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re: Supreme Court - "Sex discrimination" includes gay and transgender discrimination

Posted on 6/15/20 at 10:46 am to
Posted by Muleriderhog
NYC
Member since Jan 2015
3116 posts
Posted on 6/15/20 at 10:46 am to
quote:

Can a business refuse to hire a person with diagnosed schizophrenia?


Nope. That’s a big no-no. You have to provide reasonable accommodations.
Link
Learn the law, you sound like a dumbass. A quick google search answers this for you.
Posted by OMLandshark
Member since Apr 2009
119977 posts
Posted on 6/15/20 at 10:47 am to
quote:

Supreme Court - "Sex discrimination" includes gay and transgender discrimination



This is misleading. It's Title VII that they're addressing, which also includes race, color, nationality, religion, pregnancy, age (only over 40), and disabilities. I think it's fair to put sexuality in with it.

But now the gay lobby has nothing to bitch about anymore. They are complete equals in the eyes of the law. So they need to shut the frick up now.
This post was edited on 6/15/20 at 10:52 am
Posted by BRbornandraised
Baton Rouge, LA
Member since Jun 2013
584 posts
Posted on 6/15/20 at 10:48 am to
quote:

Can a business refuse to hire a person with diagnosed schizophrenia?

Can a business refuse to hire a person with gender dysphoria?

Answer those two questions for me, please.



According to EEOC.gov:

"No. It is illegal for an employer to discriminate against you simply because you have a mental health condition. This includes firing you, rejecting you for a job or promotion, or forcing you to take leave.

An employer doesn't have to hire or keep people in jobs they can't perform, or employ people who pose a "direct threat" to safety (a significant risk of substantial harm to self or others). But an employer cannot rely on myths or stereotypes about your mental health condition when deciding whether you can perform a job or whether you pose a safety risk. Before an employer can reject you for a job based on your condition, it must have objective evidence that you can't perform your job duties, or that you would create a significant safety risk, even with a reasonable accommodation (see Question 3)."
Posted by lsufball19
Franklin, TN
Member since Sep 2008
71358 posts
Posted on 6/15/20 at 10:49 am to
quote:

There’s no law that prevents one from being fired for being a white male heterosexual. Nothing. Not part of any protected class.

What are you talking about? Male is a gender, and gender is a protected class. White is a race. Race is a protected class. Heterosexual is a sexual orientation, and sexual orientation is also a protected class now. So, yes, if you were fired for being a straight white male, that would be a violation of your civil rights.
This post was edited on 6/15/20 at 10:50 am
Posted by Muleriderhog
NYC
Member since Jan 2015
3116 posts
Posted on 6/15/20 at 10:49 am to
quote:

According to EEOC.gov: "No. It is illegal for an employer to discriminate against you simply because you have a mental health condition. This includes firing you, rejecting you for a job or promotion, or forcing you to take leave. An employer doesn't have to hire or keep people in jobs they can't perform, or employ people who pose a "direct threat" to safety (a significant risk of substantial harm to self or others). But an employer cannot rely on myths or stereotypes about your mental health condition when deciding whether you can perform a job or whether you pose a safety risk. Before an employer can reject you for a job based on your condition, it must have objective evidence that you can't perform your job duties, or that you would create a significant safety risk, even with a reasonable accommodation (see Question 3)."

Yep, I linked it. Uway is a fricking idiot though and will ignore it.
Posted by OMLandshark
Member since Apr 2009
119977 posts
Posted on 6/15/20 at 10:50 am to
quote:

Can a business refuse to hire a person with diagnosed schizophrenia?

Can a business refuse to hire a person with gender dysphoria?



It's reasonable accommodations. Like for instance it would be illegal not to hire someone in a wheelchair just because he doesn't want to install a wheelchair ramp. It is not illegal to not hire someone in a wheelchair who can't do the physical requirements of the job like say in construction. I don't see why sexuality would ever come into play for reasonable accommodations
Posted by Muleriderhog
NYC
Member since Jan 2015
3116 posts
Posted on 6/15/20 at 10:50 am to
quote:

What are you talking about? Male is a gender, and gender is a protected class. White is a race. Race is a protected class. Heterosexual is a sexual orientation, and sexual orientation is also a protected class now. So, yes, if you were fired for being a straight white male, that would be a violation of your civil rights

The fact he thought that was some “gotcha” is laughable. It was one of the dumbest things I’ve seen posted on this board.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
112841 posts
Posted on 6/15/20 at 10:50 am to
quote:

There is NO F*CKING WAY that this opinion as written can only be relegated to employment. Gorsuch is a f*cking moron.


Gorsuch deserves every bit of derision that is thrown his way, but even if he voted with Alito, this still would have been the outcome (5-4).
Posted by SSpaniel
Germantown
Member since Feb 2013
29658 posts
Posted on 6/15/20 at 10:50 am to
quote:

Are you equating being black to being insane?

Well....

Posted by uway
Member since Sep 2004
33109 posts
Posted on 6/15/20 at 10:51 am to
quote:

Yep, I linked it. Uway is a fricking idiot though and will ignore it.


Thanks for the link and for answering the two questions.

I'll not respond to your personal attack, in the interest of making the world a better place.
Posted by Flats
Member since Jul 2019
26950 posts
Posted on 6/15/20 at 10:53 am to
quote:

I think it's fair to put sexuality in with it.


That's not the court's job.
Posted by FooManChoo
Member since Dec 2012
46010 posts
Posted on 6/15/20 at 10:53 am to
quote:

This is misleading. It's Title VII that they're addressing, which also includes race, color, nationality, religion, pregnancy, age (only over 40), and disabilities. I think it's fair to put sexuality in with it.
If you want "sexuality" added, the right way is to have your representatives in Congress and the President amend the law. The wrong way is to amend the law by judicial decree.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
71358 posts
Posted on 6/15/20 at 10:54 am to
quote:

The fact he thought that was some “gotcha” is laughable. It was one of the dumbest things I’ve seen posted on this board.

Yeah, it was pretty bad. I guess he forgot about the straight white male who sued Hooters for discrimination and got paid a lot of money, which is also why you see male waiters at Hooters now.
Posted by Turbeauxdog
Member since Aug 2004
24152 posts
Posted on 6/15/20 at 10:55 am to
quote:

think it's fair to put sexuality in with it.


Then amend title vii

This creates law out of thin air.
Posted by Parmen
Member since Apr 2016
18317 posts
Posted on 6/15/20 at 10:56 am to
Law is the law. The statute was written to be interpreted broadly.
Posted by Turbeauxdog
Member since Aug 2004
24152 posts
Posted on 6/15/20 at 10:58 am to
quote:

The statute was written to be interpreted broadly.


Link?
Posted by Flats
Member since Jul 2019
26950 posts
Posted on 6/15/20 at 11:01 am to
quote:

Law is the law. The statute was written to be interpreted broadly.


Those two statements are completely at odds with each other, and the second one is demonstrably false.
Posted by Flats
Member since Jul 2019
26950 posts
Posted on 6/15/20 at 11:02 am to
quote:

Then amend title vii

This creates law out of thin air.


These people either failed civics or they just don't give a shite about the separation of powers as long as they like the outcome.
Posted by OMLandshark
Member since Apr 2009
119977 posts
Posted on 6/15/20 at 11:04 am to
quote:

Then amend title vii

This creates law out of thin air.


I really don’t see the argument on why race and sex are protected classes but sexuality isn’t. I’m a libertarian to where I’d revoke Title VII if I had my way and then go shop at other places that weren’t being racist or sexist. But so long we’re playing this game, I think this is a natural extension of what Title VII initially had in mind. I find sexuality to be more plausible under Title VII than pregnancy and certainly over 40.
Posted by SSpaniel
Germantown
Member since Feb 2013
29658 posts
Posted on 6/15/20 at 11:04 am to
quote:

male waiters at Hooters


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