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Thread: Woman fired for having sex

  1. #311
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    Re: Woman fired for having sex

    Quote Originally Posted by RabidAlpaca View Post
    So from this statement, I can only assume you support the absolute sovereignty of contract, correct? Wal-Mart should be able to require employees to sign contracts stating that they aren't gay. I mean hell, no one is forcing them to sign it right?
    Yep. People have a right to choice. Even if that choice means limiting their choices.
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  2. #312
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    Re: Woman fired for having sex

    Quote Originally Posted by rathi View Post
    Just no.

    CA Code 12940

    (a) For an employer, because of the race, religious creed, color,
    national origin, ancestry, physical disability, mental disability,
    medical condition, genetic information, marital status, sex, gender,
    gender identity, gender expression, age, or sexual orientation of any
    person, to refuse to hire or employ the person or to refuse to
    select the person for a training program leading to employment, or to
    bar or to discharge the person from employment or from a training
    program leading to employment, or to discriminate against the person
    in compensation or in terms, conditions, or privileges of employment.
    that is CA code. statue law, it does not ------>override CA constitutional law.

    HOWEVER, i read though the Constitution slower this time, and under the CA CONSTITUTION, I WAS INCORRECT, ...THEY DO HAVE IT IN THEIR CONSTITUTION, and here it is......

    SEC. 8. A person may not be disqualified from entering or pursuing
    a business, profession, vocation, or employment because of sex, race,
    creed, color, or national or ethnic origin.

    which makes there a conflict of CA constitutional law.

    under CA constitutional law, i have a right (an absolute) to commerce and property, no one has a ------>right an absolute to have a job.

    government has no authority under a constitution to make me hire anyone i wish not to hire.....because my property right is an (absolute).

    as Madison says, your right to property is as strong as your right to free speech.

  3. #313
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    Re: Woman fired for having sex

    Quote Originally Posted by RabidAlpaca View Post
    The christians are at it again.

    If I sign a ridiculous contract saying that I won't be black, then turn out to be black later, should I be fired for that too?
    regardless of what you make of this particular incident, I am not sure people can voluntarily engage in being black, or not.

  4. #314
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    Re: Woman fired for having sex

    Quote Originally Posted by Kal'Stang View Post
    No one has a right to work for any specific company. There is no right to a job. If that were so then everyone could demand to be a federal employee at the White House watching security video's.
    Who here has even remotely claimed that someone has a right to work for any specific company? We're talking about discrimination laws, and an employer's ability to write absolutely anything they want down as terms for employment.

    Quote Originally Posted by Dr. Chuckles View Post
    regardless of what you make of this particular incident, I am not sure people can voluntarily engage in being black, or not.
    One can voluntarily decide to be gay or a christian, why are those things protected?
    Quote Originally Posted by LowDown View Post
    I've got to say that it is shadenfreudalicious to see the rich and famous fucquewads on the coast suffering from the fires.

  5. #315
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    Re: Woman fired for having sex

    Quote Originally Posted by RabidAlpaca View Post
    So from this statement, I can only assume you support the absolute sovereignty of contract, correct? Wal-Mart should be able to require employees to sign contracts stating that they aren't gay. I mean hell, no one is forcing them to sign it right?
    Once again there are legally defined limits to legal contracts.

  6. #316
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    Re: Woman fired for having sex

    Quote Originally Posted by Tucker Case View Post
    So you agree that this isn't discrimination, then, because you don't need to know those things in order to make that determination.
    It is impossible to tell if sex is extra-marital or not without knowing the marital status of the people in question. If you believe otherwise, outline a scenario where that would be the case.

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    Re: Woman fired for having sex

    Quote Originally Posted by rathi View Post
    Interracial sex is absolutely a behavior. Its the behavior of having sex with someone who has a different skin color than you. You seem to be under the impression that its legal to discriminate against behavior, which simply isn't the case. Marriage may be a behavior, but its protected under California law with regards to employment.

    There is no legal defense for discrimination lawsuits in which you claim "but look we discriminate against everyone so its okay". Married and Unmarried are both being discriminated against, just like both the white and black person are both being discriminated against with interracial bans.

    They are no different, because both of the prohibited behaviors have an inherently prejudicial definition. Extra-martial sex is determined by the martial status of the participants, interracial sex by the color of their skin. The discriminatory nature of the definition itself makes any rulings based on said definition equally unfit.

    If you claim that marital status wasn't the issue, try explaining how the policy would work if the school was kept in the dark if their employees were married or not. If the school has to know in order to enforce the policy, marital status must logically play a part.

    Anti-discrimination laws have a pretty decent test for determining if you violating it. Lets suppose that two people have sex and you have to decide whether to fire them or not. If you need to know the persons melanin content, gender or marriage license to make that decision, you are breaking the law.
    I think these arguments have a good chance of winning in court since California has laws against discrimination on the basis of marital status and stronger privacy protection in its constitution than is in the USA Constitution.

    Again, everyone has a right to privacy and free expression. We need new laws limiting the extent to which employers can control employees off-work behavior..

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    Re: Woman fired for having sex

    Quote Originally Posted by Kal'Stang View Post
    Yep. People have a right to choice. Even if that choice means limiting their choices.
    Good, then you're one of the few intellectually consistent, although morally questionable, people here. You admit that an employer should be able to discriminate for any reason whatsoever, that's their freedom.
    Quote Originally Posted by LowDown View Post
    I've got to say that it is shadenfreudalicious to see the rich and famous fucquewads on the coast suffering from the fires.

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    Re: Woman fired for having sex

    Quote Originally Posted by clownboy View Post
    Got me. Maybe to have standing so they could get the provision striken in court?
    And once stricken, why would a gay man want to work in a religious setting where a core element of his nature is seen as an evil thing?

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    Re: Woman fired for having sex

    Quote Originally Posted by RabidAlpaca View Post
    You technically have no right to be gay, black, white, male, female, or anything else. I haven't seen any constitutional granting of any of those rights. I guess anything not specifically listed in the constitution should be fair game to be discriminated against.
    All the Constitution and BoL does is state what an organized government CANNOT do. It does not extend whatsoever into private enterprise. The only thing an employer cannot contractually obligate is illegal activity. By actively fighting this, the only one violating rights is YOU, since you are forgoing their right to religion.

    Personal feelings and hopes have zero place in the business world. If you want a wish, find a lamp.

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