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 ...
The EU -— Soviet Era Socialism moving to a contient near you....
The World has gone absolutely crazy!
The head of state of the offending judge's country should be equally prohibited, and members of their parliament or other legislative body.
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.
So by that logic I guess if I say that I ain't gonna hire any space aliens, I'd be guilty of discrimination.
GOODBYE EUROPE!
The sooner europe (no capitalization justified) collapses, the better.
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”?
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
hague
dissuasive ????
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
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
Did they end up doing a head count?
“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.
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
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?
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