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Right and gunny was calling me a fascist for stating what the law is and why we need anti-discrimination legislation.We live in a great country with great freedoms, but the law can nevertheless get it very wrong. I suggest that the fact that there is a law should not be the end of discussion on many things.
I am willing to bet dollar for dollar that a homosexual has a lawsuit if a private business discriminates against him or her.No, sir, YOU might want to read the law. Discrimination is against the law for specific criteria. These criteria are, specifically:
I. What Are the Federal Laws Prohibiting Job Discrimination?
* Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
* the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
* the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
* Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
* Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and
* the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.
None of which address sexual orientation. It is not a protected status under any federal discrimination laws.
http://www.eeoc.gov/facts/qanda.html
Applicable to:
IV. Which Employers and Other Entities Are Covered by These Laws?
Title VII and the ADA cover all private employers, state and local governments, and education institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training.
The ADEA covers all private employers with 20 or more employees, state and local governments (including school districts), employment agencies and labor organizations.
The EPA covers all employers who are covered by the Federal Wage and Hour Law (the Fair Labor Standards Act). Virtually all employers are subject to the provisions of this Act.
Title VII, the ADEA, and the EPA also cover the federal government. In addition, the federal government is covered by Sections 501 and 505 of the Rehabilitation Act of 1973, as amended, which incorporate the requirements of the ADA. However, different procedures are used for processing complaints of federal discrimination. For more information on how to file a complaint of federal discrimination, contact the EEO office of the federal agency where the alleged discrimination occurred.
The CSRA (not enforced by EEOC) covers most federal agency employees except employees of a government corporation, the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, and as determined by the President, any executive agency or unit thereof, the principal function of which is the conduct of foreign intelligence or counterintelligence activities, or the General Accounting Office.
same link.
Correct. I can make a very strong case that boys in general are discriminated against in the education arena. Later, that becomes further discrimination against white males in higher education, (minority males still suffer from the ill-effects of the earlier bias, but gain points towards admission-not graduation.)
I am willing to bet dollar for dollar that a homosexual has a lawsuit if a private business discriminates against him or her.
The House did pass a bill that add sexual orientation as part of the definition of discrimination, and rightfully so: http://www.govtrack.us/congress/bill.xpd?bill=h110-3685
For now you can stomp your feet and hoot & holler - but that bill will be signed by Bush.
And that cry usually comes from a white person.
That depends on the state number one, and the evidence against the employer number two. I doubt that any business, even in the South or Mid-West, wants to be involved in a Supreme Court ruling regarding discrimination of gays one way or another.You obviously haven't been around long enough to know my position on gay rights. It's ok. I'll give you a free pass for that because I'm in a good mood.
However, as it is TODAY, sexual orientation is not a status that is protected by discrimination laws. This also means that any pending legislation which has not been signed into law is, in effect, neither here nor there. Right now I, as an employer, can decide not to hire homosexuals without fear of legalities. Which, might I point out, pretty much conveys just how much you know about employment law considering your previous post to which I was originally replying to.
Discrimination, as some blanket concept, is not illegal. For instance, I can also discriminate among criminal backgrounds, education, and general appearance. Employers are not required to hire quotas or participate in affirmative action programs. Maybe you should spend a few minutes learning the actual facts before coming in a thread like this and giving liberals a reputation of ignorance.
I dunno.. just a suggestion.
and, dollar for dollar, you'd lose. Currently gays do not qualify for anti-discrimination consideration so ther would be no basis for a lawsuit claiming discrimination based on sexual orientation.
Sexual Orientation Discrimination in the Workplace
http://www.nolo.com/article.cfm/objectId/E76BEBE6-E194-46C1-983629F17557E86D/111/259/283/ART/
Do you want to address the statistic reality of my post or, like the rest of your participation in the thread, are you just going to shoot from the hip and hope at least on shot sticks?
Prohibits employers from discriminating against any employee in respect to the conditions and privileges of employment based on the employee’s actual or perceived sexual orientations (Sec. 4). Makes it unlawful for a labor organization or a training program to discriminate against anyone based on the individual’s actual or perceived sexual orientation (Sec. 4). Forbids employment agencies from refusing to refer a worker based on that worker’s actual or perceived sexual orientation (Sec. 4). States that these rules do not apply to organizations recognized by the Civil Rights Act as religious organizations that are exempt from equal employment opportunity requirements (Sec. 6). States that nothing in the bill requires employers to provide the same benefits to unmarried couples as they do to married couples, with marriage defined as a legal union between one man and one woman as husband and wife (Sec. 8). States that nothing in the bill requires or permits preferential treatment or quotas for any individual or group because of their actual or perceived sexual orientation (Sec. 4).
You act as though no states have legislation that protects the rights of homosexuals.Which disproves nothing.
a couple states allow gay marriage too but to say that it reflects any federal laws that apply the same way discrimination laws do is beyond retarded.
And, again, unpassed legislation is, say it with me, Not a legal standard. When you see something to that effect applied to more than Federal employment and willing states then get back with me. Then, you'll ahve a point. As it is...
For real, dude. you are giving my side of the spectrum the kind of reputation that we don't like conservatives using to generalize with.
And, as Shogun said, it's just a bill. It hasn't been signed into law and has no legal effect any more than right wing efforts to get a constitutional amendment outlawing gay marriage.
Or should we refer you to Schoolhouse Rock's "I'm Just A Bill On Capital Hill"?
HA!
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More and more states are adopting anti-discrimination laws that protect homosexuals.
Even in a state where that type of law does not exist, I doubt that any business exists that would want to be attached to a Supreme Court case concerning discriminatory business practices.
You act as though homosexuals don't have rights and never will, and that is not the case.
And to quote myself from an early set of posts...if an employer discriminates against a homosexual, that person has a civil lawsuit that any two-bit lawyer could pursue.
And I am willing to bet that they would win a civil lawsuit. There is no case study inwhich to base it as I am sure your state has not addressed the issue since the 1990's at least and legal attitudes have changed...even in your state.She is not acting as though homosexuals don't have a right to work just by pointing out the FACT that a bill is not a law. Nor is she flaming gays by pointing out that private companies in states without sexual orientation protected status CAN discriminate against gays without fear of legal recourse.
It really doesn't matter what you think businesses in non-protected states do in their hiring practices. So, No, you'd lose a discrimination case in my state if your claim for discrimination was because of sexual orientation.
Did you not bother to read my posted sources?
Sexual Orientation Discrimination in the Workplace
A growing number of states prohibit discrimination against gay and lesbian employees.
Traditionally, gay and lesbian employees have found little in the law to protect them from discrimination and harassment in the workplace. Times are changing, however, and a growing number of employers are finding themselves responsible for providing a workplace that's free of harassment and discrimination based on sexual orientation.
Antidiscrimination Laws
Federal laws. While there is no federal law that prohibits this type of discrimination in private employment, an executive order specifically outlaws discrimination based on sexual orientation in the federal government.
If you are a private employer and you operate your business in a state, county, or city with a law or ordinance prohibiting sexual orientation discrimination, you must follow that law despite the fact that there is no federal law in place.
State laws. Seventeen states and the District of Columbia have laws that currently prohibit sexual orientation discrimination in private employment: California, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Rhode Island, Vermont, Washington, and Wisconsin. Some of these states also specifically prohibit discrimination based on gender identity. (In addition, six states have laws prohibiting sexual orientation discrimination in public workplaces only: Colorado, Delaware, Indiana, Michigan, Montana, and Pennsylvania.)
17/50
gosh.. it's like a fricking tsunami.
