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If someone worked for a company like ESPN and they allowed certain employees
Posted on 3/28/24 at 8:54 am
Posted on 3/28/24 at 8:54 am
To say certain words, without firing them, but fired other employees for saying the same thing, could the fired employee have a case in the court of law? I understand a private company has the freedom to run the organization the way they see fit but wouldn’t that fall under discrimination to limit the speech of certain employees but not others?
8
Posted on 3/28/24 at 8:55 am to Hawgnsincebirth55
What exactly are you getting at?
Posted on 3/28/24 at 8:57 am to cubsfan5150
If a sports media company lets black guys who they employee say the N word, wouldn’t they also have to allow the same rights to white dudes that work for them? or at least they wouldn’t be able to fire them specifically for saying that word they’d have to come up for another reason?
Posted on 3/28/24 at 9:01 am to Hawgnsincebirth55
No, large corporations have double standards when it comes to what employees can and can't say. I work in an HR capacity and I can tell you that only one group/demographic in my company can speak openly, while the opposition to any of that can't. People in the company know it too and just keep their mouth's shut.
Soft censorship is working out exactly how the left wants it to, slowly but surely.
Soft censorship is working out exactly how the left wants it to, slowly but surely.
Posted on 3/28/24 at 9:03 am to Hawgnsincebirth55
In which federal district does the friend work?
Posted on 3/28/24 at 9:04 am to EZE Tiger Fan
quote:I understand all of this is what’s going on, what I’m saying is wouldn’t you have a cause to to file a lawsuit against them for this? If anyone just had the balls to do it.
No, large corporations have double standards when it comes to what employees can and can't say. I work in an HR capacity and I can tell you that only one group/demographic in my company can speak openly, while the opposition to any of that can't. People in the company know it too and just keep their mouth's shut.
Posted on 3/28/24 at 9:06 am to EZE Tiger Fan
quote:
No, large corporations have double standards when it comes to what employees can and can't say. I work in an HR capacity and I can tell you that only one group/demographic in my company can speak openly, while the opposition to any of that can't. People in the company know it too and just keep their mouth's shut.
If anyone ever legally challenged that they would win. Now would it be worth it? That is up to that individual but they would win.
Posted on 3/28/24 at 9:08 am to Hawgnsincebirth55
quote:
I understand all of this is what’s going on, what I’m saying is wouldn’t you have a cause to to file a lawsuit against them for this? If anyone just had the balls to do it.
In a non-clown world, yes. However the issue you'll run into today is the immense number of woke and soros-planted DA's and Judges that will never side with common sense.
Posted on 3/28/24 at 9:09 am to Ponchy Tiger
quote:that’s what I was wondering thank you
If anyone ever legally challenged that they would win. Now would it be worth it? That is up to that individual but they would win.
Posted on 3/28/24 at 9:09 am to Hawgnsincebirth55
quote:
understand a private company has the freedom to run the organization the way they see fit but wouldn’t that fall under discrimination to limit the speech of certain employees but not others?
If the person works for a private company, then the company can restrict what that person says in the workplace. Perhaps there might be some sort of discrimination based employment law claim, but that issue seems sort of murky if the employer doesn’t have an actual policy saying that certain employees can say something and other employees cannot. Employment law isn’t my area of expertise, though.
This post was edited on 3/28/24 at 9:11 am
Posted on 3/28/24 at 9:12 am to Roll Tide Ravens
If one employee has used the language before and faced zero repercussions from it, and then another individual at the same company uses the same language, and does have action taken against them, that could be seen as discriminatory no?
Again, if it’s company policy to not use certain language in the work place that’s one thing, but if you allow some to say it and others not, that sounds like textbook discrimination to me. Either we can all say it or none of us can in the workplace
Again, if it’s company policy to not use certain language in the work place that’s one thing, but if you allow some to say it and others not, that sounds like textbook discrimination to me. Either we can all say it or none of us can in the workplace
This post was edited on 3/28/24 at 9:14 am
Posted on 3/28/24 at 9:19 am to Hawgnsincebirth55
Yes, that would likely be considered discrimination. Where the employer would have an issue is handing out different discipline for an employee based on their race (or other things like national origin, religion, etc.). This is the sort of thing that the EEOC enforces laws against, so the employee could bring a complaint through them (assuming the company is large enough to be subject to EEOC enforcement).
This post was edited on 3/28/24 at 9:22 am
Posted on 3/28/24 at 9:22 am to Roll Tide Ravens
What if the company fired you for language you used outside of the workplace? Would I also have a case in that instance?
Posted on 3/28/24 at 9:34 am to Hawgnsincebirth55
Would ESPN not be considered a private company?
FWIW, I agree that they've definitely fired and demoted people for saying/doing certain things and literally ignored or praised it when others have done the same. It's one of the many reasons for their downfall.
FWIW, I agree that they've definitely fired and demoted people for saying/doing certain things and literally ignored or praised it when others have done the same. It's one of the many reasons for their downfall.
Posted on 3/28/24 at 10:00 am to Hawgnsincebirth55
There are definitely double standard in corporate America. I can't even ask someone if they're stupid with getting an HR award.
Posted on 3/28/24 at 10:12 am to Hawgnsincebirth55
In theory the answer is yes. In reality, this is a hot potato and most courts would find a justification to show why the two employees aren't "comparators" (a legalistic term of art that can be stretched or narrowed depending on the particular judge and the particular case).
To take this case I would need a memo from a higher up, in writing, saying something like "yes we know X did the same thing as Y. But we can't punish X because of his race. Y is white so the standards are different." In other words the proof of the policy would have to be undeniable and black and white.
The fundamental problem you've got here is you're representing an employee who will be viewed as having broken the rules. Jurors won't like a white guy who walks around saying the N word at work. That holds true no matter if other people in the workplace are also saying the N word. You want cases where your client wears the white hat, not cases where your argument is "sure our guy is a bad guy, but this other guy is bad too!"
To take this case I would need a memo from a higher up, in writing, saying something like "yes we know X did the same thing as Y. But we can't punish X because of his race. Y is white so the standards are different." In other words the proof of the policy would have to be undeniable and black and white.
The fundamental problem you've got here is you're representing an employee who will be viewed as having broken the rules. Jurors won't like a white guy who walks around saying the N word at work. That holds true no matter if other people in the workplace are also saying the N word. You want cases where your client wears the white hat, not cases where your argument is "sure our guy is a bad guy, but this other guy is bad too!"
Posted on 3/28/24 at 10:24 am to Cold Cous Cous
quote:
The fundamental problem you've got here is you're representing an employee who will be viewed as having broken the rules. Jurors won't like a white guy who walks around saying the N word at work.
This hypothetical case would never make it to trial. It'd be settled loooooooong before any jurors were involved.
This post was edited on 3/28/24 at 10:25 am
Posted on 3/28/24 at 10:29 am to Hawgnsincebirth55
quote:
another individual at the same company uses the same language, and does have action taken against them, that could be seen as discriminatory no?
Is that "another individual" a white male? If so, no, white males cannot be discriminated against in todays bullshite society.
Posted on 3/28/24 at 10:29 am to Hawgnsincebirth55
quote:
I understand all of this is what’s going on, what I’m saying is wouldn’t you have a cause to to file a lawsuit against them for this?
Nope, because they hide behind the cloak of "equality", knowing full well that some are more equal than others.
The vast majority of hard working people just want to do their jobs and go home anyway.
Posted on 3/28/24 at 10:33 am to Hawgnsincebirth55
quote:
If a sports media company lets black guys who they employee say the N word, wouldn’t they also have to allow the same rights to white dudes that work for them? or at least they wouldn’t be able to fire them specifically for saying that word they’d have to come up for another reason
So just to be clear, you want to sue a company so you can say the N word???
That’s a hell of a hill to die on.
This post was edited on 3/28/24 at 10:34 am
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