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re: SCOTUS Reasoning

Posted on 6/16/20 at 8:12 am to
Posted by mindbreaker
Baton Rouge
Member since Dec 2011
7643 posts
Posted on 6/16/20 at 8:12 am to
quote:

not sure how one could fire someone that is in the KKK, BLM, etc.


Really,

What does being a member of a private organization have to do with sex

is this a "muh slippery slope" argument or something?
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
63226 posts
Posted on 6/16/20 at 8:15 am to
quote:

It is accepting something that if a female does it is OK but if a male does it you don’t.

define "something"


Wearing a dress, having long hair and a vagina.
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 6/16/20 at 8:16 am to
quote:

Really, What does being a member of a private organization have to do with sex is this a "muh slippery slope" argument or something?


It doesn't it deals with "race" which is in the act. Its not a slippery slope, they are saying anything to do with these things, the employer can't discriminate. So, if I hate fricking women, they have to keep me.


quote:

Title VII prohibits employment discrimination based on race, color, religion, sex and national origin.
This post was edited on 6/16/20 at 8:18 am
Posted by Smokeyone
Maryville Tn
Member since Jul 2016
16165 posts
Posted on 6/16/20 at 8:17 am to
quote:

Yea, it's kinda a reach, but just bc a dude smokes pole or a chick munches carpet they shouldn't have employer consequences


If I run a small town quick stop and my employee of 5 years has an epiphany that not only do they wish to partake of dick but they want to stretch the limit of the other sex’s dress code it hurts my business. Rural small town America doesn’t want to pay an obvious tranny for their bag of chips and gas. I can no longer fire or move him from being the face of my store despite the fact he is killing my business. I cannot put in place a more restrictive dress code, cannot change their shift to one when the store is closed or less busy based on him dressing as a female.
Posted by the808bass
The Lou
Member since Oct 2012
111617 posts
Posted on 6/16/20 at 8:17 am to
quote:

So, if an employee that likes to have sex with dogs... well, you can't rid of them that involves sex. If an employee is a member of Black Power, sorry, that has to do with race. If an employee hates women, sorry, that has to do with sex again.


Employment lawyers got aroused reading that.
Posted by TideCPA
Member since Jan 2012
10377 posts
Posted on 6/16/20 at 8:17 am to
I don't take issue with Gorsuch's reasoning. However, if applied evenly it may actually negatively impact some of the other protected classes. For example, if a white person at a job can in no context ever use the word "n****" without being fired, then that employer must also fire any black employee who uses the word, because doing otherwise would be discrimination based on race.
This post was edited on 6/16/20 at 8:18 am
Posted by Music_City_Tiger
Nashville, TN
Member since Feb 2018
1087 posts
Posted on 6/16/20 at 8:19 am to
The law was intended to protect someone because of their sex... Not what they do with their sex. Gorsuch, Roberts and nutjobs rewrote the law, much like they did ObamaCare.
This post was edited on 6/16/20 at 8:20 am
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 6/16/20 at 8:19 am to
quote:

Employment lawyers got aroused reading that.


LOL

They basically blew up the statute, imo.

So, if I hate black people or brown people or white people, how the hell can they get rid of me?

Say I hate straight people or gay people, if it has to do with that... the employer is now unable to discriminate... it has to do with sex.

They've basically made millions of potential protected classes.... anyone that has an opinion on race, sex, religion, etc are now protected classes.
This post was edited on 6/16/20 at 8:24 am
Posted by Meatflap
Houston, TX
Member since Jun 2014
70 posts
Posted on 6/16/20 at 8:22 am to
If they were a good and valued employee, why would it matter? I don't hire my employees based on their sexual orientation. I hire them based on their potential to earn or produce for my business.
Posted by the808bass
The Lou
Member since Oct 2012
111617 posts
Posted on 6/16/20 at 8:25 am to
quote:

If they were a good and valued employee, why would it matter?


Let’s say you hire a guy to be your funeral director in a rural town where there’s two funeral homes. And then, a few years later, he insists he’s actually a she (despite looking nothing like a she). And he starts dressing and acting as a woman. Can you imagine any potential negative impact on your business? Think very carefully. I know you can.
Posted by Flats
Member since Jul 2019
21923 posts
Posted on 6/16/20 at 8:27 am to
quote:

If they were a good and valued employee, why would it matter? I don't hire my employees based on their sexual orientation. I hire them based on their potential to earn or produce for my business.


And if you hire someone who you think will be a good employee, and it turns out they suck, good luck getting rid of them if they're a protected class.

Here's a novel idea: let you hire and fire the people for your business using your criteria.
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
63226 posts
Posted on 6/16/20 at 8:30 am to
quote:

And if you hire someone who you think will be a good employee, and it turns out they suck, good luck getting rid of them if they're a protected class.


What kind of stupidity in this? You think poor performers are a protected class? You think nobody gets fired or every fired person sues their employer?
Posted by the808bass
The Lou
Member since Oct 2012
111617 posts
Posted on 6/16/20 at 8:33 am to
Lol. You don’t think the trans dude running the funeral home was going to negatively impact revenue? You think the employer let him go because of the heebie jeebies?
Posted by Flats
Member since Jul 2019
21923 posts
Posted on 6/16/20 at 8:35 am to
quote:

What kind of stupidity in this?


The real world. I agree that it's stupid, but if you think it's as easy to fire a black female as a white male I don't know what to tell you. I've seen two nuisance lawsuits claiming sexual discrimination from white females, both of whom were replaced with another white female. They typically never go to trial because insurance just settles.
This post was edited on 6/16/20 at 8:38 am
Posted by GeauxFightingTigers1
Member since Oct 2016
12574 posts
Posted on 6/16/20 at 8:38 am to
This ruling actually makes it almost impossible to get rid of anyone which the statute was trying to protect to start with.

Dave - Hey, Glenn, how was your weekend?
Glenn - None of your business, remember I'm not gay.

(Dave goes to HR)
Dave - I'm a protected class, what are you going to do about Glenn?
HR - Nothing. Glenn is in a protected class as well.
Dave - WTF?

------------

Dave - Hey, Glenn, how was your weekend?
Glenn - I went to a kick arse KKK rally.
Dave - Do you like black people?
Glenn - You think I would be at a KKK rally if I did?

(Dave goes back to HR)

Eventually.

Dave shows up on casual Friday with his Black Power shirt, and Glenn shows up with his white KKK shirt.

Harmony.

This post was edited on 6/16/20 at 8:46 am
Posted by Dawgfanman
Member since Jun 2015
22554 posts
Posted on 6/16/20 at 8:39 am to
quote:

If they were a good and valued employee, why would it matter? I don't hire my employees based on their sexual orientation. I hire them based on their potential to earn or produce for my business


Your sales manager of 15 years suddenly decides he wants to be known as Shiela and come to work in a dress (while keeping his full beard). He looks ridiculous but not because of the close themselves, but because of the clothes on him with a beard.

If you let other employees wear dresses, you can’t fire him over his ridiculousness.
Posted by Turbeauxdog
Member since Aug 2004
23279 posts
Posted on 6/16/20 at 8:39 am to
quote:

funeral director in a rural town


I know you’re making a point, but do you think this phenomenon exists only in rural towns?
Posted by GRTiger
On a roof eating alligator pie
Member since Dec 2008
63226 posts
Posted on 6/16/20 at 8:55 am to
quote:

You don’t think the trans dude running the funeral home was going to negatively impact revenue?


Yes, it's possible in your amazing hypothetical of a small rural town with two funeral homes, a trans would hurt business. But that's not what happened in this case. The guy was fired upon announcing he was transitioning. If your revenue actually starts to hurt, that's a justification for downsizing.
Posted by mindbreaker
Baton Rouge
Member since Dec 2011
7643 posts
Posted on 6/16/20 at 8:55 am to
quote:

LOL

They basically blew up the statute, imo.

So, if I hate black people or brown people or white people, how the hell can they get rid of me?

Say I hate straight people or gay people, if it has to do with that... the employer is now unable to discriminate... it has to do with sex.

They've basically made millions of potential protected classes.... anyone that has an opinion on race, sex, religion, etc are now protected classes.


that isn't what they are saying though

they are saying you can't keep one person who hates black or brown people because and fire another one for the same reason.

I don't understand why it's so hard to get. If you are okay with what someone does in the privacy of their own home then should be okay with everyone else that does that same thing in the privacy of their own home regardless of race, sex, etc.

no one part of this applies to dress codes either. If you don't want dudes wearing dresses. Implement a dress code of no dresses in the office regardless of sex.


Posted by Meatflap
Houston, TX
Member since Jun 2014
70 posts
Posted on 6/16/20 at 8:57 am to
If an employee I hire sucks, I let them go based on their performance, not because they are gay or transexual. I have a gay employee right now and he is a very good craftsman. I have no problem with his orientation and it doesn't reflect poorly on my business.

My criteria is that I hire the people that I think are going to help my business become successful. Nothing else. Sometimes that doesn't work out and I have to let them go but it isn't ever because of their sexual orientation or their race.

To date, the only person who has ever raised a stink over being let go was a white woman. It went nowhere.
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