« on: December 24, 2012, 04:33:33 am »
The again, where exactly does it end for small business? What if you don't want to employ someone who's black because you're a racist piece of garbage?
On one hand, its their business and it may fail or succeed based in the small choices they make and the relationships they build or fail yo build.
On the other hand they're a racist piece of garbage.
This guys sounds like an asshole who needs to get his monkey brain in check and/or get laid.
Courts have ruled that small businesses can practice certain types of hiring discrimination if it suits their business model. Some large businesses can also practice hiring discrimination... Hooters, for example. Many small business owners practice racial preference in hiring... unless they tell someone, who's going to know? You're describing something that is more or less impossible to legislate.
My argument isn't whether the business owner is right, it's whether the court was right in upholding his right to fire an employee for the simple reason that he doesn't, for whatever reason, want to work with her anymore. In my opinion, a small business owner should not be legally forced to continue to work with an employee they don't want to work with, for any reason. For the court to rule otherwise would throw a huge wrench in the ability of small business owners to run their businesses, which is why the rules are different for them in the first place.
Mang's argument is that the burden should be upon the business owner to get therapy so that he can deal with his issue of being attracted to his assistant.
How far do you really want to take that, if it became a precedent? I don't think any of you guys are really thinking through the absurdity of the ramifications you're proposing. Sure, in this case, you're like "That guy is wrong! It's his problem and he should have to suck it up and deal with it!" but the burden that precedent could potentially place on small business owners or other smalltime employers is pretty heavy. Alty and Mang, as small business owners, I'd like you to imagine for a moment that you found yourself the employer of an assistant that for some reason made you really uncomfortable, but you could not legally let go. Going to work puts a knot in your stomach... you hate it. The stress of the situation is taking a toll on your marriage. You are powerless to do anything about it, and your emotional state and ability to do your job is slipping.
What do you do?
That's the situation a court ruling against him would have put thousands of small business owners like yourselves in.
I haz doppleganger? I didn't make an argument in this thread.