Inducing People’s Employers to Fire Them Should Be a Civil Wrong
quillette.com
quillette.com
Why not stop discrimination over all ideologies? Maybe somebody will start a religion for Nazism.
I've looked through your profile and you always seem to provide good explanations so I'd love to hear your thoughts. I hope you can believe me that this is a question asked in good faith.
Religions are often very sticky by location or by cultural subset, so if you decide to discriminate against religions, often you're not really discriminating against someone's free thought, but just where they happened to be born and what kind of culture they grew up with.
> at least in a free society
Lots of religious people do not come from societies one would reasonably call "free".
Edit: If we're going to use the logic that religious views should be protected due to their inherent "stickiness" relating to family and culture, and other aspects out of one's immediate control, I'm not convinced that other ideological views are any less "sticky" and thus not equally worthy of protection.
You can be a communist without anyone knowing. I have a set of some very odd beliefs, nobody really knows unless they ask.
You can't quite do that with religion when you have days you can't eat meat or you can't work because you have to go to a special building or what not. Or often religion instructs you to talk about it. Ideology can stay in your head; religions (properly followed) tend to be disruptive to one's entire lifestyle, so if a society doesn't protect it, it can as well declare the religion invalid for what that's going to do to it.
Which might be what the society wants to do, but you should understand what it is that you're doing.
(It's true that one way to solve this problem would be to highly regulate (or ban, but that's not quite necessary) religion and make sure that people's day-to-day interactions outside of worship are free from religion, with the aim of making it easier to change religions in practice. This would probably start with making it illegal for parents to take their children along with them to religious services or education. There are certain advantages there - but it would be such a huge change from existing free societies and such a huge infringement on how we currently treat religious liberty, that it's hard to say that this is how a free society should work.)
This is also why free societies with nondiscrimination-on-religion norms also tend to give partial but only partial deference to religious beliefs that conflict with secular laws. If it is important to you to have one day of the week off plus a few holy days, great, we can certainly protect your right to do that. If it is important to you that you not have to engage in war, that's fine but we'll still draft you into non-combat service. If it's important to you that you not execute certain laws as a government official or fill certain prescriptions as a pharmacist, that's also fine but you're going to need to find some career other than being an official a pharmacist.
'The test of religious belief [...] is whether it is a sincere and meaningful belief occupying in the life of its possessor a place parallel to that filled by the God of those admittedly qualified for the exemption.'
So a non-religious person like yourself can have their 'ideology' legally protected from discrimination, as long as it passes the same 'sincere and meaningful' test that other protected religious beliefs do.
So the key to answering your good-faith question is in the definition/scope of 'religious' belief. A 'religious' belief (in this narrow context of US Title VII law) must meet a higher standard than a more general 'ideological' belief in that it must be both sincere and meaningful, and I would argue that a sincere belief meeting this higher standard is, by definition, not 'something that a person can readily change'.
Not to mention me having to pay for them indirectly.
> it must be both sincere
Yes.
> and meaningful
Most certainly yes, considering the millions that fought for and against it.
> a place parallel to that filled by the God
Ultimate goal of purification.
Charismatic and visionary leader.
Integrated New Testament and writings by Martin Luther as holy texts. John 8:44, Cleansing of the Temple, Luther's On Jews and Their Lies
Aryan/Nordic chosen race. (Compare: Jewish chosen race.)
"Sought to convince all parts of the new German society to subordinate their personal interests to the 'common good'" (Compare golden rule, and religious communes.)
> not 'something that a person can readily change'
Often yes. (Though I do take issue with this one, given that conversion is the most talked about religious experience there is.)
[1] https://law.justia.com/cases/federal/district-courts/FSupp2/...
So, you do support laws banning religious discrimination but support discrimination against say white supremacists?
The major reason people don't support lgbt rights is because of religion. Koran and old testament explicitly speak out punishments for homosexuality. Koran also says that for apostasy. Would you protect hateful speech against lgbt rights or athiests? If not, how are you determining the "true Islam" or "true Christianity"? Should we silence only the ideas you deem undesirable?
Religion is a sticking power, sure. But so does casteism, white superiority, racism etc. It is not easy to change ideologies (just like religion) and I don't think we want a government to actively ban any speech on them (if not calling for violence).
Let's say you're running a coffee shop. One of your servers posts a lot of racist stuff about minorities on twitter and it comes to light.
You want your shop to feel welcoming to all customers, keeping that person on is clearly untenable, potentially even a risk for the business to survive.
Granted the article at the end does take a more measured approach compared to the title that seems a bit absolute.
If nobody coming to the shop feels threatened, if the server's attitude towards the customers is not racist, if nothing that the server is doing in their private life is affecting your business, should you really be bothered?
Because, it feels to me, that once we give in to our imagined fears, we are only a few steps away from becoming what we feared.
Mozilla presumably has or would have gay employees. Meanwhile here is a guy running the company supporting a cause to limit a specific group of employee's rights to marry.
That's no small thing, it's not some generic labor dispute, it's a very specific action that is specifically targeting a group of employees legal rights regarding marriage.
I think there is a legit leadership problem there.
Specifically, he donated $1000 to Prop 8. If you're going by that standard....literally the majority of California is ideologically unfit to lead.
I do think a lot of people are in fact unqualified to lead.... being CEO is a very different job.
"Hey what if I financially supported a cause that would restrict the marriage rights of some of my employees, but not others?"
What do you think they'd say about his leadership there?
> If you think it is legitimate to have a promotion ceiling for donators to a particular political side, why not voters
I feel like the other post you're over generalizing to the point of irrelevance.
Donating and voting are the same, in that both are actions of people harboring views that are (supposedly) at odds with effective and fair leadership. Of course, donations make the inability known, whereas by only voting, the inability is real but unknown. I can't say for sure which people voted for Prop 8, but can say that most people are ideologically unqualified.
> I do think a lot of people are in fact unqualified to lead
Naturally only a small percentage of the population are qualified across the board to be CEO of Mozilla.
But that's not what's interesting. What's interesting is that most Californians have political views outside of the realm of acceptability for CEO circa 2014.
I've also never thought that the ballot box would one of the majority-disqualifying criteria.
But I've learned.
I'm not against gun control, but the argument here isn't a slippery slope one. This is very close to believing or not in gay rights.
I think the idea that even legally we look at things differently when they're targeting a specific group is pretty well established and the difference in your example lies there.
I doubt that is the standard you mean to propose.
If someone say, ardently supported removing virtually all rights to free speech, in your mind does that fit into Prop 8 unacceptability or gun control acceptability?
> If it was gun control specifically targeting people based on race, sexuality, etc then yes.
I think the "specifically targeting" aspect is an odd choice of standard.
You're saying if a CEO advocated for restricting gun rights for everyone, that would be acceptable.
If a CEO advocated for restricting free speech for everyone...would that too be acceptable?
The Constitution does not grant rights. It protects natural rights inherent to man.
The Constitution also limits the govt... not the people.
(Gun control isn't quite analogous here for a few reasons, one major one being that employers care a lot about who you marry, for insurance and family-leave reasons, and employers tend to care little about what guns you own. But if you can construct some situation where, I dunno, you interrogate employees about their guns or they want to open-carry at work, it's a little closer.)
Remember that nobody cared about Eich's views when he was CTO. He could have remained CTO for years, and the question of his suitability as chief executive wouldn't have arisen.
Employers don't care who you marry; they care if you marry. Although, those matters are related.
Similarly, employers doesn't care if you or others own a gun; they care if you are alive and healthy. And those matters are related. [Insert debate here about the direction of that relationship.]
Sure. And if you are married to someone of the same gender, you reach the situation where the question of if you are married has different answers to different people.
Or more precisely, your employer doesn't care if you are married, either; many states had processes for extending insurance benefits to either registered domestic partners or unregistered people that you just state an intention to live with long-term in a marriage-like way. Your employer cares that the social good promoted by insuring a family and not just the individual employee is a) actually being used when appropriate and b) not being used contrary to their wishes when not. If the employee's and employer's idea of social good and social ill are at odds, the employee should think twice about whether this employer is a good long-term (or even short-term) place for them.
The fact that this question arises with a significant number of Mozilla employees made Mozilla and Eich a poor match.
No one has a different answer to this question.
This isn't baptism. If one group could have one answer and another group could have a different answer, there would have no need for Prop 8, et al. The conflict arose because there is only one answer to which people have entered into a state-administered legal contract.
(I can't tell, are you disagreeing with my point or just picking at the words I'm using to make it?)
FYI, the validity of existing marriages was never really on the table.
> I can't tell, are you disagreeing with my point
I'm disagreeing with "gun control isn't quite analogous here for a few reasons".
What if a leader opposed gun rights, thus removing employees' ability to protect themselves? Or what if a leader supported gun rights, thus making employees' communities more violent?
What if a leader opposed abortion rights, thus imposing an inappropriate level of control on women and their bodies? What if a leader supported abortion rights, thus showing a fundamental disregard for human life?
What if a leader supported minimum wage, thus showing a poor grasp of economics? What if a leader opposed minimum wage, thus hurting his employees financially?
What if a leader wanted increased defense spending, thus recklessly endangering the well-being of the world? What if a leader wanted decreased defense spending, thus recklessly endangering the well-being of the world?
What if a leader has Communist sympathies?
Or let's bring it back to marriage: What if a leader supported rights to polygamist marriage? What if a leader opposed rights to polygamist marriage?
The usual response to this is "Well, OBVIOUSLY X is the right thing." Despite the fact that the country at large does not have anything resembling consensus on these issues. (Just as the supposed "obvious" answer to Prop 8 was evidently very non-obvious to most Californians in 2008.)
Statistically speaking, it is very likely that a CEO's political views are at odds with half of his employees.
I don't think it's noteworthy that a CEO doesn't vote the same way as some employees; I think it's notable that a CEO was fired for it. How many companies have done that?
> billions of people who are ill-suited to be CEO of Mozilla.
Specifically (and this is really important -- you can't leave this out) because of their political affiliation.
If you're a CEO you're naturally raising leadership questions if you're donating money targeting the marriage rights of some employees.
Eich did not donate to Prop 8 because he hated his gay employees or whatever. He donated because of his beliefs on marriage. Marriage holds a important place in our society, and for good reason---we're animals that reproduce and live in families, not atomized immortal legal entities. If you believe there is something special about the relationship between a man and a woman specifically---and this doesn't seem like a very outlandish idea---then marking that relationship out, giving it a unique name, seems appropriate. It was not about "limiting the marriage rights of his employees" so much as giving a definition of what the term "marriage rights" even means.
This conversation requires a lot of trust and empathy on both sides and is very likely to go wrong, which is why Eich didn't go rubbing his employees' noses in it. Once someone views something as their right, it becomes a very sensitive thing to suggest that, uh, maybe it's not. And remember that this isn't about "You can't tell me who to love" (could anyone stop you?) but "you can't deny X legal status to my relationship."
Yeesh. I still don't want to touch this with a ten-foot pole.
Beliefs about homosexual marriage, adoption, marriage of minors, shared property, divorces/annulments, parental rights, polygamist marriage, etc.
How's it work in Norway? They usually do a good job of making Americans look silly when we say "that can't work because..."
In the UK, where I ran a business and employed people, you need a small mountain of paperwork, collected over a fair period of time, to show that you tried in good faith to remedy the situation with the employee (in case of performance). Budgetary concerns also carry a heavy burden of proof. It really is a difficult and time-consuming path. Most medium and large companies choose to bypass the whole thing and offer a "compromise agreement", essentially "we give you x months pay right now if you sign this agreement where we mutually agree not to sue, or talk bad against eachother, and you GTFO right now".
There is a significant risk of something called "constructive dismissal" meaning you made it unreasonably hard for someone to be effective in their workplace, that is decided by an employment tribunal. As an employer, the system is undoubtedly a burden, but as a human, I always found I could live with it. I had one instance where it was open-and-shut grounds for instant dismissal, and I still had to spend 4 months going through the process to ensure I was fully covered and not liable to some tribunal action. That sucked, but in the end there are many large firms that will fuck over employees without a second thought (USA style), and employees need protection from that.
I don't believe having laws that make people hard to fire is the right solution, because a healthy relationship with your work is absolutely critical for a fulfilling job. In essence, jobs should be mutually voluntary and easy to terminate with reasonable terms and notice.
I think what is more important is that there should exist sound social infrastructure and safety-nets that affords employees better negotiation power. There is nothing that makes you weaker in a negotiation than being desperate for the transaction.
Let's face it, we are headed into a new era and a new industrial revolution that is going to make millions of jobs obsolete.
If this sounds too much like an argument for Universal Basic Income, it is not because it is intended to be, it is because UBI may be after all the right solution going forward.
Just like the last one.
I agree with you on that. But that's not what we have right now. The entire US (IANAL) is At-will employment. Which means that you can be let go for nearly any reason. There are no safety nets that will protect you if you're in the right. (I.e. The employer didn't want to hold their end of the bargain on vacation time when it's "unlimited pto")
Having an internet mob going after you because you made a silly comment off the job on Twitter or that you don't agree with the current political climate is not a reasonable reason to fire someone.
This is an honest question from you, but to some it might seem like a no-brainer. I think a lot of it has to with personality types.
Employer-employee disbalance is already an issue, and it is worth asking if it wasn't present, if this situation would happen at all. This is not the first and the last problem caused by that disbalance, and for anyone observing, stuff like this is old news. There were the teenagers with drunk selfies, no mob required. Lots of very random stuff can get you fired that does not involve Twitter mobs and it all comes back down to the same thing. Note that the title of the thread is "inducing employers to fire them", and explain to me how that statement makes any sense outside of a very imbalanced relationships.
You might disagree with this statement overall, but it is the one I am making.
Tomorrow will be my first day at a Day Labor line... my latest Tweet storm is about taking illegal immigrants' jobs and making their babies starve; offering for my former employer, OpenTable, to give $200k worth of food vouchers in their crusade against bigotry (my old compensation :).
I'm looking forward to meeting my next employer who takes all of this as seriously as I do.
Someone had a great quote that I'm going to screw up big time here, but it was something like, "Every civilization is invaded by barbarians, they're called children."
Now as a parent it is amusing, but I belive the quote really was intended to note how children aren't born making good decisions or making decisions that support a community or civilization. Rather they must be taught to resist the negative instincts in order to maintain society.
This is the key point in the article IMO. Companies could shrug off these online mobs with a simple "none of our business" (and they have done so plenty in the past). Nowadays, however, every company is working its way into completely unrelated social causes simply for marketing, and employees must bear that burden whether they like it or not.
Of course, this position is frustrated by there not being a clear cut distinction between work persona and private persona.
Ideally, with a platform like Twitter, you'd have two personas, one tied to your employer or professional life, one tied to your private persona... For example, Rosanne or the people in the article.
In the current form of democracy, freedom of expression exists only when it is convenient for masses or when the elites need to push an agenda.
I'm sure the reporter in the sorry feels passionately about his position but if you use strong right/wrong language someone will probably end up feeling offended and get defensive.
Huh? What would this prove? Doesn't this happen already? Are you not aware of Godwin's law?
https://xkcd.com/1357/ sums it up quite well.
However, if those beliefs are one of a terrible person, as judged their local social and professional networks, then they should be prepared for the consequences.
However, once those beliefs leave your head and alter your conduct or others perceive that they can alter your conduct, then you are responsible for what you get.
"When a Stranger Decides to Destroy Your Life"
https://gizmodo.com/when-a-stranger-decides-to-destroy-your-...