SACKED AND I'M FUMING (Fired for smoking)

The Mirror ^ | 12/23/05 | Richard Smith

[Protagoras]

Whats the difference whether the descimination occurred during the interview, or after her hiring?

Discrimination is a good thing.

[El Gato]

A have a prediction: companies in the future will give physicals to all prospective employees and those who don't "measure up" will not be hired

Hmm, I had to take a physical when I started my first full time "job" (two actually), but that was the US Air Force. :) Still when I started my first job after grad school, in '77, I had to take a physical. I had injured my knee in a diving board mishap a couple of days before and was on crutches. So for 20+ years I had a "profile" that said I couldn't be assigned any work that required squatting or certain other movements or positions, even though *that* knee healed up fine within a few weeks. The other knee OTOH ....

[Choose Ye This Day]

Except I would have a small chuckle if the policy came back to bite the company in the hindquarters.

Me, too. If they choose to enact a stupid policy, then they deserve to feel the market's repercussions. But each company (just like each individual) should have the right to be stupid if they want.

[Protagoras]

Are they going to fire people who drink too much? Are overweight? Eat too much junk food? Race motorcycles on the weekend?

I don't know, but they should be able to if the want.

[TheForceOfOne]

Or being White, Black, Indian, Obese, female, male, any age over 18, short, tall, what size shoe you wear, your hair color, etc.

Discrimination is discrimination.

[Centurion2000]

I was doing a job interview once, and the lady I was interviewing asked if I minded if she smoked.

My secretary, a smoker, as was I, said "Hire her Bob, right now". She got the job BECAUSE she smoked.

Sounds like Phillip Morris. Everyone smokes there, but God help you if you light up a Camel.

[mysterio]

True.

[Centurion2000]

You wouldn't go to the beach and get mai tais and margaritas without the salt?

Nah, vodka in a warm Russian kitchen with pilmeni and some really good company would beat that.

[Choose Ye This Day]

There is a slight distinction. Discrimination against somebody who has no control over the condition being discrimated against is, I think, worse than discrimination against behaviors that we choose.

I don't choose my age, sex (usually), ethnicity, nationality or gender.

I do choose my health and hygiene habits, my beliefs, my sexual preferences and proclivities and my communication abilities.

[TheForceOfOne]

What about a mixed race couple, that is choice and there is nothing wrong with it. How about a Christian and a Jewish person?

How about a Canadian and an American?

All choices, all legal and acceptable.

[Go Gordon]

Discrimination is a good thing.

Someone once told me that I had descriminating taste. I took it as a compliment.

[El Gato]

The intent under the Constitution was not meant to apply to private companies but only a list of limitations of the national government

While it is true that the Constitution and Bill of Rights are restrictions on the government, it's also true that corporations are creations of the government. The only rights they have are those the government gives them. They are not people, although under the law the government chooses to treat them as such for *some* purposes.

In essence a corporation is designed to take risk away from investors, and put it on those who sell things to it, or loan it money. It goes back to the days when the Dutch were the big commercial power in the world. Some of the earlier companies include Hudson's Bay Company and the East India company, although those were both British.

[ladyjane]

Yes, there are lakes and boats for water skiing. Up in New England skiing on water is called water skiing, skiing on snow is simply called skiing. When I first her the term 'snow skiing' I had to stop and think what they were talking about.

[SandRat]

The seamstress would be Fatima.

Please pick another name Fatima is a Freeper in good standing.

[El Gato]

And if you do so you are limiting the rights of the company.

Which is perfectly OK, since companies are creations of the State anyway. They aren't people. People have rights, companies only what we would call privileges, although the terms were often interchangeable up to well past the US civil war.

[Protagoras]

Someone once told me that I had discriminating taste. I took it as a compliment.

It usually is.

[EGPWS]

"It's positive discrimination and we're proud of it."

Discrimination with a positive twist, eh?

What next?

[VaGunGuy]

But I thought England has socialized medicine? Her employers wouldn't pay for her health care then, would they?

[EGPWS]

One is filthy disgusting behavior, the other is a filthy disgusting behavior sanctioned by the liberal nanny State.

Let's be prudent and ban ALL filthy and disgusting behavior!

My heart bleeds for those who make the determination as to what is defined as filthy and disgusting.

[El Gato]

I have worked at my job for 19 years. Do you believe the owner has the right to now change the terms of my employment and insist that I give up snow skiing, waterskiing, target shooting, hunting, my sports car, my beer-drinking and my occassional cigar, or else be fired?

I didn't say I agreed with the policy, just that it will happen. It's already beginning in fact, or we would not be having this discussion.

But I would agree that a partnership or sole proprietorship could fire you for any reason it chose. But a corporation, either a privately or publicly held one, is a creature of the State, and is thus subject to whatever limitations the State might choose to apply to it. Of course the State is a pretty stupid beast as well, and may (will!) exercise it's powers unwisely. But it does have those powers over corporations.