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Comment by sonnyblarney | Hacker News Reader

Termination at will doesn't cover things that violates people's rights, and a whole host of other things.

You can't fire someone because they are black, or gay, or Mormon, or get sick - and probably not because they fall in love with each other either.

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Most US employers absolutely can legally fire an employee because of who they fall in love with, as long as the action isn't based on a policy which disproportionately impacts a protected class.

Maybe you're right, but I'm doubtful. I wonder how it would hold up in a big supreme court challenge (or maybe it has already ... I'm not an expert)

You think maybe employment at will is just waiting to be tested in the Supreme Court?

Maybe it should.

"You think maybe employment at will is just waiting to be tested in the Supreme Court?"

It's in court right now.

And it always will be.

On what grounds are you doubtful? The concept of protected classes is well-defined and well-tested and "office lovebirds" aren't one of those classes.

For fuck's sake, "being gay" isn't even one of those classes.

Federal protected class, no. But in CA, yeah, it is.

https://www.employmentattorneyla.com/blog/2017/06/what-are-c...

About the same as "employee says controversial thing in personal life". In other words, employer has absolutely every right to fire them for their self-expression.

"About the same as "employee says controversial thing in personal life""

No way. Two people falling in love is not in the same category as someone saying public things.

Yes but "rights" are legally defined, not just 'well I feel like I have a right to this'. Employees dating their subordinates is not a protected class, so "and probably not because they fall in love with each other either" is factually incorrect.

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