U.S. Judge Dismisses Free Speech/Free Press Claim

The Selection Officer for the SSA says one reason he didn’t hire the plaintiff (me) is because she (I) wrote an employment law blog on workplace abuse.

Chief U.S. District Judge Miranda Du of Nevada this week dismissed a claim in a lawsuit that I filed against the Social Security Administration (SSA), after it rejected me for a job for which I was superbly qualified in the aftermath of the Great Recession (2011).

A novice SSA Selection Officer said one reason he didn’t select me for hire was because he thought my fledgling employment law blog, When the Abuser Goes to Work, was a “red flag” and he was concerned I might one day question his management skills.

I began the blog as a public service in connection with my book, Surviving Bullies, Queen Bees & Psychopaths in the Workplace. The blog, syndicated by Newstek, is legally and unquestionably a work of journalism.

The shocking age discrimination I experienced when I applied for the SSA job in Reno, NV, in the waning days of the Great Recession, prompted me to research age discrimination and write my groundbreaking book, Betrayed: The Legalization of Age Discrimination in the Workplace.

A few tibits – 26 applicants (all but one under the age of 40) responded to a ridiculously narrow recruitment for five attorney vacancies. I found out about the vacancies by chance when I saw an announcement on USAJobs for a different job at the Reno office. The SSA repeatedly tried to hire five candidates under the age of 40 but was thwarted when candidates rejected job offers. The ninth selectee was the only other candidate over the age of 40 (a 47-year-old male).

The SSA says the candidates were hired based on “personality” and “cultural fit.”

In 2019, Judge Du dismissed the entire case, calling it futile, and issued her ruling with prejudice (barring me from refiling the case).

The Ninth Circuit

I filed an appeal with the Ninth Circuit Court of Appeals in San Francisco, which in 2021 reinstated my claim of systemic age discrimination, finding it “plausible,” and remanded the case back to Judge Du.

The Ninth Circuit, however, dismissed my claims that the SSA retaliated against me for engaging in “oppositional activity” in violation of Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967. The oppositional clause prohibits employers from retaliating against job applicants because they oppose or contest unlawful employment practices. The Ninth Circuit said my blog didn’t qualify as oppositional activity because it did not specifically oppose discrimination by the SSA.

The Ninth Circuit’s ruling left me with no choice but to file a First Amendment complaint against the Selection Officer.

In light of Judge Du’s dismissal of the First Amendment claim, I now have no recourse for what many would consider to be a patently obvious violation of the U.S. Constitutional guarantees of freedom of speech and freedom of the press. And, of course, this ruling doesn’t just affect me.

An Innocent Motive

So here’s why Judge Du dismissed my First Amendment retaliation claim.

She said the Selection Officer was acting in his official capacity and then expressed concern that hordes of disappointed job seekers might file First Amendment claims.

Then she wrote in her decision that the Selection Officer had an “innocent motive” for not hiring me.

Initially the Selection Officer said he didn’t hire me because I was not sufficiently “enthusiastic” about the job, despite contrary evidence. I went to far greater lengths to discover and apply for the position than any other applicant. I repeatedly said I was enthusiastic about the job.

According to Judge Du: “[H]e felt she was not sufficiently enthusiastic about the position. This alone is an innocent motive and raises doubt that [the Selection Officer] retaliated against Barnes by not hiring her, solely on the basis that she exercised her right to protected speech.”

Tuesday was World Press Freedom Day but what is freedom when federal courts refuse to enforce the U.S. Constitution on behalf of journalists and anyone else who writes about topics, including worker rights, that make federal bureaucrats uncomfortable.

International Cisgender Day?

It may be time to rename International Women’s Day, which was organized in 1909 to commemorate the cultural, political and socioeconomic achievements of women.

Face it. The term “women” has fallen into disfavor. It’s discriminatory.

According to the ACLU, the term “women” isn’t gender neutral.

Women today must be called “cisgender” or “people with a gender that aligns with the sex they were assigned at birth.”

Don’t dare to question the innate femaleness of a male who identifies as a woman. She also can compete on a collegiate woman’s swim team, even if her 6-foot, four-inch body towers over her biological female counterparts. And she can use the locker room if she has not undergone sex reassignment surgery. She is a woman.

Birthing Person?

Along with the term “women,” it appears the term “mother” also is going the way of fireman and actress.

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Doesn’t Apple Know Child Sexting Is Illegal?

Apple recently announced its next iPhone update will include a feature that warns U.S. users under the age of 18 before they send or open text messages with nude photos.

That’s all well and good but why is Apple allowing users to send children under the age of 16 nude photos?

Doesn’t Apple know that sexting involving minors is strictly illegal in most states and under federal law.

Sexting is the taking, sending or receiving of nude or sexual photos or videos by electronic means, whether through a text message, social media or email.

Why doesn’t Apple understand that it may be a party to sexting to minors when it knowingly transmits nude photos to minors? Apple should block such material if it has notice, which it is admitting that it has when it warns a child who is about to open or send a nude photo.

Apple declined to respond to an email request for comment.

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Is Bill Gates Too Big To Fail?

If Bill Gates was a member of the U.S. Congress, he likely would be investigated over recent disclosures of his association from 2011 to 2019 with the late convicted child sex offender Jeffrey Epstein.

But Gates, the billionaire co-founder of Microsoft, is not a public official.

He is a private person who wields power around the world by virtue of his wealth. He is the co-founder of the Bill and Melinda Gates Foundation, the richest private foundation in the world. Gates also is regularly featured on news pages weighing in on diverse matters ranging from climate change to workforce robotics.

Gates seemingly is insulated from the mundane measures that hold “little people,” including members of Congress, accountable for bad behavior.

Gates relationship with Epstein came under renewed scrutiny last week when it was announced that he and his his wife of 27-years, Melinda Gates, are divorcing. The Wall Street Journal reports she warned him to stay away from Epstein after the couple met Epstein at his New York City mansion in 2013.

Depravity on Steroids

After years of alleged sexual exploitation of young girls, Epstein pleaded guilty in 2008 to soliciting an underage girl for sex in Florida. That prosecution stemmed from a complaint by parents that Epstein had sexually abused their 14-year-old daughter.

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Behind The Madonna (Biden) Whore (Trump) Syndrome

CBS Sunday Morning Host Jane Pauley, in a lilting voice, told her audience that it literally needs to know that Democrat President Joe Biden met his wife, Jill, on a blind date and proposed five times before she said yes.

In a later segment, former GOP President Donald J. Trump was relentlessly vilified by the “journalist” who covered him at the White House, CBS News senior national correspondent Ben Tracy. Trump was called the “Disrupter in Chief.” Tracy couldn’t find anything to like about Trump, who received 75 million votes in the past election.

The Whopper

Jill Biden’s first husband was Bill Stevenson and he claims he and his wife met Joe Biden in 1972, when they worked on then-New Castle County Councilman Biden’s first campaign for the Senate  Stevenson said the story about Joe and Jill’s meeting on a “blind date” is pure fiction. He says they had an affair and the betrayal led to the painful (for him) end to their marriage.

We might all agree that it’s nobody’s business how the Bidens’ met but it is our business when we are continually told bold faced lies about the circumstances of their meeting by the mainstream media.

Why don’t CBS and other national media outlets just stay silent about how the Bidens met? Why do they even bring it up? How can they justify lying to the American public this way?

Continue reading “Behind The Madonna (Biden) Whore (Trump) Syndrome”