Corolinth wrote:
Actually, I was discussing this with Taly last night. It is illegal in the state of Missouri (and possibly other states) to inquire about an applicant's marital status on the grounds that employers were discriminating based on marital status. Married women are (or were, this may have changed since the law went into effect) the least productive members of the work force. They have a tendency to take maternity leave, causing the employer to pay the salary of someone who is not working as well as hire a replacement, and they are noticeably more lax about showing up to work because they are a secondary income. Married men, on the other hand, are the most productive workers.
Married women were being discriminated against in favor of divorced women over the age of 40. More bases for discrimination are illegal than just race, religion, and creed.
This is not a simple matter of free association. Unlike a church or a social club, a business wields a certain amount of power and control over its employees. Real, tangible power, not the perceived power of a man in robes with a fancy religious symbol and a book. The sole purpose of government, as outlined in the founding philosophy of the country, is to secure freedoms for the individual against those with the power to take it away..
Well you attribute this to discrimination against their marital status, I would attribute it to the company wanting to hire the best worker for their dollar- which is not only in their best interest, but I believe that it's the right of the owner. Why wouldn't you want to hire the most qualified applicant for the position? So the unintended concequence (or intented) is that employers have to build in more cost to the hiring process with women because they have to assume that every woman is going to get pregnant and have to take leave at some point in employment. Is that an entirely bad thing? Perhaps not, but it's better as an employer to have all the data up front rather then playing a guessing game.
Corolinth wrote:
A hospital having a no smoking policy is one thing. A hospital dictating that you not smoke on your private time is entirely different. You'll do what we like, or you won't work. That isn't how this game is played. When I'm not at work, that's my time, not my employer's. Now, you might think it's a small thing for one hospital to do it, but then it gets popular and every hospital jumps on the bandwagon. You will do what we like, or you won't work. Now it's no longer a matter of finding a new hospital, I have to find a whole new state, or a new profession, or give up smoking - but giving up smoking is my decision, not yours, and not the hospital's..
My company has a zero % alcohol tolerance while on company time. Which means from the moment I am " on the clock" I am to have no alcohol in my bloodstream. Does that infringe on my free time before work if I wanted to have a drink and am engaged in a legal activity? Yes, but that is the agreement I have entered into with my employer as a condition of my employment. I see the smoking thing as no different. They want the healthiest canidates who are also the most productive, and if you would like to work there, you need to meet all the requirements. Does this make discrimination based on education or work experience wrong as well? If the hospital only wants staff with 5 years + experience is that "too much"? Yet my examples are very real and very accepted aspects of the marketplace.
Corolinth wrote:
This is not a slippery slope fallacy, it's a very real scenario. One hospital is doing it. Two years from now, if this is allowed to continue, others will adopt the same policy. It is, quite literally, a "You will do what we like or you won't work," scenario. Free association does not give you the right to make other people behave in a manner that pleases you. When you are making lifestyle decisions for other people who are not able to deal with you as an equal (which an employee facing their employer is not), then it's time for the law to step in.
What do you feel are acceptable discrimination criteria in this case? Weight? Physical ability? Life experience vs education? How far can an employer go to secure the success of their business?