Nov 302017
 

All the revelations about inappropriate sexual behavior among so many of the country’s male entertainment and political figures got me thinking about how even as a swim teacher, where we necessarily had to wear next to nothing, we were still able to behave professionally.

And that reminded me of this post I wrote back in law school in response to a poorly-reasoned decision by Judge Kozinski, where he justified needlessly sexualized dresscodes, inequitably burdensome on women, with a throw-away line rooted in an incorrect assumption about what swim teachers wear.

As someone who taught swimming lessons for over twenty years, including up through law school and even a few years thereafter, I decided I was qualified to write the following post disabuse him, and anyone else, of such a view.

Strategic planning, empathy, tailoring one’s communication appropriately for one’s audience: these are all things that any swimming teacher and litigator must be able to do. Think convincing a jury is tough? Try getting a stubborn four year old to put his face in the water…

It also now seems that my alternate career has prepared me for significant constitutional inquiry as well. Note the question recently posed by Judge Kozinski in the en banc hearing of Jespersen v. Harrah’s:

“What if you employed swim [instructors] and you required they wear bathing suits? … I think it’s probably true that women’s bathing suits are more expensive.”

Well as it happens I can tell him a thing or two about that, having been a swimming teacher every summer (save three) since 1989. Continue reading »