to what extent do you see enda or whatever iteration of enda we are at right now having an impact in the nature of at will employment? and second, how would this differ, if at all, from protections against race discrimination? >> well, one of the points that i make in my written testimony is that i'm afraid that and i think i repeated in my oral testimony, that i am afraid that we are moving away from the general presumption that we ought to have, that people should be able to use their private property the way that they want to use their private property. and that employers should be able to make personnel decisions without interference from the government. this is something that goes along with out at will employment. and there should be a presumption against the government at any level stepping in and saying that well, you know, we know better than you whom you should hire and whom you should promote. and there should be an especially strong presumption against the federal government passing a law that second guesses employers in this regard. and one reason for that i think you al

to what extent to you see enda, or whatever iteration of enda we're at right now, having an impact on the nature of at-will employment? and second, how would this differ if at all from protections against race discrimination? >> well, one of the points that i make in my written testimony is that i'm afraid that -- and also i think i repeated it in my oral testimony -- is that i'm afraid that we're moving away from the general presumption that we ought to have, that people should be able to use their private property in a way that they want to use their private property, and that employers should be able to make personnel decisions without interference from the government. this is something that goes along with at-will employment. and there should be a presumption against the government at any level stepping in and saying that, well, we know better than you whom you should hire and whom you should promote. and there should be an especially strong presumption against the federal government passing a law that second-guesses employers in this regard. and one reason for that, i think you a

i don't want that to occur here if enda is passed. because of the way that gender identity is defined in the current version, enda prohibits discrimination on the basis of quote, gender related characteristics. can you give me some help on what that might mean? for example, in the price water house case we had a plaintiff who argued that she had not been promoted because she was i guess we could call it you know, she was pushy as a female, and she said that same characteristic would be regarded as a assertiveness in a male. so is assertiveness versus non-assertiveness, is that a gender-related characteristic. is it long hair versus short? employers are going to look at that and want some guidance as to what that means. anyone? >> well if gender-related means gender correlated which i think is certainly one way you could interpret this then i agree that, you know this is opening a real pandora's box. you could probably find social scientists or statisticians that could find all kinds of characteristics that have some kind of correlatio

so do you feel like there should be bflgs for enda? >> well, again i'm not particularly interested in fine-tuning enda to make it a better statute, because i think it's a bad statute from beginning to end. i don't think congress has authority to pass it. i suppose that if enda were passed, i would want a bflq in it, yes. >> and what would that look like to you? >> well, i think it would be parallel to the bflq language in title 7, which follows the prohibition in title 7, of discrimination on the -- well, it lists the kinds of discrimination that are illegal. but then it says that this is 703-e. and it says that there's an exception where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the operation of that particular business or enterprise. >> and what kind of religious accommodation, if any, would you think would be appropriate? >> again it would not be limited to religious context. i mean, i think that there could be other instances where there would need to be a bflq for discrimin

>> i want to talk about enda. and this i guess is directed to you, ms. goldberg. listening to your testimony this is starting to sound like one of those situations where you've got a bill pending in congress. i think commissioner achtenberg set for 20 years. it's been controversial but it hasn't passed yet, and i think suddenly it sounds like well you know, title vii really covers all this anyway. could you tell me what enda would cover that you believe is not covered by title vii? >> i think the main issue with respect to enda that i could comment on is that the courts have not taken a uniform position by any means with respect to the interpretations of title vii sex this commission speeded against what you were saying earlier then, were there some cases you didn't discuss that found that these were inappropriate and not covered by title vii? >> oh, there certainly are a number of those cases. >> why did you leave them out of your statement? >> i didn't. they are discussed in the cases such as the mohammad, in the brief such as the mohammad briefs, the sachs and

the upside down rever enda is likely to add confusion giving impetus to keeping the law in place.he plastic bag alliance is expected to mounted a $10 million campaign in the name of saving jobs. none are in california. >> just when i started remembering and getting in the habit of bringing my bags into the grocery store. >> i think you will be bringing them in too. >>> "today in the bay" is back after this break. coming up, we will show you some panthers that are out on the prowl at disney world. this bay area high school dance team collected some hard-earned hardware at the happiest place on earth. you don't want to miss that story. >>> you are waking up to clear skies as far as the eye can see. no fog except through the sun nola grade. we are going to detail our next chance of rain that arrives tomorrow coming up after this. >>> back with breaking news. a small vegetation fire is burning in san jose this morning. near the 280/8 interchange. the fire is at a homeless encampment in that area. fire crews are on the way to the scene. smoke is not causing too much trouble on the high

. >> what do you mean you didn't endaing danger anybody? you were standing on your bike going 100 miles an hour. >> and he had the nerve to say did he seriously have to try to kick me off of my bike? it was a chase that had hearts pumping and all this woman wanted to pump was gas. >> look at this guy! look at this. >> where is the pothole when you need it. >> see you in a minute. k in tonesia. >> the governor of virginia is calling for an investigation after an african-american college student was bloodyied during an arrest. >> plus the u.s. says it's reassessing its relationship with israel

can you tell me what in the wood cover -- any tell me what enda would cover that you believe title vii does not cover? >> the issue, with respect to eenda that i can comment on. the courts have not taken a uniform position. with respect to the interpretation of title vii. >> some cases you did not discuss with us. these theories were not -- were inappropriate and were not covered by title vii. >> there certainly are a number of those cases -- >> >> why did you leave those out? >> they are discussed in the cases, such as the mohammed brief. the others that are referenced in my testimony. the commission goes through and discusses why those decisions do not use the correct analysis. there certainly are a wide range of approaches. the case law is not consistent. there are -- particularly on -- >> could you give me a hint as to how the courts are going the other way? >> with respect into -- with respect to sexual orientation claims, the courts that have rejected title vii sex discrimination coverage have ruled applying decades old case law, that sexual orientation dissemination is excluded

let's bring in and occur in -- enda curran. what is driving this question mark >> strong economic recovery is driving exports from china and japan. because the chinese new year fell in february exporters ramped up production. that is why we see a big jump. >> last year, we saw a big slide downward as china clamped down on export numbers. those were some shenanigans they were trying to keep control of. >> they have tightened up on that now. >> and if you take a look at january-february, on average, it grew 50%. that is above the expectations. >> there is a pickup in exports for sure, one of the rare good signs from china's economy recently. >> the bad news is imports were really week. -- weak. >> they are skewed due to price of oil, iron ore, and all of the other commodities. but the trend for imports in china is actually quite healthy. it has showed that the assumption is holding up to some degree. it is not as strong as it has been in the past. >> a lot of people reading that week domestic demand is dragging down what the chin

at this point in time we don't have that. >> i'm curious about the lack of exception in enda and then enter title vii players are paid to higher on the basis of sex if it's a bona fide occupational job like bathroom attendant topless dancer prostitute or rape counselor. why is there no bona fide occupational -- >> i cannot speak to a particular version of the legislation pending in congress. i know obviously as commissioner achtenberg said there've been a number of versions including one in the last congress and they are not the same. i know congresswoman polis had originally been scheduled by your permission to be on this panel perhaps to address specific questions about the legislation. i think the piece that i can speak to is the interaction with title vii and the development of the case law under title vii and what a federal employment nondiscrimination law prohibiting discrimination explicitly based on transgender status and sexual orientation would add is clarity and consistency for our stakeholders. we don't know how the courts will rule as this issue continues to percolate in

it's what i call a funny thing happened on the way to don passage of enda. -- non-passage.ften say i don't have kids, biological or doctor. i have laws. instead of a boy it's a law. loss have lots of parents and they often take more than nine months but in a way would happen with enda is that we discovered it was this older sibling who had essentially been overlooked. not understood in terms of what it prohibited or so the first case was important in its default is the one you've heard about already price waterhouse singh you can't act on the basis of gender stereotypes, and justice scalia writing for unanimous court said sure, the 19th 60 for congress was not, sir, so that's the gender stereotyping. the next case about 10 years later to do with same-sex sexual harassment, justice scalia writing for unanimous court said yes, you can show it because of sex, same-sex, sexual harassment is covered. in the 60 for congress was a think about same-sex sexual harassment but we are governed by the words of the law not by the intent. enterprise waterhouse and transgender folk started

irish prime minister enda kenny visited the white house this week to celebrate st. patrick's day. he seemed pretty excited to meet with president obama. and he went to shake obama's hand, and, well, check out what happened. >> well, it is a great pleasure -- [ laughter ] [ laughter and applause ] >> jimmy: that's what they call the old shamrock no-shake. [ laughter ] can i have a shamrock no-shake, please? some international news. russia confirmed that kim jong-un will be traveling to moscow for the country's victory day celebrations. although, it could get awkward when he gets there and russian people try to crack him open to see if a smaller kim jong-un's inside. [ laughter ] [ laughter ] [ russian accent ] "it's an angry peanut." [ applause ] angry peanut? listen to this. a lawmaker in nevada just introduced a new bill that would provide pets with medical marijuana. [ laughter ] weed for pets. which raises the question, is it possible for cats to sleep 25 hours a day? is that possible? [ applause ] because that's going to happen. i read that microsoft is finally phasing out int

president obama will meet irish prime minister enda kenny on march 17th to talk about what the whitese says are issues of mutual concern. >>> and india's government sensors blocked "fifty shades of grey" from being released but did say that universal pictures could appeal that decision. universal and cnbc are both units of our parent company comcast. that is your news update for this hour. back to you. >> thanks so much. coming up, the burger trade, an upgrade for mcdonald's. the analyst who made that call makes his case right here. the question is do our traders take a bite. and next, as the nasdaq continues to hover below 5,000. talking monday for the first time in 15 years, worried about another bubble, correction, anything like what we saw in 2000. steffen patter" note had a front row seat to the boon and bust running the globe.com the differences and similarities this time around when we come back. . >>> all right. it's down today but with the nasdaq hitting 5,000 for the first time in 15 years this week, we've been looking back and forward asking the question of whether a new t

we went to foia.gov enda says it is a law that you should write to access information from the federal their government. take us deeper into the. when did it start? why did it start? how has been working? >> guest: 1966 was when it was passed. it has been amended several times to clean it up try to break into the electronic age encompass things like e-mail and text messages. this is one of the fundamental tenets of democracy in the u.s. when it comes to transparent government and holding government accountability, holding government accountable. it is the closest equivalent to a citizen subpoenaed. you can demand that the government turn over records related to its activities and are only about nine different categories of exceptions, exceptions to the law. for example, you can't answer something that may be classified or soviet-made national security applications. >> host: what do people what do folks want to know? >> guest: a lot of veterans ask for their medical files under the freedom of information act. people want to know what the government is saying or doing about them or subje

>> i of not particularly interested to find tune enda if think it is bad from beginning to end in congress does not have authority to pass it but i would like bfoq to be in at yes. >> what would that look like to you? >> it will be parallel to the language of title seven which follows the prohibition of discrimination that this is 703e there is an exception that it is a bona fides qualification reasonable and necessary to the operational know-how to that particular business or enterprise. >> what type of religious accommodation if edney would do you think would be appropriate? >> it is not limited to a religious context. there are other instances if there is the bfoq for discrimination on the basis of sexual orientation and i described added my oral testimony. if you have a caregiver and the customer said i am not comfortable this is an intimate situation. i'd want them to be somebody where sex is an issue or with sexual attraction by the individual. i am a straight male therefore i don't want women and know what women to bait me because of privacy reasons and i don't want a gay man to bea

. >> president obama met with irish prime minister enda kenny at the white house to mark st. patrick's day. the president spoke about the relationship between the two countries and touched on a number of issues, including immigration, trade and security. president obama: everybody ready? well it is a great pleasure to once again welcome my good friend and colleague, prime minister kenny back to the white house and the oval office. along with his delegation. this is always one of my favorites. it allows me to trot out my irish heritage and brings back fond memories of my visits to ireland. it allows us to reaffirm the incredible friendship and family ties between our two countries. the visit comes at a time when ireland is on the move, after a very challenging financial crisis. finances have stabilized, the economy is now growing again. unemployment is beginning to come down. creating jobs in the u.s. an island. one of these is the potential for eight transatlantic trade partnership between the u.s. and the eu. we had discussions about how we can continue negotiations on those

. >> president obama met with irish prime minister enda kenny at the white house to march -- mark's and president day. the two touched on a number of issues, including trade and security. president obama: everybody ready? well it is a great pleasure to once again welcome my good friend and colleague, prime minister kenny back to the white house and oval office is -- along with his delegation. this is always one of my favorite affairs, as it allows me to trot out my irish heritage and brings back incredibly fond memories of my visits to ireland. and it allows us to reaffirm the incredible friendship and family ties between our countries. the visits are the time when ireland is on the move. after a very challenging financial crisis. and economic recession. under leadership, the economy has stabilized. there are terrific opportunities for us to collaborate in creating jobs both in the united states and in ireland. one of those areas is a potential for a transatlantic trade partnership between the united states and the european union. and we had discussions about how we continue negotiation

rational employer would ever discriminate on the basis of sexual orientation, it does not follow that enda should be passed. there are other objections to it that i discuss in my written testimony, plus another one. if discrimination on the basis of sexual orientation is always irrational, then employers that engage in such discrimination will be at an economic disadvantage and the market will punish them. they are not hiring the best qualified people. that is bad for business. indulgeing their taste for discrimination will make it more likely they will be driven out of business by the national competitors in the market place. this was a point made by besser who won the nobel peace prize in economics. so if it is true that no employer engaged on the basis of discrimination, the market will take care of the problem. thank you very much, mr. chairman. i'm happy to try to answer any questions that the commission may have. >> i'm sure we'll have them. miss kendall. >> good morning. mr. commissioner, miss vice commissioner, it is a pleasure for me to be here. my name is kate kendall and i'm exe