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Quo Vadis GOP?

Started by Syt, January 09, 2021, 07:46:24 AM

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DGuller

Quote from: The Minsky Moment on September 16, 2025, 05:00:48 PM
Quote from: DGuller on September 16, 2025, 04:46:02 PMI think you're getting too technical, even some lawyers here don't understand the difference between discriminatory acts and the thought crime of being racist.  We're going to need some time to process that difference before we get into the weeds of what kind of discrimination is covered and not covered.

Being racist is a not a crime, or even a wrong under the civil law in itself.

Being racist can expose a company to civil liability though, as explained above. I.e. if hypothetically a senior manager went on the record making public statements like "black women do not have the brain processing power to be taken seriously," and that manager did not hire qualified black women candidates or fired otherwise qualified candidates, that company is likely to get sued and lose civil verdicts.
I concede that having a manager with a racist history might be a liability problem employer has to deal with in some way.  That still covers only a small portion of people with jobs.  Historically twitter mobs have not often checked the job grade and job responsibilities of the perceived offender before getting them fired.

Thank you for also confirming that the Civil Rights Act does not cover thought crimes.

Zoupa

Do we have any data on folks being fired for these free speeches they gave? This seems to be a uniquely american phenomenon.

Sheilbh

Quote from: Zoupa on September 16, 2025, 05:18:21 PMDo we have any data on folks being fired for these free speeches they gave? This seems to be a uniquely american phenomenon.
This is why I think it's downstream of employment law. For a while, for some employers I think it was just less hassle to fire someone and avoid being the main character of the day on social media. In countries where you have some process or employment rights that was outweighed by the risk of unlawful dismissal claims.

And obviously I'd say this but I think there was probably a class angle. For example I think in more traditionally protected sectors like academia it would normally be suspension and investigation not just firing - because I think those employees probably have better protection, unionisation and requirement of some process. If the employee was in a a more precarious sector/weaker worker power (like the Latino telecoms employee) then it would be very, very easy to fire them and unless there was a backlash (as in that case) a boss would face few consequences for that while a few days of bad social media would cause issues.

Obviously I can't help but note that the American right did not rush to provide workers with contractual protections and  actually just wanted the boot on the other foot (plus attack the few protected sectors left).
Let's bomb Russia!

The Minsky Moment

The US is pretty "special" for the very paltry employment protections it has.  The civil rights laws only cover certain protected classes. Anyone else can usually be fired any time for any reason unless their contract says otherwise. So yes an employer can fire you for saying mean things about Charlie Kirk, or alternatively for not getting someone's pronouns right.  But it's a pretty awful reason to fire someone in either case.
We have, accordingly, always had plenty of excellent lawyers, though we often had to do without even tolerable administrators, and seen destined to endure the inconvenience of hereafter doing without any constructive statesmen at all.
--Woodrow Wilson

Syt

I'm in favor of freedom of speech. However, I think intolerance shouldn't be tolerated.
We are born dying, but we are compelled to fancy our chances.
- hbomberguy

Proud owner of 42 Zoupa Points.

Razgovory

Quote from: Syt on September 16, 2025, 11:26:21 PMI'm in favor of freedom of speech. However, I think intolerance shouldn't be tolerated.

I bet "intolerance" can be defined in very creative ways.
I've given it serious thought. I must scorn the ways of my family, and seek a Japanese woman to yield me my progeny. He shall live in the lands of the east, and be well tutored in his sacred trust to weave the best traditions of Japan and the Sacred South together, until such time as he (or, indeed his house, which will periodically require infusion of both Southern and Japanese bloodlines of note) can deliver to the South it's independence, either in this world or in space.  -Lettow April of 2011

Raz is right. -MadImmortalMan March of 2017

Zoupa

So can free speech.

Syt

Quote from: Razgovory on September 16, 2025, 11:53:58 PM
Quote from: Syt on September 16, 2025, 11:26:21 PMI'm in favor of freedom of speech. However, I think intolerance shouldn't be tolerated.

I bet "intolerance" can be defined in very creative ways.

You're right, best not to try, then, in the first place. :)
We are born dying, but we are compelled to fancy our chances.
- hbomberguy

Proud owner of 42 Zoupa Points.

Admiral Yi

Quote from: Syt on Today at 12:51:02 AMYou're right, best not to try, then, in the first place. :)

Disagree.  That's the fatal flaw in wokeism.

Syt

Kindly elaborate.
We are born dying, but we are compelled to fancy our chances.
- hbomberguy

Proud owner of 42 Zoupa Points.