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Believe it or not, Scalia agrees with this decision but O'Connor does not.

That's a surprise. A big surprise. My position is that employers should be able to discriminate on anything they please: sex, race, age, the color of your hair or the second letter in your last name. It's their business isn't it?

Maybe I should sue Hooters for age and sex discrimination. It's not fair. They don't have enough grumpy old men serving beer and onion rings.

My position is that employers should be able to discriminate on anything they please: sex, race, age, the color of your hair or the second letter in your last name. It's their business isn't it? Maybe I should sue Hooters for age and sex discrimination. It's not fair. They don't have enough grumpy old men serving beer and onion rings.

All eight justices agreed that a disparate impact is OK if based on a reasonable factor other than age. I'm sure all of them, and 99% of Freepers, would agree that nobody would go to a restaurant that openly displayed your aged man-boobs -- or mine either.

>>My position is that employers should be able to discriminate on anything they please: sex, race, age, the color of your hair or the second letter in your last name. It's their business isn't it?<<

I agree. It's an essential element of freedom.

And if you think you've been treated unfairly, there are plenty of ways (without getting lawyers or the courts involved) to strike back at someone who's practicing discrimination. Get all of your friends to (legally and peacefully) picket the company. Boycott. Start your own business, or invest in one of the company's competitors. Take out a (truthful) ad in your local paper.

These actions are effective means in the free market to deal with discrimination. On the other hand, their success isn't guaranteed, which demonstrates an inescapable fact: Life Isn't Fair.

Prejudice exists everywhere, and discrimination is practiced by everyone in every walk of life. I, for example, would never choose cherry ice cream if chocolate was available. I don't care if it's "just as good".

My position is that employers should be able to discriminate on anything they please: sex, race, age, the color of your hair or the second letter in your last name. It's their business isn't it?

Unworkable unless they are required to put their discriminatory hiring practices in writing, and post them publicly so that their customers can exercise their right to discriminate against them.

What you propose is what companies try to get away with now. Discriminating against employes and then lying about their reasons.

I'm sure the skin heads at the Aryan Nation are in complete agreement with you.
I can imagine you telling an older woman that she is being fired because you don't want some old wrinkled up nigger nanny with kinky hair working for you. That's real freedom alright. What you advocate is pure plain and simple bigotry under the guise of some form of freedom as a business owner.
Would you feel justified in firing a Jew because you don't like a certain facial feature.
Your time ended with the pre-civil rights south, thank God.