On Thursday, August 6, Sonia Sotomayor was confirmed as the 111th Justice of the US Supreme Court. As an individual passionate about promoting respectful workplaces, and by extension, respectful societies,  I cannot help but celebrate this historic occasion, and applaud President Obama’s choice in nominating Ms. Sotomayor.

She is the first Hispanic justice and the third woman to serve.  Those that opposed her nomination argued that she would bring her personal biases and a liberal agenda to the bench.  Due to some of her comments, she has been accused of allowing empathy as well as her life experience as a Latina woman to interfere with her ability to be impartial. 

The sub-text is that white men who still constitute the majority of law makers somehow manage to get through life without having the fact that they are both white and male affect the lens through which they interpret events.  They are somehow able to be more impartial, to interpret the law with less bias because they are white men.  

This idea is so patently absurd as to defy logic.  Each of us is affected by our personal characteristics, by our personal history.  The bias of white men was obviously apparent in the type of questioning that Justice Sotomayor had to endure prior to being confirmed.   

To prove discrimination, a complainant must only show that the behaviour which he or she is complaining of is directly related to a personal characteristic which he or she possesses that is protected in law.  There is no doubt that the kinds of accusations that were made, the questions that she was asked, were directly related to the fact that she is a woman, and a member of a visible minority.  

In this case, as she was confirmed, Justice Sotomayor did not suffer any disadvantage.  There is no case of discrimination to be made.  However, I think this very public process highlights the kinds of challenges that many individuals face in the employment process.   

I celebrate the fact that the system has allowed Justice Sotomayor to realize her full potential in American society.  That is the intention of human rights laws.  But let’s not pretend that things really work out that way in the thousands of less public hiring processes where the candidates are members of traditionally disadvantaged groups.  One African American President and a Latina on the US Supreme Court does not mean that equality has been achieved.  Not by a long shot. 

It is, however, a sign of hope and a cause for celebration.  It marks another step of the journey on the Road to Respect.

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