[BDSM-LegalIssues] Re: New book -- good but disturbing
--- In BDSM-LegalIssues@
>
> > -----Original Message-----
> > From: cadenas_sd
> > Sent: Saturday, January 05, 2008 2:14 AM
>
> > > > What Malc (and others) here conveniently ignores is that
> > it is quite
> > > > possible to legally balance the rights of the employer and the
> > > > employee. There are jurisdictions (with the cite of the BC human
> > > > rights law I provided) that protect the employee but
> > allow employers
> > > > to dismiss/not hire if the arrest/record is relevant to the job.
> > >
> > > I don't ignore it more than any employer would!
> > >
> > > Read what Tatu wrote about how his clients act in practice: no-one
> > > gets fired for being arrested, no-one fails to get hired for being
> > arrested, they
> > > get fired/not hired for other reasons, and good luck if you try to
> > > prove otherwise!
> >
> > I don't think there is much argument about that here. The
> > question is simply whether this is appropriate.
>
> Ah, the paper tiger approach to public policy! We need laws to
> prevent a situation that doesn't exist! Whoo!
Huh? Where do you get this "does not exist?"
> > And, by the way, the issue of trying to prove exists in every
> > wrongful termination and discrimination lawsuit.
>
> Of course, and most of the time in "at will" states it's a
> non-starter.
Actually, they seem to be fairly successful. Because of the difficulty
to prove intent, it is often enough to just prove that a decision
resulted in an inappropriate action. For instance, if your company has
a policy of only hiring blonde people because dark hair does not look
good with their company uniforms, it would still be found to be
discriminating against blacks.
So the solution to the proof problem exists.
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posted by Annja Sue at
6:04 PM
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