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View Diary: Bipartisan legislation would ban employers from firing workers because they are gay (43 comments)

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  •  In most states, as an at will employee, you can (1+ / 0-)
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    coffeetalk

    be fired without cause, or just because they don't like your haircut.  You can't be fired, however, for an improper reason, like being a member of a protected class.   The hard part is proving motivation for your termination.   Even if the law changes, it won't make that much difference, unless the employer is really stupid.  

    The patellar reflex is a deep tendon reflex which allows one to keep one's balance with little effort or conscious thought.

    by SpamNunn on Fri Apr 26, 2013 at 04:10:28 PM PDT

    •  asdf (3+ / 0-)
      Even if the law changes, it won't make that much difference, unless the employer is really stupid.  
      As we've seen, such as in the recent case where a Washington State florist refused to provide flowers for a gay couple's wedding and where a B&B owner in Hawai'i  refused to provide accommodations for a lesbian couple, there are enough stupid employers, landlords, business owners and what-have-you around that cases can and will be won.

      There is no way to guarantee that NO discrimination based on sexual orientation will EVER AGAIN take place if this law passes any more than racial discrimination died as soon as the civil rights laws of the 1960's were passed. That doesn't mean we should shrug our shoulders and do nothing.

    •  Experience has proved your wrong. (3+ / 0-)

      There are untold numbers of employment discrimination cases in which the employer's motive for the adverse action has to be proved inferentially.  So you don't need a "really stupid" employer to succeed in one of these suits.  You just need evidence of disparate treatment based on the protected characteristic.

      "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

      by FogCityJohn on Fri Apr 26, 2013 at 04:32:27 PM PDT

      [ Parent ]

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