How Wokeness in the Workplace Will Lead to Legal Disaster

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James Lindsay

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James Lindsay is a writer, political commentator, mathematician and podcaster. His latest book, "The Queering of the American Child," co-authored with Logan Lancing, is available now.www.newdiscourses.comwww.queeringbook.com

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My prognosis is that it will break itself. Break itself? It will just, the backlash to it, which can be reasonable and liberal, people are going to wake up and they're going to have peak woke and they're not going to have more woke and it will chew itself up from the inside with these fights between us. Here's an example of a fight. Here's an example fight. 1619 Project from the New York Times, Nikole Hannah-Jones writes this, you know, kind of fake history of the United States saying that we're all about slavery. Slavery is everything to do with the United States in every regard from the beginning and still. And then, what are they doing now, right? So there's this huge intense fight between the black population and the indigenous population for most racially oppressed and they both have a pretty good claim on it, right? So that genocide thing was pretty, pretty big and then slavery was pretty big and it's complicated. So they're fighting for status. So you had the indigenous side of that assert that black people in North America are settlers of color, which is a problem. And then you've had Nikole Hannah-Jones try to point out that lots of Native Americans held black slaves, so they were slave owners, which is a problem. So they're fighting over that infighting for status, for the ultimate victim status. And then they've got like that trans things coming. I saw a video of some black woman the other day yelling about what is this black power fist on the trans flag about? That's not, you know, that's not what this is supposed to be about. Black people's not supposed to be about white people, trans white people putting their stuff. I thought it was really clever that trans people jumped in and had that black trans lives matter rally. Right, right. Because it was like, you might be the only people that can get away with this right now. This is the thing. No one else can hop in on that. But black trans lives matter. And there was like hundreds of thousands of people because everybody felt like you had to just keep protesting. Yeah, exactly. So I think it's going to chew itself up inside. But everything that took over is going with it. Like, I don't know how long it's going to take the university to not be kind of like, I don't know about that anymore. Yeah, when do they say anything like that? Particularly if they get so much massive pushback from the people that they're, you know, they're teaching. Right. I mean, the number of people right now that are saying they want deferrals partly because of the COVID and online classes, they don't want to go back to college. Yeah. And then this stuff's blown out. And every college president's like, we're going to be a full anti-racist thing. The other thing nobody's factoring in yet is the other backlash, which is going to be law. Okay. Niagara Falls of lawsuits is coming because a bunch of people are. So here's like, imagine you run a business, you do run a business. So all of a sudden, you know, this event happens, everybody's supposed to have their statement, there's tons of social pressure to make your statement. If you don't make a statement, it's compelled, you know, say, Oh, your business didn't say something about Black Lives Matter. So you have to say something one way or the other. So everybody's making a statement, everybody's trying to do the thing, and they don't know what to do. So I hear from a lot of people that email me about their job, what they're they talk to their boss. And the boss is like, well, we have to do something. And there's this, you know, there's this program, this anti-racism program, so we have to do something. And that's the thing. And we'll just take it up. And a lot of people are successfully pushing back on that and saying, Look, there are other ways we can actually do other diversity programs in this one. And when they realize that, you know, a lot of bosses are saying, huh, yeah, maybe we should think a little harder about this. So everybody's acting really fast. And there's a clear moral panic going on. So people are making bad decisions. And they're opening themselves up to a lot of future litigation. Like if you're actually having an official statement or policy of your company that says something like that you believe that all white people are complicit in racism or are racist, then you've now called all your white employees racist. That's not good. That's probably discriminatory. But do you think you can actually sue someone for that? My point isn't whether or not you can. My point is that a lot of people are going to try. But I think that the courts are even siding towards being more woke because it's society's cultural shift. Some yes, some yes, and some no. And that's there's a point to that. But on the other hand, for example, if you look at the Title IX cases where those mostly boys, but it wasn't always boys, got totally railroaded in kangaroo courts, they got accused of sexual misconduct, the university ends up expelling them or whatever, you know, the girl with a mattress or whatever that happened. And then they're suing in civil court, and they're almost all winning. Is that did that kid the mattress boy? Did he sue? I don't know if he did specifically or not. But I do know that there have been a number of civil suits. That lady was bringing her mattress on the stage when she accepted her, her diploma. I mean, it's performance art. Yeah, it's just performance art. It's, it's really like we can't run the world on performance art, though. Yeah. What's really strange too, is that if you accuse someone of something, and it turns out to not be true, you don't really get in trouble for that. That's a thing. That's a real problem. Because there's no actual repercussions for being deceptive and ruining someone's life. I have a friend who was accused of sexual assault by a woman, and it was proven that he didn't do it. And nothing ever happened to her. That's, that's, she made some stuff up about him. And so we got laws against revenge porn, right? Yeah. You can't like film your girlfriend or whatever, and then you break up and then you put it on her and put her on the internet to put her on blast or embarrass her or whatever. It's against the law now. We made laws about that. I mean, this doxing stuff, or these videos where they're filming people and accusing them of being racist and it blows up their lives, like there may have to be legislation built around that. So the question becomes, will the political will be there? And that depends on the people and it depends on the politicians. I know your lovely state here of California, just the state legislature just voted to take the anti-discrimination language out of the state constitution, which I think is a bold move. I think people get to decide on that in the end in maybe November. But what is the anti-discrimination language in the constitution that they're removing? Yeah. Are you going to pull that one up? It's like article 31 or something like that. It is unbelievable that they voted to put this up, to be pulled out of the constitution. What, what was their motivation? It's like you can't discriminate or favor by race, gender, sex, sexual orientation, so on and so forth. Why would they remove that? Because equity requires discrimination. If you listen to this guy that's blasting all over, Ibram Kendi, the how to be anti-racist, even has a sentence in the book where he says that you have to evaluate everything according to whether it has racist or anti-racist outcomes. So if you have discrimination policy that says you cannot discriminate and then that makes it so you don't have equity, then that's actually a racist policy. So they're actually advocate, I mean, equity requires- They're advocating discrimination? Correct, but it'll be positive discriminate. Well, it might actually be both directions. Discrimination against white males. It'll be discrimination for at first, discrimination for minorities. So the equivalent of affirmative action and reparations. And then they'll add in possibly discrimination against if they aren't achieving what they're trying to do. Is this clear that this is their motivation? I mean, they don't lie about it. They just say it all the time is that if you don't have equal outcomes, then the system must be, I mean, you can see how this is like putting wallpaper over a hole in your wall. If the system has unequal outcomes, it must be discrimination. So you're just going to change the policies to make up for it. And I mean, they say it explicitly. And you see this, there've been actually, there's a lawsuit, at least one lawsuit, one in New York City where they were openly discriminating against Asian students. They were discriminating against Asians to make it, because they're academically kicking all the ass. And so- They were making it more difficult for, they would have to have had a higher GPA to get in. Yeah. What's going on with that Harvard, there's a lawsuit with Harvard with that. Right. I don't know where it's at though. Yeah, that's troubling. This is troubling stuff. I mean, I say California does this. I don't know what happens because it's in violation of the federal laws. So I mean, it's directly against the title seven. Who's pushing for that? I mean, all of these kind of hustlers that are getting all famous are pushing for it. But then, again, as your state legislature actually voted amongst themselves to put it up to a vote, all the more reason to move to Texas or something. God, it's so spooky. It's like, where do they think this shit goes? It's like, there's no map of the territory. There's no like, if we do this, then we're going to have this kind of success in the future because we'll discriminate to the point where we reach some sort of homeostasis, some equality.