “transgender rights” provisions that ban discrimination based on “gender identity.” Similar prohibitions in state laws created legal headaches for some businesses.

I have to admit, I have been operating for the last decade as if this law was already in effect, since I don’t want to be singled out for reprisals by management if a law like this is enacted. If you already have a reputation as being pro-marriage and pro-chastity in your workplace and this law gets enacted, you will become a target for censorship and even termination. It would be much easier for your employer to pre-emptively fire you under some pretext than to have to get stuck with millions of dollars in legal fees and penalties for one of these “hostile work environment” lawsuits. I can envision scenarios in which people on the left will solicit your opinion openly in the workplace on controversial issues like gay marriage, etc. and then prosecute you for anything less than full affirmation and enthusiastic celebration of their views. It’s already happening in the military now.

It’s very important for Christians to consider who they talk to and what they talk about in the workplace. You might think that you have free speech rights in America, but you don’t. That is all going away now because of the gay agenda and the judicial activism in the courts. This is especially true for men who have to provide for their families. If you are going to say anything critical of the secular left, understand that they are fascists, and they will hurt you any way they can. These are not people who believe in human rights. They believe in using power to destroy anyone who offends them by mere disagreement.

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Cain accuser Ginger White was found guilty of libeling former business partner

Herman Cain Accuser Ginger White - Another Nutcase

Herman Cain Accuser Ginger White - Another Nutcase

From ABC News. (H/T Richard M.)

Excerpt:

The female bodybuilder who once ran a bicycle business with latest Herman Cain accuser Ginger White says the Atlanta woman never mentioned the Republican presidential candidate, who she says was her lover for 13 years.

“His name has never come up,” said Kimberly Vay, who told ABC News that she and White were former business partners.

But Vay, who filed and won a libel lawsuit against White, refused to comment directly when asked whether she considers White’s accusations about Cain credible. “When you see the details of my lawsuit,” said Vay, “they will speak for themselves.” She then referred ABC News to her attorney.

According to Vay’s suit, which was filed in June 2011, White and Vay were partners in a fitness coaching business called No Limit Cycling, and held spinning classes inside the Martin Luther King Recreation Center, which is owned by the City of Atlanta. In November 2010, claimed Vay, White asked to end their partnership, with White continuing to operate No Limit Cycling, and Vay agreed.

On December 9, according to the complaint, White sent a “defamatory” note to a master email list of the company’s clients and to city officials. The email said that White’s business had “come tumbling down [on] the day I invited Kim Vay into my life and my business” and that Vay had turned her “dream” into a “nightmare.” According to the complaint, the email alleged that Vay, a competitive bodybuilder, injected veterinary drugs into her system prior to contests,” and also said that Vay preferred to date black men but had made derogatory comments about black women’s hair.

Vay’s complaint termed the allegation about drug use “false, malicious, defamatory” and “reckless,” and therefore libelous.

Both women retained attorneys, according to Vay’s account, and reached an out-of-court settlement in April 2011. In June, Vay filed suit, claiming that White had failed to live up to the settlement and that she was entitled to sue for libel. Vay’s attorney Kurt Martin told ABC News that White had failed to honor the financial agreement that had settled the case.

Here’s a bit more about Ginger White from the NY Daily News.

Excerpt:

The Atlanta woman who says she was Herman Cain’s mistress for 13 years is a down-on-her-luck single mom who once sued a former employer for sexual harassment.

Ginger White surfaced in bombshell fashion on Monday, telling an Atlanta TV station that she’s “not proud” of what she described as long-running sexual shenanigans with the married GOP White House contender.

“I didn’t want to come out this way,” she said in an interview with Atlanta’s FOX affiliate WAGA-TV that put Cain on the defensive even before it was aired.

White described herself in the interview as a jobless former businesswoman. She is middle-aged, has two children and was evicted from her Atlanta home earlier this month, according to a background check done by the TV station.

WAGA reporters also found records showing she has been hit with several eviction notices in DeKalb County, Ga., over the past six years.

She filed for bankruptcy 23 years ago, the station reported. In 2001, she also filed a sexual harassment suit, which was later settled, according to the station.

Her former business partner, Kimberly Vay, once sued her and accused her of stalking, the station reported.

Vay, who did not respond to calls for comment Monday, also sought an order of protection against White, charging that she was bombarded with emails and texts “threatening [a\] lawsuit” and defaming her character.

A judge ruled in favor of Vay in a libel suit she had filed against White, the station reported.

It’s not surprising to me that a woman like this would make such accusations – she is getting a lot of attention, and possibly is being paid off by another candidate. There might even be a nice book deal for her.

Consider a parallel case, featuring Mariah Yeater’s paternity suit against Justin Bieber.

Excerpt:

The 20-year-old woman who claims teen idol Justin Bieber is the father of her child originally told her ex-boyfriend that he — and not Bieber — was the baby-daddy, the New York Post reported Friday.

“She came back here from California telling me she was pregnant with my child and I said this is impossible, you’ve been in California two months and back here for only a week,” said Las Vegas resident John Terranova, 19, about his ex-girlfriend Mariah Yeater, 20, who has sued Bieber for support for the son she later bore.

“After I told her that’s not my kid, you’ve only been here for a week, then she told me, ‘No, I got pregnant before I left by you,” Terranova told The Post. “But it didn’t make sense because she had a doctor’s note saying she wasn’t pregnant enough for that to be possible. It didn’t add up.”

Terranova said he had dated Yeater for nearly four years after meeting her at a Las Vegas high school that caters to students who had been thrown out of other schools. He said he broke up with her after he learned she had cheated on him.

Terranova scoffed at Yeater’s claim that it was the then-16-year-old Bieber who impregnated her in October 2010 during a 30-second sex session after the singer performed in Los Angeles.

“I know it’s not Justin Bieber,” Terranova said. “She just wants money. It’s a scam.”

His girlfriend Lacy Jensen, who herself is pregnant now, agreed.

“Poor kid. He’s worked so hard for his career and to deal with this. She just wants to get her name out there,” said Jensen.

“She’s a gold digger and just wants someone to take care of her,” Jensen said. “She was a really big party animal who got around a lot. She was a big slut. She’s scandalous.”

Yeater was arrested for battery last December for allegedly slapping Terranova in a jealous rage after she returned from her sojourn in California to find him dating a new girlfriend, Jensen.

I see no reason to think that White’s claims have any more validity than Yeater’s claims. It seems plausible to me that both women are making false claims for the same reason – they want fame and money.

Do women ever make false claims about sexual matters? Its more common than you might think. Studies show that false allegations are made about 20-40% of the time, depending on the study. These sorts of false accusations are usually made in order to 1) get attention or money, by trying to appear as an innocent victim, 2) in order to get an alibi for something the woman has done wrong (see below), or 3) to get revenge on someone who has mistreated the woman, as with the Duke lacrosse scandal.

Consider this case of a Hofstra student Danmell Ndonye who invented a false rape accusation.

Excerpt:

The Hofstra freshman who had a raunchy restroom romp and then cried rape made up the twisted tale because she didn’t want her schoolmates — particularly her new boyfriend — to think she was easy, the beau told The Post yesterday.

“I think she needs a psychologist. She probably felt like, ‘They’ll think I’m a slut,’ ” her boyfriend, who asked not to be identified, told The Post.

Danmell Ndonye, 18, who had accused five men of gang rape, admitted the truth only when prosecutors confronted her after learning of a cellphone video that captured the whole sordid episode and showed she had willingly participated, officials said.

She created her outlandish tale when her boyfriend, a Hofstra student who’s been dating her since the semester began a few weeks ago, demanded to know where she had disappeared after a wild frat party early Sunday.

The two had been dancing together at the Alpha Kappa Alpha mixer at the school’s on-campus club, Hofstra USA, but got separated when a fight broke out.

The boyfriend said he called her repeatedly, but she didn’t answer her cellphone, so he went to her seventh-floor dorm room at Estabrook Hall. Moments later she appeared.

“As I was about to leave, she comes up and she has no shoes on, she is holding them in her hands. She looked like she just finished hot sex,” he said. “I said, ‘Where were you? What were you doing?’ She told me, ‘Nothing.’ I said, ‘What do you mean, nothing?’ “

Ndonye then dropped a bombshell.

“I said, ‘Don’t lie to me, what’s going on?’ And she said, ‘Oh, I just got raped,’ ” he said.

“It didn’t seem real to me. She was calm,” he continued. “Then she started crying and saying, ‘I was raped.’ She lied to me. I think she was embarrassed. I said to her, ‘You have to call public safety.’ She hesitated. It seemed like she didn’t want to.”

She then tried to backpedal.

“Oh, you know, no, it’s OK,” she told him, but he was incredulous.

“How could it be OK that you just got raped?” the boyfriend said.

So she relented — and a four-day nightmare began for four innocent men: Stalin Felipe, 19, his stepbrother, Kevin Taveras, 20, Jesus Ortiz, 19, and 21-year-old Rondell Bedward, a Hofstra senior who had invited the others to the party.

Cops also hunted for a fifth man, who has not been publicly identified.

False allegations of abuse are routinely used in divorce custody hearings. They virtually never go to trial.

In the absence of ANY evidence, why think that these anonymous charges against a black conservative who is leading in national polls are anything but greed and attention-whoring? Surely, we need to see some charges laid against Cain that where brought forward in a real criminal trial, so we can see the evidence. Otherwise, it just seems to me like another case of false paternity claims and false sexual allegations. We need to see real criminal charges, with real evidence and real witnesses from a real trial, before we can draw any conclusions.

My previous post analyzed the media bias evident in how this story is being covered.

Related posts

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Cain accuser Karen Kraushaar filed a sexual harassment claim at her next job, too

Photo of Karen Kraushaar

Photo of Karen Kraushaar

From the left-leaning Associated Press.

Excerpt:

A woman who settled a sexual harassment complaint against GOP presidential candidate Herman Cain in 1999 complained three years later at her next job about unfair treatment, saying she should be allowed to work from home after a serious car accident and accusing a manager of circulating a sexually charged email, The Associated Press has learned.

Karen Kraushaar, 55, filed the complaint while working as a spokeswoman at the Immigration and Naturalization Service in the Justice Department in late 2002 or early 2003, with the assistance of her lawyer, Joel Bennett, who also handled her earlier sexual harassment complaint against Cain in 1999. Three former supervisors familiar with Kraushaar’s complaint, which did not include a claim of sexual harassment, described it for the AP under condition of anonymity because the matter was handled internally by the agency and was not public.

To settle the complaint at the immigration service, Kraushaar initially demanded thousands of dollars in payment, a reinstatement of leave she used after the accident earlier in 2002, promotion on the federal pay scale and a one-year fellowship to Harvard’s Kennedy School of Government, according to a former supervisor familiar with the complaint. The promotion itself would have increased her annual salary between $12,000 and $16,000, according to salary tables in 2002 from the U.S. Office of Personnel Management.

[...]Kraushaar’s complaint was based on supervisors denying her request to work full time from home after a serious car accident in 2002, three former supervisors said. Two of them said Kraushaar also was denied previous requests to work from home before the car accident.

The complaint also cited as objectionable an email that a manager had circulated comparing computers to women and men, a former supervisor said. The complaint claimed that the email, based on humor widely circulated on the Internet, was sexually explicit, according to the supervisor, who did not have a copy of the email. The joke circulated online lists reasons men and women were like computers, including that men were like computers because “in order to get their attention, you have to turn them on.” Women were like computers because “even your smallest mistakes are stored in long-term memory for later retrieval.”

[...]Cain said he remembered gesturing to Kraushaar and noting that she was the same height as Cain’s wife, about chin-high to Cain. The Georgia businessman said Kraushaar did not react noticeably, but he said the restaurant association lawyer later told him that was the most serious claim that Kraushaar had made against him, “the one she was most upset about.”

[...]The New York Times reported previously that Kraushaar received $45,000 in the settlement with the restaurant association.

This is the woman who the liberal news networks are using to impugn the character of Herman Cain.

Cain’s only other named accuser, Sharon Bialek

There are reports that she was fired from the NRA for making a false allegation of sexual harassment. If that is true, then her allegations against Cain are really in doubt. (H/T Pat Dollard)

Excerpt:

“She was fired from her job, and her boyfriend suggested she contact Cain in hopes he could help her find employment.”.

In this particular incident she was fired for falsely accusing her boss of sexual harassment, a charge denied by co-workers, as well as being pretty much a pain in the ass to work with.

I remember her as a time-waster, and rabble-rouser. If she didn’t get her way she cried about sexual harassment”. A former co-worker, a female no less, emailed me. “She was trouble with a capital “T”. The fact that she waited 13 years and never said a word not even during Cain’s earlier forays into politics. She only now magically appears because Cain is leading in some polls and proving a threat to Barack Obama?

Here’s a press release from the Cain campaign talking about the Sharon Bialek’s background.

Excerpt:

In the courts, Ms. Bialek has had a lengthy record in the Cook County Court system over various civil lawsuits. The following cases on file in Cook County are:

  • 2000-M1-707461 Defendant against Broadcare Management
  • 2000-M1-714398 Defendant in lawsuit against Broadcare Management
  • 2000-M1-701522 Defendant in lawsuit against Broadcare Management
  • 2005-M1-111072 Defendant in lawsuit against Mr. Mark Beatovic.
  • 2007-M1-189176 Defendant in lawsuit against Midland Funding.
  • 2009-M1-158826 Defendant in lawsuit against Illinois Lending.

Ms. Bialek was also sued in 1999 over a paternity matter according to ABC 7 Chicago (WLS-TV).  Source: WLS-TV, November 7, 2011.

In personal finances, PACER (Federal Court) records show that Ms. Bialek has filed for bankruptcy in the Northern District of Illinois bankruptcy court in 1991 and 2001. The respective case numbers according to the PACER system are 1:01-bk-22664 and 1:91-bk-23273.

Ms. Bialek has worked for nine employers over the last seventeen years. Source: WLS-TV, November 7, 2011

More from the Chicago Tribune.

Excerpt:

Records show she twice has filed for personal bankruptcy, first in 1991 and then again in 2001. In the latter case, she claimed $5,700 in assets and more than $36,000 in liabilities. Among the creditors seeking payment was a management firm demanding back rent of $4,500, four credit card companies and a lawyer asking for his legal fees.

After the case was discharged, she accused a former boyfriend of harassing her for repayment of a loan, court records in the bankruptcy case show. Bialek borrowed $4,500 from William Concha, though Concha now believes she had no intention of paying him back, according to his brother, Mario.

Reached Monday night in Spain, William Concha declined comment.

At least two liens have been filed against Bialek, according to records from the Cook County recorder of deeds.

The IRS filed a tax lien against her in 2009 for nearly $5,200. In August, the Illinois Department of Revenue claimed Bialek owed the state more than $4,300, including penalties and interest, relating to income taxes from 2004, according to county records.

Court records also show creditors took legal action against her during the past decade, including at least one lawsuit filed in Cook County.

In my previous post, I explained how false accusations are regularly made by a significant minority of women in certain cases, such as in divorce trials when custody (and the child support payments that go with custody) are in play. Not all women do this, but ones who have a certain profile are more prone to do it than others.

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Cain accuser Sharon Bialek has been sued a half dozen times and filed for bankruptcy twice

Photo of Sharon Bialek

Photo of Sharon Bialek

See this link? It will take you to Robert McCain’s post on the Cain press conference. McCain has been following Cain before his campaign even started. He knows everything about Cain’s campaign. He has links to a half-dozen news sources with reactions in his post.

McCain writes:

It is too early to analyze or evaluate the long-term impact. The immediate reaction toward Cain’s press conference has been generally positive. If he didn’t “hit a home run,” as they say, he at least got a solid stand-up double. And his vow that he will continue the campaign, without regard to his accusers or their accusations, is perhaps the most important thing he said during the press conference.

Here’s the press conference:

Part 1 of 3:

Part 2 of 3:

Part 3 of 3:

Sharon Bialek’s background

Here’s a press release from the Cain campaign talking about the Sharon Bialek’s background.

Excerpt:

In the courts, Ms. Bialek has had a lengthy record in the Cook County Court system over various civil lawsuits. The following cases on file in Cook County are:

  • 2000-M1-707461 Defendant against Broadcare Management
  • 2000-M1-714398 Defendant in lawsuit against Broadcare Management
  • 2000-M1-701522 Defendant in lawsuit against Broadcare Management
  • 2005-M1-111072 Defendant in lawsuit against Mr. Mark Beatovic.
  • 2007-M1-189176 Defendant in lawsuit against Midland Funding.
  • 2009-M1-158826 Defendant in lawsuit against Illinois Lending.

Ms. Bialek was also sued in 1999 over a paternity matter according to ABC 7 Chicago (WLS-TV).  Source: WLS-TV, November 7, 2011.

In personal finances, PACER (Federal Court) records show that Ms. Bialek has filed for bankruptcy in the Northern District of Illinois bankruptcy court in 1991 and 2001. The respective case numbers according to the PACER system are 1:01-bk-22664 and 1:91-bk-23273.

Ms. Bialek has worked for nine employers over the last seventeen years. Source: WLS-TV, November 7, 2011

More from the Chicago Tribune.

Excerpt:

Records show she twice has filed for personal bankruptcy, first in 1991 and then again in 2001. In the latter case, she claimed $5,700 in assets and more than $36,000 in liabilities. Among the creditors seeking payment was a management firm demanding back rent of $4,500, four credit card companies and a lawyer asking for his legal fees.

After the case was discharged, she accused a former boyfriend of harassing her for repayment of a loan, court records in the bankruptcy case show. Bialek borrowed $4,500 from William Concha, though Concha now believes she had no intention of paying him back, according to his brother, Mario.

Reached Monday night in Spain, William Concha declined comment.

At least two liens have been filed against Bialek, according to records from the Cook County recorder of deeds.

The IRS filed a tax lien against her in 2009 for nearly $5,200. In August, the Illinois Department of Revenue claimed Bialek owed the state more than $4,300, including penalties and interest, relating to income taxes from 2004, according to county records.

Court records also show creditors took legal action against her during the past decade, including at least one lawsuit filed in Cook County.

More from the Chicago Tribune.

Excerpt:

Records show she twice has filed for personal bankruptcy, first in 1991 and then again in 2001. In the latter case, she claimed $5,700 in assets and more than $36,000 in liabilities. Among the creditors seeking payment was a management firm demanding back rent of $4,500, four credit card companies and a lawyer asking for his legal fees.

After the case was discharged, she accused a former boyfriend of harassing her for repayment of a loan, court records in the bankruptcy case show. Bialek borrowed $4,500 from William Concha, though Concha now believes she had no intention of paying him back, according to his brother, Mario.

Reached Monday night in Spain, William Concha declined comment.

At least two liens have been filed against Bialek, according to records from the Cook County recorder of deeds.

The IRS filed a tax lien against her in 2009 for nearly $5,200. In August, the Illinois Department of Revenue claimed Bialek owed the state more than $4,300, including penalties and interest, relating to income taxes from 2004, according to county records.

Court records also show creditors took legal action against her during the past decade, including at least one lawsuit filed in Cook County.

It’s not surprising to me that a woman like this would make such accusations – she is getting a lot of attention, and possibly is being paid off by another candidate. There might even be a nice book deal for her.

Consider a parallel case, featuring Mariah Yeater’s paternity suit against Justin Bieber.

Excerpt:

The 20-year-old woman who claims teen idol Justin Bieber is the father of her child originally told her ex-boyfriend that he — and not Bieber — was the baby-daddy, the New York Post reported Friday.

“She came back here from California telling me she was pregnant with my child and I said this is impossible, you’ve been in California two months and back here for only a week,” said Las Vegas resident John Terranova, 19, about his ex-girlfriend Mariah Yeater, 20, who has sued Bieber for support for the son she later bore.

“After I told her that’s not my kid, you’ve only been here for a week, then she told me, ‘No, I got pregnant before I left by you,” Terranova told The Post. “But it didn’t make sense because she had a doctor’s note saying she wasn’t pregnant enough for that to be possible. It didn’t add up.”

Terranova said he had dated Yeater for nearly four years after meeting her at a Las Vegas high school that caters to students who had been thrown out of other schools. He said he broke up with her after he learned she had cheated on him.

Terranova scoffed at Yeater’s claim that it was the then-16-year-old Bieber who impregnated her in October 2010 during a 30-second sex session after the singer performed in Los Angeles.

“I know it’s not Justin Bieber,” Terranova said. “She just wants money. It’s a scam.”

His girlfriend Lacy Jensen, who herself is pregnant now, agreed.

“Poor kid. He’s worked so hard for his career and to deal with this. She just wants to get her name out there,” said Jensen.

“She’s a gold digger and just wants someone to take care of her,” Jensen said. “She was a really big party animal who got around a lot. She was a big slut. She’s scandalous.”

Yeater was arrested for battery last December for allegedly slapping Terranova in a jealous rage after she returned from her sojourn in California to find him dating a new girlfriend, Jensen.

I see no reason to think that this Bialek’s claims have any more validity than Yeater’s claims. It seems plausible to me that both women are making false claims for the same reason – they want fame and money.

Do women ever make false claims about sexual matters? Its more common than you might think. Studies show that false allegations are made about 20-40% of the time, depending on the study. These sorts of false accusations are usually made in order to 1) get attention or money, by trying to appear as an innocent victim, 2) in order to get an alibi for something the woman has done wrong (see below), or 3) to get revenge on someone who has mistreated the woman, as with the Duke lacrosse scandal.

Consider this case of a Hofstra student Danmell Ndonye who invented a false rape accusation.

Excerpt:

The Hofstra freshman who had a raunchy restroom romp and then cried rape made up the twisted tale because she didn’t want her schoolmates — particularly her new boyfriend — to think she was easy, the beau told The Post yesterday.

“I think she needs a psychologist. She probably felt like, ‘They’ll think I’m a slut,’ ” her boyfriend, who asked not to be identified, told The Post.

Danmell Ndonye, 18, who had accused five men of gang rape, admitted the truth only when prosecutors confronted her after learning of a cellphone video that captured the whole sordid episode and showed she had willingly participated, officials said.

She created her outlandish tale when her boyfriend, a Hofstra student who’s been dating her since the semester began a few weeks ago, demanded to know where she had disappeared after a wild frat party early Sunday.

The two had been dancing together at the Alpha Kappa Alpha mixer at the school’s on-campus club, Hofstra USA, but got separated when a fight broke out.

The boyfriend said he called her repeatedly, but she didn’t answer her cellphone, so he went to her seventh-floor dorm room at Estabrook Hall. Moments later she appeared.

“As I was about to leave, she comes up and she has no shoes on, she is holding them in her hands. She looked like she just finished hot sex,” he said. “I said, ‘Where were you? What were you doing?’ She told me, ‘Nothing.’ I said, ‘What do you mean, nothing?’ “

Ndonye then dropped a bombshell.

“I said, ‘Don’t lie to me, what’s going on?’ And she said, ‘Oh, I just got raped,’ ” he said.

“It didn’t seem real to me. She was calm,” he continued. “Then she started crying and saying, ‘I was raped.’ She lied to me. I think she was embarrassed. I said to her, ‘You have to call public safety.’ She hesitated. It seemed like she didn’t want to.”

She then tried to backpedal.

“Oh, you know, no, it’s OK,” she told him, but he was incredulous.

“How could it be OK that you just got raped?” the boyfriend said.

So she relented — and a four-day nightmare began for four innocent men: Stalin Felipe, 19, his stepbrother, Kevin Taveras, 20, Jesus Ortiz, 19, and 21-year-old Rondell Bedward, a Hofstra senior who had invited the others to the party.

Cops also hunted for a fifth man, who has not been publicly identified.

False allegations of abuse are routinely used in divorce custody hearings. They virtually never go to trial.

In the absence of ANY evidence, why think that these anonymous charges against a black conservative who is leading in national polls are anything but greed and attention-whoring? Surely, we need to see some charges laid against Cain that where brought forward in a real criminal trial, so we can see the evidence. Otherwise, it just seems to me like another case of false paternity claims and false sexual allegations. We need to see real criminal charges, with real evidence and real witnesses from a real trial, before we can draw any conclusions.

My previous post analyzed the media bias evident in how this story is being covered.

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Supreme Court throws out anti-business class action lawsuit

You have to read this post by Ed Morrissey at Hot Air.

Except:

The Supreme Court took a big bite out of the pockets of class-action trial lawyers today, at least in the field of employment discrimination.  The court unanimously rejected a class-action lawsuit against Wal-Mart on behalf of 1.6 million female employees that attempted to argue that the retail giant purposefully and systematically discriminated on gender for compensation.  But a narrow 5-4 rulingon a companion issue promises to make filing any more such class-action lawsuits nearly impossible:

The justices divided 5-4 on another aspect of the ruling that could make it much harder to mount similar class-action discrimination lawsuits against large employers.

Justice Antonin Scalia’s opinion for the court’s conservative majority said there needs to be common elements tying together “literally millions of employment decisions at once.”

But Scalia said that in the lawsuit against the nation’s largest private employer, “That is entirely absent here.”

Justice Ruth Bader Ginsburg, writing for the court’s four liberal justices, said there was more than enough uniting the claims. “Wal-Mart’s delegation of discretion over pay and promotions is a policy uniform throughout all stores,” Ginsburg said.

The contrasting opinions gives a good indication of what is at stake.  In mostcorporations (especially national retail chains), compensation decisions are almost always delegated to individual locations or regional management.  For one thing, the labor market varies from region to region, and what amounts to competitive compensation in one region might be insufficient in another, depending on the cost of living, labor availability, and so on.

Ginsburg’s identification of this as a prima facie indication of discrimination would have exposed virtually all US retailers to such class-action lawsuits.  Not only would that have sapped retailers of billions in capital, but it doesn’t make any sense on its face anyway.  If compensation decisions are decentralized throughout an organization, how can that possibly demonstrate a coordinated, centralized, and explicit effort to discriminate on the basis of anything?

Reining in judicial activism and trial layers is a good way to incentivize corporations to create jobs. If you want to lower unemployment, stop these frivolous class-action lawsuits.

It’s also worth pointing out that lawsuits like this are bogus in a free market, because if people really area being underpaid, they can always go to a different employer to get a higher salary – IF THEY ARE WORTH IT. We really need a national loser-pays law to deter these nuisance lawsuits.

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