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EU Ruling Extends Discrimination Law [public statement is illegal discrimination]
Wall Street Journal ^ | 7/11/2008 | CHARLES FORELLE

Posted on 07/12/2008 3:26:55 PM PDT by bruinbirdman

Europe's highest court ruled that a Belgian garage-door installer broke the European Union's antidiscrimination laws by stating publicly that he wouldn't hire Moroccans, even though there was no evidence any job applicant had actually been rejected.

The decision expands the scope of EU discrimination laws, raises questions of free speech, and highlights a tension between the bloc and its constituent countries over how much sway Brussels should have in domestic labor-market affairs.

A Belgian court originally found that the statements -- made in newspaper and television interviews -- might be unsavory but didn't necessarily amount to discrimination since no injured party could be found. The British and Irish governments joined the case with similar arguments.

The European Court of Justice rejected those views, saying EU countries must provide for "effective, proportionate and dissuasive" sanctions -- including, possibly, injunctions and fines -- against employers who make sweeping statements viewed as discriminatory.

"It may have a very big impact on the attitude of employers," says Olivier Rijckaert, an employment lawyer at Field Fisher Waterhouse LLP in Brussels. Statements such as "we want to hire young people," or "we prefer women" are now suspect, he says.

The case concerned a small garage-door installation company near Antwerp, Firma Feryn NV, that was hiring. The newspaper De Standaard quoted company director Pascal Feryn saying "we aren't looking for Moroccans. Our customers don't want them." He expanded on his views in an evening television broadcast, saying, "People often say: 'no immigrants'...I must comply with my customers' requirements." He added: "I'm not a racist. Belgians break into people's houses just as much. But people are obviously scared."

(Excerpt) Read more at online.wsj.com ...


TOPICS: Culture/Society; Government; Miscellaneous; News/Current Events
KEYWORDS: employerrights; fascism; freedomofcontract; judiciary; slavery
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1 posted on 07/12/2008 3:26:55 PM PDT by bruinbirdman
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To: bruinbirdman

The EU -— Soviet Era Socialism moving to a contient near you....


2 posted on 07/12/2008 3:28:57 PM PDT by Americanwolf (Don't Think a cop will help? Try calling a crack head next time......!! Thanks Thorin!)
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To: bruinbirdman

The World has gone absolutely crazy!


3 posted on 07/12/2008 3:29:03 PM PDT by gunnedah
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To: bruinbirdman
We really ought to do something about free speech violations commited by EU state organs, including the courts. At a minimum the complainants, judges, prosecutors and others involved on the prosecutorial side should be banned from travel to or through the United States.

The head of state of the offending judge's country should be equally prohibited, and members of their parliament or other legislative body.

4 posted on 07/12/2008 3:29:43 PM PDT by muawiyah (We need a "Gastank For America" to win back Congress)
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To: bruinbirdman

This is why wise people just don’t ever give reasons why they hire or fire anyone. Or if they do, they’re canned ones.

Give no one any reason to second-guess your judgement. They have no right to control how you run your company unless you give it to them.


5 posted on 07/12/2008 3:42:48 PM PDT by CaspersGh0sts
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To: bruinbirdman
The European Court of Justice rejected those views, saying EU countries must provide for "effective, proportionate and dissuasive" sanctions -- including, possibly, injunctions and fines -- against employers who make sweeping statements viewed as discriminatory.

So by that logic I guess if I say that I ain't gonna hire any space aliens, I'd be guilty of discrimination.

6 posted on 07/12/2008 3:44:42 PM PDT by Joiseydude
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To: bruinbirdman

GOODBYE EUROPE!


7 posted on 07/12/2008 3:48:30 PM PDT by rocksblues (Folks we are in trouble, "Mark Levin" 03/26/08)
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To: bruinbirdman

The sooner europe (no capitalization justified) collapses, the better.


8 posted on 07/12/2008 3:48:53 PM PDT by RobinOfKingston (Man, that's stupid ... even by congressional standards.)
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To: CaspersGh0sts

On this basis, statements that one cannot associate with non-Muslims is a basis for discrimination charges and fines.
So what does Belgium do for preachers inciting Muslims with “The Koran calls for the killing of Christians, Jews, gays and atheists and we must obey the Koran”?


9 posted on 07/12/2008 3:53:36 PM PDT by tbw2 (Freeper sci-fi - "Sirat: Through the Fires of Hell" - on amazon.com)
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To: muawiyah
"At a minimum the complainants, judges, prosecutors and others involved on the prosecutorial side should be banned from travel to or through the United States."

U.S. Supreme Court Justice Stephen Bryer has stated publicly how much he admires the European Court of Justice in Brussels. Isuppose the other three socialists on the court agree with him.

One more leftie there and we might just as well send The Constitution to the Haig and see if it is OK by them.

yitbos

10 posted on 07/12/2008 3:53:53 PM PDT by bruinbirdman ("Those who control language control minds." - Ayn Rand)
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To: bruinbirdman

hague


11 posted on 07/12/2008 3:56:41 PM PDT by muawiyah (We need a "Gastank For America" to win back Congress)
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To: bruinbirdman

dissuasive ????


12 posted on 07/12/2008 3:57:33 PM PDT by kewlhandluke2
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To: CaspersGh0sts
"Give no one any reason to second-guess your judgement. They have no right to control how you run your company unless you give it to them."

Had an EEOC toady pay a visit to one of my warehouses in New Orleans. He asked how many blacks worked in my warehouse. Told him I didn't know, I don't hire by race, but I would ask all of them to report to the breakroom so he could count them.

yitbos

13 posted on 07/12/2008 3:59:17 PM PDT by bruinbirdman ("Those who control language control minds." - Ayn Rand)
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To: bruinbirdman
It would be nice, if as a small business Employer, I had an absolute right to decide who could work for me. Contracts should be mutually acceptable to both sides, but the way things stand now the would-be employee an absolute right to decide if he wants to work for me. I on the other hand have only a limited right to not hire some people, maybe they will eventually even things up and let me hire someone even if they don't want to work for me.
14 posted on 07/12/2008 4:03:42 PM PDT by Libertarianize the GOP (Make all taxes truly voluntary)
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To: tbw2
"On this basis, statements that one cannot associate with non-Muslims is a basis for discrimination charges and fines."

In communist countries there are many laws. Their constitutions usually run to thousands of pages. In fact, there is no rule of law. Everything is illegal. The state just decides when it wants to arrest you.

This is the goal of all socialist states.

yitbos

15 posted on 07/12/2008 4:05:35 PM PDT by bruinbirdman ("Those who control language control minds." - Ayn Rand)
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To: bruinbirdman

Did they end up doing a head count?


16 posted on 07/12/2008 4:06:24 PM PDT by tbw2 (Freeper sci-fi - "Sirat: Through the Fires of Hell" - on amazon.com)
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To: muawiyah

“At a minimum the complainants, judges, prosecutors and others involved on the prosecutorial side should be banned from travel to or through the United States.”

I like it.


17 posted on 07/12/2008 4:18:29 PM PDT by villagerjoel (Unfortunately, Mr Worsley's crab will not be displayed in any museum. A friend has eaten it.)
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To: bruinbirdman
We saved them from Hitler for THIS!?!?!
18 posted on 07/12/2008 4:21:17 PM PDT by angkor (Conservatism is not now and never has been a religious movement.)
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To: tbw2
Of course not.

This was at a time when President Reagan was doing away with government subsidised employment. You know, if your starting rate is $2 over minimum wage, Uncle Sam would send you someone from one of their training facilities and you could hire them at mimimum wage and Uncle Sam would subsidize the $2 difference.

That program had been in existence since before Reagan. I had never heard from them until Reagan said he it was not in the next budget. Poof, and that program was gone. But in the last three months of the program, the gov't workers thought that if they finally did some work, the program might be saved.

Lots of federal employees were spooked by Reagan and his conservative congresses.

yitbos

19 posted on 07/12/2008 4:48:01 PM PDT by bruinbirdman ("Those who control language control minds." - Ayn Rand)
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To: bruinbirdman

Sounds like Europe is just catching up to the U.S. here. If it is illegal to discriminate in employment on the basis of race (for example), isn’t it just as illegal to announce that you intend to do so?


20 posted on 07/12/2008 5:38:07 PM PDT by tvdog12345
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