2A - Thursday, November 20, 2014 The Michigan Daily - michigandaily.com 2A - Thursday, November 20, 2014 The Michigan Daily - michigandailycom ~ -11 W HAT'S YOUR M AJOR? Beach Boys, mathematics inspire LSAju k Goodney it out in advance, maybe I but not make music. We want- Yes. too impor- could say I would be a pretzel ed to see how many likes on Actuarial mathematics. rod or something. Facebook we would get. LSA junior Patric doesn't think he's tant, apparently. Sojust to start off,ifyou couldbe a pretzel, what kind would you be? (Pause.) Is this an actual question that would you put in paper or is this a warm up? No, this is a real question. That's kind of a ridiculous question. I can ask a different question if that makes you uncomfortable. Yeah, I would prefer that. I feel like questions like that just ask what my favorite pretzel would be. If I thought Pop is plain BY DANIELLE RAYKHINSHTEYN This arts blog addresses the transition artists make from their original genre to pop, which is argued to have lyrics that are designed only to be catchy. Jason Derulo is exemplified here. Though his first songs were never terribly deep, it's contended than later hits, like "Wiggle" are even more base. THE FILTER New single BY LEJLA BAJGORIC The newest single by Common, which includes verses from Malik Yusef and Kumasi, encourages listen- ers to involve themselves in the environmental move- ment. Bajgoric comments on the song's relatability and catchiness paired to the seriousness of its message. Okay, what's your favorite kind of pretzel then? My favorite kind of pretzel is the... thin regular pretzels that are like kind of skinny sticks. ShouldI establish some sort of personal relationship I have with them? No, that's OK. Tell me some fun facts about you. I don't have fun facts about me. Nothing at all? Um ... OK... I had a fake band in high school. Some other kids and I tried to start a band How many did youguys get? Fifty. It was not that success- ful ... ugh, I really have noth- ing to say. Why don't youthink you're important or interesting? You have so much to offer the world. Maybe that can be the topic of the interview. So you could ask, 'Patrick why are you the worst human ever?' Um, OK. So what's your major? What is my major? OK.Why? So like when Iwas goingoutcof high school I was like, 'Man, I'm going into college at the U of M, I should probably figure out a major that is good for me.' I typed into Google 'top paying math jobs' because I'm good at math. Actuarial math was the top one and that was literally all the thought I put in to my major ... ugh, I don't wanna look like a ditz. Well, what have been your most impactful experiences as a math major? I literally have nothing pro- found to say off the top of my CAMPUS EVENTS & NOTES Environmental Truth about Disparities in lawlecture lies lecture cancer care nior head about my life. I started taking all the right classes recently. I'm just an idiot and getting a late start. I literally have nothing else to tell you. I'm not proud of anything I am saying right now or could say. OK, how do you spend your day? I don't know how I spend my day. I go to class, I don't know. On the most perfect Saturday of your life, what would happen? (Fake sobs.) CanI go on a rant on how much I love the Beach Boys? - RACHEL PREMACK RtT iGS YOU An Iowa man was arrestedby Secret Service Wednesday after they discovered that his vehicle, parked near the White House, contained numerous weapons, USA Today reported. Agents could not identify what the man's plans were in D.C. The Arts section examines the University's ice carving team and gives a preview of this season's MUSKET performance, "Sweeney Todd: The Demon Barber of Fletcher Street." FOR MORE, SEE B-SIDE Arizon Attorney General Thomas Horne has filed suit against General Motors, The New York Times reported. Horne claims the automaker defrauded consumers in his state of around $3 billion. Newsroom 734-418-4115 opt.3 Corrections corrections@michigandailycom Arts Section arts@michigandaily.com Sports Section sports@michigandaily.com Display Sales dailydisplay@gmaitcom Online Sales onlineads@michigandaily.com The idci lan BID 0 420 Maynard St. Ann Arbor, MI 48109-1327 www.michigandaily.com PETERSSHAHIN DOUGLAS SOLOMON Editor insChief ousiness Manager 734-41s-4115 ext. 1250 734-408-4000 ext. 0240 pjshahin@michigandailycom dougsolo@michigandailycom WHAT: Stanford Law Prof. Michael Wara, a former geochemist and climate scientist, will discuss climate and electricity policy. WHO: Michigan Environmental Law and Policy Program WHEN: Today 11:45 a.m. to 12:45 p.m. WHERE: South Hall, Room 2010 Demonic soundscapes WHAT: Stephen West, professor of Chinese at Arizona State University, will talk about how the senses factor into Chinese plays about demons. WHO: Confucius Institute WHEN: Today from 4 to 5 p.m. WHERE: Michigan League Henderson Room News Tips news@michigandaily.com Lettersto the Editor tothedaily@michigandaily.com Editorial Page opinion@michigandaily com Photography Section photo@michigandaily.com Classified Sales classifed@michigandaily.com Finance finance@michigandaily.com WHAT:Formerf60 Minutes reporter Chuck Lewis will discuss the ways governments, corporations and media manipulate the truth. 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Oe coy , i o:o:saviblfreoago al adrs. Additioncoies yn be picku e "ffic $ .uscitonb s for:h ller,*sa *tni *Sepembevia US.malar$". Winter term (January through Apri> is $11, yealong (September through Apri) is $19. University afiliates are subject to a reduced subscription rate. On-campus subscriptions for fal term are $5. Subscriptions must be prepaid. The Michigan Daily is a member of The Associated Press and The Associated Collegiate press. .. . . ,f ,., , IDENTITY From Page 1A sary for the protections of trans- gender peoples to be included. In an interview last week following the introduction of Foster's bill, State Rep. Adam Zemke (D-Ann Arbor), who co-sponsored Singh's bill, called Bolger's interpretation of the issue incorrect. "With all due respect to Speak- er Bolger, he's mistaken in that regard," Zemke said. "Discrimi- nation, as it's enumerated under Elliott-Larsen, is often handled asa state's rights issue and that's what we're seeing here, and that's what we're trying to push forward." When it comes to the nuances of the current legal record on gender identity and expression protec- tions, the short answer is that the Democrats and the GOP are both right and also both wrong in some respects. The long answer is that the legal status of those protections is complicated but facing undeni- able uncertainty for a number of reasons, according to practicing employment discrimination law- yers and experts in the state. H-M Employment discrimination plaintiffs in Michigan have two options for recourse available to them: to file in the state's courts under ELCRA or to file in the fed- eral court system under either the 1964 Civil Rights Act or both the Act and ELCRA. Trial attorney Charlotte Croson is a partner at the Bingham Farms- based law firm Bogas, Koncius & Croson, which focuses on civil rights litigation. Croson said there are several reasons a lawyer and plaintiff might choose to file in state court as opposed to federal court when it comes to employment discrimi- nation cases, and vice versa. The process and legal precedentfortwo court systems differ. "Michigan discrimination case law differs in some significant ways from federal discrimination case law," Croson said. "It's sort of a lot to go through, but there are differences, so it's up to the lawyer and her client to determine which venue is appropriate for them to be in." Much of the uncertainty that specifically concernsgender iden- tity and expression protections comes from the difference in case law - a term for legal precedent - -UM on the state and federal level. In 1989, in Price Waterhouse v. Hopkins, the U.S. Supreme Court ruled that protection against sex discrimination, as outlined in Title VII of the 1964 Civil Rights Acts, also encompassed the con- cept of sex stereotyping - dis- criminating against individuals because they were perceived to not conform with traditional ste- reotypes for their gender. Though the case did not include a trans- gender plaintiff, two federal appeals courts have employed its precedent in cases that directly reference gender identity and expression protections. One of those courts was the U.S. Sixth Circuit Court of Appeals - which includes Michi- gan in its jurisdiction - when it ruled in favor of a transgender plaintiff in 2004 for Smith v. City of Salem. This means that, as of 10 years ago, it is possible to sue for transgender protections under sex discrimination in federal courts in Michigan, Ohio, Ken- tucky and Tennessee. It is also true that, in 2012, the U.S. Equal Employment Oppor- tunity Commission found in the case of Macy v. Holder that discrimination on the basis of gender expression or identity is included in Title VII's protec- tions against sex discrimination. The EEOC is the federal agency charged with enforcing laws against employment discrimina- tion, litigating and investigating on behalf of individuals whose claims they deem valid. Broadly, the 2012 decision means that if the EEOC receives a claim of discrimination from a transgender individual, they are now able to pursue it under the mandate against sex discrimina- tion nationwide. In an e-mail follow-up, Bol- ger spokesman Ari Adler noted several legal citations for the Speaker's position, namely both the 1989 Hopkins Supreme Court decision and the 2012 EEOC Macy decision, along with sev- eral cases in the Sixth Circuit, starting with 2004 Smith. Law Prof. Samuel Bagenstos said there is set precedent on the federal level because of cases like Smith and Macy. He noted, how- ever, that overall precedent on the issue is still developing, leav- ing uncertainty about what may eventually be determined by a higher court. Fewer than 10 district courts and one appeals court across the country have also ruled in favor of including the protections. That's a small chunk of the 94 district courts and 13 appeals' courts, which would rule on the issue. Moreover, the U.S. Supreme Court has yet to rule on the issue. "There is a series of cases that do this - it is, as I said, a trend that's moving forward," Bagens- tos said. "It's not entirely certain which way the courts are going to ultimately go on these ques- tions." But the most immediate lack of clarity for Michigan plaintiffs lies in what that evolving discus- sion on inclusion at the federal level means for the state courts, who currently have no prece- dent set specifically for offering gender identity and expression protections under sex discrimi- nation. These are also the rulings that most directly impact ELCRA, the act currently being discussed for amendment by legislators. While state courts can be aware of federal precedent, such as that set in the Sixth Circuit, they are not obligated to follow it. Whether the EEOC will repre- sent a certain group in court also is not binding to state or federal precedent. Trial lawyer Deborah Gordon, former president of the Labor & Employment Council of the State Bar of Michigan, said that, in her experience, the EEOC is ahead of the courts when it comes to these kinds of issues. "If (Bolger) is talking about an EEOC advisory, or something the EEOC has ruled, that and a dollar will get you a candy bar," Gordon said, "I mean, the only thing that matters in court is cases from judges." In further explanation of Bolg- er's position, Adler noted several state cases that set precedent for gender stereotyping to be cov- ered under sex discrimination - for instance, a man who identifies as male but does not act "mascu- line enough" being rejected for housing. Now, in Michigan, a case in which that definition is extended to a transgender person must occur in order to set prec- edent that ELCRA applies to gen- der identity and expression. This is similar to the path cases took on the federal level to set precedent, but Adler acknowl- edged that no state cases as of yet have directly concerned trans- gender plaintiffs. Bolger is confident that the state courts would adopt the fed- eral stance and wasn't concerned about any uncertainty, Adler con- firmed. However, both Croson and Gordon said the lack of precedent in state courts does not ensure success for the transgender plain- tiffs seeking gender identity and expression protections. "In order for (the transgender plaintiff's) claim to be protected under Michigan law, Michigan courts would have to adopt the same reasoning as the Sixth Cir- cuit has adopted, which it has not yet done," Croson said. "Will it do that? I do not know. So for the Speaker to assume that sex (dis- crimination) under Elliott-Lars- en would have the same meaning as the case law as it's been devel- oped in the Sixth Circuit, I think is a stretch." Croson noted that Michigan courts haven't necessarily been active in declining to adopt the Sixth Circuit's reasoning; rath- er, it's not an issue that's been addressed. "I've never seen a case on it," she said. "They haven't rejected it, they haven't adopted it. It hasn't - as far as I can tell, under Michigan law, it hasn't been an issue." Bagenstos said overall, wheth- er to go through the courts or to go through the legislature to add these types of protections is a question of political and legal strategy. However, he said existing precedent and case law don't offer the same kind of protec- tion direct legislative inclusion of gender identity and expression in ELCRA would. "There is a very substantial legal argument that the sex pro- hibition discrimination in exist- ing laws do protect individuals who are discriminated against based on their gender identity, but it's uncertain how the courts will ultimately rule," he said. "The only way to be sure to provide protection to transgender indi- viduals is to make clear in the law that the law prohibits discrimina- tion based on gender identity." 0 0 FOLLOW US ON TWITTER! @MICHIGANDAILY 0 4 p