Anita Hill pokes her head up from her Brandeis sinecure to accuse Justice Clarence Thomas of reinventing her in a New York Times editorial.
Justice Thomas has every right to present himself as he wishes in his new memoir, “My Grandfather’s Son.” He may even be entitled to feel abused by the confirmation process that led to his appointment to the Supreme Court.
But I will not stand by silently and allow him, in his anger, to reinvent me.
In the portion of his book that addresses my role in the Senate hearings into his nomination, Justice Thomas offers a litany of unsubstantiated representations and outright smears that Republican senators made about me when I testified before the Judiciary Committee — that I was a “combative left-winger” who was “touchy” and prone to overreacting to “slights.” A number of independent authors have shown those attacks to be baseless. What’s more, their reports draw on the experiences of others who were familiar with Mr. Thomas’s behavior, and who came forward after the hearings. It’s no longer my word against his.
That comment hit me between the eyes because of something I read about Anita Hill sometime back:
In late September, in the parking lot of Baptist Hospital in Oklahoma City, a woman was returning to her car when she saw another car back into it with a good deal of force. The woman ran over to her car to talk to the person who hit it. But the other car sped off. The woman jumped into her car and followed the other car, copying down the tag number. Through contacts at the Department of Motor Vehicles, she found the name of the owner of the car that hit hers: Anita Hill. That evening, the woman called Hill and confronted her. And Hill's immediate response was: "It's your word against mine." End of discussion.
Its a little amusing to hear Hill complain about smears when her entire career is founded on one. Before her 1991 testimony, she was a sad product of the affirmative action program--a Yale law school graduate who couldn't perform at the prestigious law firm that hired her, and who was getting passed over for promotion at the EEOC (Equal Employment and Opportunity Commission). After standing up to represent feminist interests, she graduated into a sort of advanced affirmative action program--one where her notoriety would guarantee the prestige she sought without the burden of merit.
After leaving Washington, Hill fared even worse as a law professor, according to many of her former students at Oral Roberts and the University of Oklahoma. (While several students I contacted offered no comment on Hill, none had anything good to say about her.) "We had some high-quality instructors and we had some bad ones," says one former Oral Roberts student. "Anita Hill was the worst of the lot."
According to several students, Hill was known to show up late and unprepared for class, and not show up at all for her scheduled office hours. One student described her as "kooky." Another said, "She had no grasp of the material, and when she was asked a question she couldn't answer or was challenged in any way, she would get visibly angry and then say something irrational, like 'Well, the case was decided that way because women are always right.'" Another refrain favored by Hill was that "It doesn't matter who's right or wrong, it's who controls the court."
Granted, this is hearsay, but so is Hill's claim of "other reports" of Thomas' behavior. Thomas had been through multiple confirmation hearings and had endured three months of attacks before Hill ever testified. Sexual harassment is almost invariably the product of an environment and culture where it is normalized. Bill Clinton was (is?) a serial sexual harrasser, which is pretty typical for the phenomenon. If Thomas had a similar history, it would have become apparent very early on.
Hill seems to like equivocation--the half-truth.
When asked by Biden about the circumstances of her leaving the firm, she replied: "I was interested in seeking other employment. It was never suggested to me at the firm that I should leave the law firm in any way."
True on its face, but not a full disclosure.
In an affidavit submitted to the Senate Judiciary Committee, John Burke, Jr., the Wald, Harkrader partner who coordinated assignments for attorneys in Hill's division, told of his evaluation of Hill in late winter or early spring 1981: "I expressed my concerns, and those of my partners, that her work was not at the level we would expect from a lawyer with her credentials, even considering the fact that she was a first-year associate. During the course of that performance evaluation, I suggested to Anita Hill that it would be in her interest to consider seeking employment elsewhere because, based on the evaluations, her prospects at the firm were limited."
Even today, no corporation is going to fire a black woman even if she's illiterate. Her value as a token of "diversity" is simply too great. Hill didn't leave because she was going to be fired, she left because she had no future at the firm.
Similarly, Hill's "refutation" of the charge that she's a left-wing harpy is pretty weak tea. We are supposed to believe that working at a Christian university is tantamount to Christian orthodoxy. My friends at Brigham Young University laugh at the notion. While Christian universities would prefer to hire believing Christian faculty, the reality is that the quality of the faculty is an overriding concern. Just as BYU has a lot of "nominal" Mormon faculty, Oral Roberts is well-disposed to hire a black, female law professor--nice Christian girl or not.
Of course in Hill's world, not one is incompetent, oversensitive or just plain socially dysfunctional.
Regrettably, since 1991, I have repeatedly seen this kind of character attack on women and men who complain of harassment and discrimination in the workplace. In efforts to assail their accusers’ credibility, detractors routinely diminish people’s professional contributions. Often the accused is a supervisor, in a position to describe the complaining employee’s work as “mediocre” or the employee as incompetent. Those accused of inappropriate behavior also often portray the individuals who complain as bizarre caricatures of themselves — oversensitive, even fanatical, and often immoral — even though they enjoy good and productive working relationships with their colleagues.
Finally, when attacks on the accusers’ credibility fail, those accused of workplace improprieties downgrade the level of harm that may have occurred. When sensing that others will believe their accusers’ versions of events, individuals confronted with their own bad behavior try to reduce legitimate concerns to the level of mere words or “slights” that should be dismissed without discussion.
Actually, its pretty easy to get a sexual harassment charge taken seriously, in fact the charge is usually enough to get the accuser a cash settlement and a glowing letter of recommendation tto take to the next victim. (I've seen it with my own eyes...).
The moralizing is a little hard to take--Hill reported that the harassment started within four months of being hired, but she stayed with Thomas for three years, even moving from Education over to the EEOC. She filed several sexual harassment charges while she was there--none against Thomas. Her testimony was completely and total an organized smear against a man who dared to deviate from ideological strait jacket white liberals had designed for blacks.
Not surprisingly, Hill had to speak out--her entire life since 1991 has been built on the myth of her victimhood. In many ways, she is far worse off for the experience than is Thomas. Thomas has had to deal with his anger at the injustice of it all, by Hill has to live a lie, perhaps for the rest of her life. It must be hell.