[epithermal]

I am wondering what a “lesser degree of influence” would mean legally? From the article:

“”The Supreme Court has not yet resolved the circumstances under which an employer may be held liable based on the discriminatory intent of employees who influence but do not actually make the ultimate employment decision,” Judge Daniel Hamilton wrote for the court’s three-judge panel.”

Imagine you are an employer and lay off a person based on complaints, racial or otherwise, from an employee about another employee. I would say you would have to be very certain of the circumstances before firing anyone or face the liability.

[freedumb2003]

>>Imagine you are an employer and lay off a person based on complaints, racial or otherwise, from an employee about another employee. I would say you would have to be very certain of the circumstances before firing anyone or face the liability.<<

Having been an employer, that has been true forever. And there isn’t hard and fast guidance from the courts either. This case doesn’t appear to provide much more guidance, either. It seems to be narrowly framed.

[John O]

Imagine you are an employer and lay off a person based on complaints, racial or otherwise, from an employee about another employee. I would say you would have to be very certain of the circumstances before firing anyone or face the liability.

Which is why you must discriminate in hiring. Once the savages are inside there's no good way to get them out.