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Response to n2doc (Original post)

Tue Nov 5, 2013, 12:11 PM

4. Few people understand employment law.

All of the following is pertinent only to the state of Georgia (where I am licensed to practice law), but it ought to give you some understanding of how employment law works. Please do not take this post as legal advice. I am not your attorney. For specific legal questions, consult an attorney in your jurisdiction.

Can you fire someone for being a Republican? Yes.
Can you fire someone for being a Democrat? Yes.
Can you fire someone for being a conservative? Yes.
Can you fire someone for being a liberal? Yes.
Can you fire someone for being a Christian? No. Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating on the basis of religion.
Can you fire someone for being gay? Yes. No federal law prohibits discrimination on the basis of sexual orientation although a bill addressing this question is currently before the Senate (or has been passed by the Senate--I am not sure which), but said bill will not pass in the House, and Federal law on this subject is clear, at the moment, that it is completely acceptable to hire or fire employees on the basis of sexual orientation.
Can you fire someone for being straight. Yes, for the reason listed above.
Can you fire someone for being a man? No. Title VII prohibits discrimination on the basis of gender.
Can you fire someone for being a woman? No, for the reason listed above.
Can you fire someone for being nice? Yes.
Can you fire someone for being ugly? Yes.
Can you fire someone for being a drug user? Yes.
Can you fire someone because they don't use drugs? Yes.
Can you fire someone for being white (i.e. Caucasian)? No. Title VII prohibits discrimination on the basis of race.
Can you fire someone for having blonde hair? Yes, so long as race is not the true, underlying factor in the employment decision.
Can you fire someone for being a very, very sweet person? Yes.
Can you fire someone for being short? Yes.
Can you fire someone for being tall? Yes.
Can you fire someone for being an Italian? No. Discrimination on the basis of national origin is prohibited by the Civil Rights Act of 1964.
Can you fire someone for being a really good worker? Yes.
Can you fire someone for being a really bad worker? Yes.
Can you fire someone for having a beautiful smile? Yes.
Can you fire someone for wearing blue jeans? Yes.
Can you fire someone for having a pierced nose? Yes.
Can you fire someone for crying on the job? Yes.
Can you fire someone for having a tan? No. Discrimination on the basis of "color" is prohibited by the Civil Rights Act of 1964, as amended.
Can you fire someone for being a witch? Yes.
Can you fire someone for not being a witch? Yes.
Can you fire someone for having a big schlong? Yes.
Can you fire someone for being a bigot? Yes.
Can you fire someone for being completely tolerant? Yes.
Can you fire someone for owning a Toyota? Yes.
Can you fire someone for being a racist? Yes.
Can you fire someone for not being a racist? Yes.

Can you fire someone for anything that is not proscribed by Federal law? In many states, yes. In Georgia, at least, this is the case. Some states have expanded the protections available to workers, but in the "right to work" states, minimal Federal protection is all you get.

As you can see by the list above, Federal law prohibits "adverse employment action" only against those who belong to specified, protected classes. At the moment, Federal law says employers are prohibited from discriminating on the basis of age, national origin, sex, religion, color, and race (and this is different from color). That's about it. Otherwise, in the right to work states, employers are free to discriminate on the basis of any other criterion they choose.

Hope many find this useful.

-Laelth

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