On October 8, 2019, the U.S. Supreme Court heard argument in two consolidated cases asking whether discrimination “because of … sex,” which is prohibited by Title VII of the Civil Rights Act of 1964, includes discrimination based on sexual orientation. In Altitude Express, Inc. v. Zarda, gay skydiving instructor Donald Zarda was fired after a female client with whom he was preparing a tandem jump alleged that he had touched her inappropriately, though he had disclosed his sexual orientation to protest that his intentions were not sexual. His lawsuit alleged that his employer discriminated against him because he was honest about his sexual orientation and did not conform to a “straight male macho stereotype.” In Bostock v. Clayton County, Georgia, Gerald Bostock, a gay man who worked as a Child Welfare Services Coordinator for the Clayton County Juvenile Court System, was fired after Clayton County learned of his sexual orientation, his participation in a gay recreational softball league, and his promotion of volunteer opportunities with the County to league members. His lawsuit alleged that the County falsely accused him of mismanaging public funds as a pretext for discharging him, with the real reason being his sexual orientation. The U.S. Courts of Appeals in these cases reached mutually exclusive interpretations of Title VII’s language prohibiting discrimination “because of … sex.” In Zarda, the Second Circuit, sitting en banc, overruled its prior caselaw to conclude that Title VII prohibits discrimination based on sexual orientation. In Bostock, however, the Eleventh Circuit followed its longstanding precedent that Title VII does not support an action for sexual orientation discrimination. The U.S. Supreme Court subsequently granted certiorari in both cases to clarify whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII. To discuss the cases, we have John J. Bursch, Owner, Bursch Law PLLC. *Please note that Mr. Bursch argued a related Title VII case before the Supreme Court this term, Harris Funeral Homes v. EEOC. As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
Living in a loosely regulated society, the very term “social norms” can be vaguely threatening, as if these norms are a threat to freedom always lurking on the periphery. But cultural psychologist Michele J. Gelfand says norms are not the enemy – they are one of our most important inventions.
“Culture,” she says, “is this set of values, norms, and assumptions about the world that we’re socialized into from the time we’re babies. We follow social norms and we need social norms to navigate. It’s really an incredible human invention that helps us predict each other’s behavior and coordinate on large-scales on a regular basis.”
That said, Gelfand definitely understands that social norms can seem threatening – or reassuring – based on your perch. That’s the basis of her substantial body of scholarship, and it’s a concept neatly encapsulated in her 2016 book, Rule Makers, Rule Breakers: How Tight and Loose Cultures Wire Our World.
In her work and her book, Gelfand explores the continuum between “tight cultures,” which strictly enforce and adhere to social norms (think Singapore), and “loose cultures,” which are much more permissive (such as the United States). But in all cultures norms, are, well, normal. We’re constantly following norms – Gelfand points out how people always face the door of an elevator as they ride up and down – and it’s only when we break them that we realize how important they are.
“Social norms are the glue,” she tells interviewer David Edmonds in this Social Science Bites podcast, “that keep people together.” How much glue do we need? Gelfand describes the “simple tradeoff” between tight and loose cultures: tight opts for more order and so reaps some of the hallmarks of that, like less crime and more uniformity and more self-control, while loose aims for openness, which can result in more creativity, tolerance for differences, and openness to change.
Gelfand also discusses factors that cause the evolution of these differences. One major contributor is the degree to which groups face ecological and human threats (think constant fury from Mother Nature or the threat of invasions). Groups that have a lot of threat need more rules to coordinate to survive—so they tighten, while groups that have less threat can afford to be more permissive. Other factors that promote the need for coordination also lead to tightness (like working in agriculture versus hunting and gathering).
Asked if her depiction is a little too neat, Gelfand tells Edmonds she “love[s] the exceptions ... no theory can be a one-to-one prediction.” Plus, her descriptions are “dynamic constructs – they are not static – they can change over time.” As an example, during times of external threat, looser cultures may tighten up (although it takes much longer, she notes, for tight cultures to get demonstrably looser when pressure wanes).
While Gelfand avoids saying one direction is better or worse than the other (and it is a spectrum, not a binary), the extremes of both – tight to repression, loose to chaos – are a concern. She notes that people experiencing either extreme, whether in a company or a country or a household, become dysfunctional. She calls this “the Goldilock’s principle of Tight-Loose”—and argues that groups that are getting too tight need to insert some discretion (what she calls “flexible tightness”) while groups that are getting too loose need to inserts some structure (what she calls “structured looseness”).
Gelfand is a Distinguished University Professor in the Department of Psychology and affiliate of the RH Smith School of Business at the University of Maryland, where she runs the interdisciplinary Culture Lab in the school’s the Social Decision and Organizational Sciences group. As she says on the lab’s ‘About’ page, “We work with computer scientists, neuroscientists, political scientists, and--increasingly--biologists to understand all things cultural.”
In addition to her best-selling book, Gelfand has seen outside validation, such as from the American Academy of Arts and Sciences which elected her to membership in 2019; from the American Psychological Association, which named her the 2017 Outstanding International Psychologist; and the Society for Personality and Social Psychology, which gave her its Diener Award in 2016 and Outstanding Cultural Psychologist award in 2019; or the Alexander von Humboldt Foundation, which bestowed its Annaliese Research Award.
It's our first-ever listener questions episode! On this Short Wave, listener Charlotte asks why some people seek out scary experiences. We reached out to Ken Carter, a psychology professor at Oxford College of Emory University, for answers. Turns out, some of us may be more wired to crave the thrill. Follow Maddie on Twitter @maddie_sofia. Email the show at shortwave@npr.org.
We're talking about a historic vote in the House, a new immigration rule facing a legal challenge, and why there's a price hike to join the Boy Scouts.
Plus: what to expect from the Apple TV+ launch today, what to know about a creepy Instagram app, and a Daylight Saving Time reminder...
Those stories and many more in less than 10 minutes!
Award-winning broadcast journalist and former TV news reporter Erica Mandy breaks it all down for you.
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As the national debt grows larger and larger, our lawmakers continue to spend obliviously--and even on frivolous things. Sen. Joni Ernst, R-Iowa., is not happy about how much government agencies are spending on swag, and she recently introduced legislation to end things like the government spending over $600,000 on coloring books.
We also cover the following stories:
Two Democrats buck the party line and do not vote for the impeachment resolution.
A National Security Council official who heard the Ukraine call told House Members, “I want to be clear, I was not concerned that anything illegal was discussed."
House Speaker Nancy Pelosi addresses the resignation of Rep. Katie Hill.
This week's Rapid Response Friday breaks down exactly what's in H.R. 660, the impeachment inquiry resolution, and what it means for the ongoing process. We also help you digest the legal significance of Alexander Vindman's testimony and much, much more, so strap in!
We begin, however, with Thomas's favorite segment -- Andrew Was Wrong. Here, Andrew issues a correction regarding baseball law and the chemistry of high-fructose corn syrup (HFCS) from our popular Pizza, Beer & Guns episode.
After that, it's time for a trip up Yodel Mountain where we digest H.R. 660, the soon-to-be-passed resolution authorizing the House Intelligence Committee to take the lead on the impeachment inquiry. Is it "still without any due process for the President," as the White House claims? [No.] As a bonus, we also break down the companion change to the rules adopted by the House Rules Committee pursuant to the resolution that's managed to confuse a number of media outlets.
But that's not all! While we're high atop Yodel Mountain, we also break down the significance of Alexander Vindman's testimony this week regarding the Trump administration's holding hostage of aid to Ukraine pending an "investigation" into Burisma, and Hunter and Joe Biden.
After all that, it's time for #T3BE, in which Thomas tackles a dreaded real property question -- this one about whether a grantee can revoke an easement. Those are words! Will Thomas decipher them?
Upcoming Appearances
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On The Gist, presidential incompetency at its finest.
In the interview, Maria Konnikova is back for “Is That Bullshit?” She and Mike figure out what are really in Impossible and Beyond burgers and if they’re healthier than red meat burgers. Maria’s latest book is The Confidence Game.
In the Spiel, the ridiculous world of taxonomy.
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