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PostPosted: Tue Jan 04, 2011 4:23 pm 
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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?

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PostPosted: Tue Jan 04, 2011 5:14 pm 
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What if they were discriminating against people you liked, such as registered gun owners?

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PostPosted: Tue Jan 04, 2011 5:37 pm 
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Rorinthas wrote:
What if they were discriminating against people you liked, such as registered gun owners?


Happens daily. And few bat an eyelash at the practice because it's "those" people. But since I respect their property rights, I move my business to those who are friendly to my lifestyle.

I just can't wait till smoking becomes equated to civil rights. Seems to be the the new Godwins law.

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PostPosted: Tue Jan 04, 2011 6:19 pm 
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Elmarnieh wrote:
Let them do it. Excluding labor to certain markets raises the cost of labor. Making more negative demands further removes employees and raises it further. Competition will sort out the rest.


They wouldn't do it if it raised the cost of labor. It's going to decrease the cost of labor when they don't have to pay health insurance claims related to the smoking.

The easiest way to solve this problem is to not require corporations to charge every employee the exact same amount for the company's health insurance plan.


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PostPosted: Tue Jan 04, 2011 6:30 pm 
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Xequecal wrote:
The easiest way to solve this problem is to not require corporations to charge every employee the exact same amount for the company's health insurance plan.


Not under the current administrations line of thought. Everyone is "equal" no matter how bad they are f'ing up their own lives.

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PostPosted: Tue Jan 04, 2011 8:43 pm 
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Seriously though, the double standard with this is appalling. If a company wanted to not hire black people for positions that handle a lot of money under the rationale that crime rate amongst black people is far, far higher than amongst white people, everyone would be shocked and angry. But because it's smoking, it's perfectly acceptable to discriminate and enforce your will on others!


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PostPosted: Tue Jan 04, 2011 9:49 pm 
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I have no problems if a business decided not to hire people of a certain ethnic background, pr perceived ethnic background.

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PostPosted: Tue Jan 04, 2011 10:50 pm 
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Xequecal wrote:
Seriously though, the double standard with this is appalling. If a company wanted to not hire black people for positions that handle a lot of money under the rationale that crime rate amongst black people is far, far higher than amongst white people, everyone would be shocked and angry. But because it's smoking, it's perfectly acceptable to discriminate and enforce your will on others!


I have a difficult time seeing the double standard. I feel you are mixing things up in order to prove a point.

Smoking is a lifestyle choice. Being black isn't. You can disqualify applicants based on facts, not assumptions. A company can't disqualify an applicant because of their ethnicity. A company however can disqualify an applicant if that applicant had made poor life choices that prevent them from meeting the stated criteria for the job. It seems to follow a logical path. You will prob be DQ'd from being a bank teller if you have a criminal history, or say even strained finances which "could" make you a risk for theft. It makes sense that in a healthcare field, the employers would want employees that take their own health seriously- even if it's just a show for the insurance company.

On a related note, don't Police Officers have a code of conduct which regulates their behavior even when not at work? Why wouldn't we hold our health care professionals to a higher standard as well or should we consider that a violation of the Police Officers rights?

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PostPosted: Tue Jan 04, 2011 11:54 pm 
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Actually smoking is just as much a choice as being black. Your brain was formed from the same cellular division that formed black skin, and it governed your behavior that included the smoking habit.

I've seen a ton of overweight nurses, should they all be unemployed? Should you not hire people who don't eat nutritiously?


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PostPosted: Wed Jan 05, 2011 4:11 am 
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Lex Luthor wrote:
Actually smoking is just as much a choice as being black. Your brain was formed from the same cellular division that formed black skin, and it governed your behavior that included the smoking habit.

I've seen a ton of overweight nurses, should they all be unemployed? Should you not hire people who don't eat nutritiously?


Really Lex? So the color of my skin is my choice? So you can choose to become black as easy as starting smoking? Is there a quit being black patch? Is it called Nig***ette? /facepalm. As to the overweight nurses- if their weight prevents them from doing their job then yes, they should be let go. Why should extra burdens be on their coworkers if the overweight employees can't do certain things.

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PostPosted: Wed Jan 05, 2011 5:39 am 
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Hannibal wrote:
Is there a quit being black patch? Is it called Nig***ette?

I'm very glad I wasn't drinking anything when I read this. So is my iPad.


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PostPosted: Wed Jan 05, 2011 7:48 am 
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I never claimed that race is your choice. But since we are on the topic of biology, the "choice" of smoking is irrelevant, because the same biology that makes you black is what makes you smoke.


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PostPosted: Wed Jan 05, 2011 8:31 am 
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That's incorrect, Lex. There are certain genetic markers that indicate a *predisposition* to smoking, but it's not a guarantor. All you can say is that somebody was born more likely to become addicted. Whether or not they try one and do so is their choice, still.

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PostPosted: Wed Jan 05, 2011 9:11 am 
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Lex Luthor wrote:
I never claimed that race is your choice. But since we are on the topic of biology, the "choice" of smoking is irrelevant, because the same biology that makes you black is what makes you smoke.



It's ok, Lex is just exaggerating again, just walk on by.

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PostPosted: Wed Jan 05, 2011 9:16 am 
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Raltar wrote:
The word tyranny in this thread title looks like tranny every time I see it. That's all I wanted to say here.

I believe this is the best thing said in this thread so far.

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Hannibal wrote:
Is there a quit being black patch? Is it called Nig***ette? /facepalm.

I stand corrected - I didn't read far enough.

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PostPosted: Wed Jan 05, 2011 9:32 am 
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Kaffis Mark V wrote:
That's incorrect, Lex. There are certain genetic markers that indicate a *predisposition* to smoking, but it's not a guarantor. All you can say is that somebody was born more likely to become addicted. Whether or not they try one and do so is their choice, still.


It's a mixture of their environment and upbringing too. Basically what it comes down to is you can't blame people for it anymore than their skin color. Their own "choice" is based on the biological makeup of their brain which they do not choose.


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PostPosted: Wed Jan 05, 2011 9:33 am 
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Nothing is anyones fault!

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PostPosted: Wed Jan 05, 2011 9:34 am 
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Rynar wrote:
Nothing is anyones fault!


You don't choose what skin color you have, and you don't choose what brain you have.

If you are going to discriminate based on people's brains in a way that has nothing to do with the quality of their work, then it is equal to discriminating based on skin color.


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PostPosted: Wed Jan 05, 2011 9:53 am 
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While it is true that "choice" is ultimately an illusion and our decisions are always predetermined by biology and programming, we don't understand that programming very well and we cannot use it to predict very much on an individual basis. We kinda have to give the fantasy of "free will" a bit of weight for any of societal structure to have any use, Lex.

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PostPosted: Wed Jan 05, 2011 10:05 am 
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Talya wrote:
While it is true that "choice" is ultimately an illusion and our decisions are always predetermined by biology and programming, we don't understand that programming very well and we cannot use it to predict very much on an individual basis. We kinda have to give the fantasy of "free will" a bit of weight for any of societal structure to have any use, Lex.


No we don't. People are not responsible for their biology. If it leads them to smoking and this does not negatively affect their work, then they should not be discriminated against.


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PostPosted: Wed Jan 05, 2011 10:10 am 
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Lex Luthor wrote:
No we don't. People are not responsible for their biology. If it leads them to smoking and this does not negatively affect their work, then they should not be discriminated against.


Murderers are not responsible for their biology. Perhaps they should just be allowed to continue murdering and not be discriminated against.

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PostPosted: Wed Jan 05, 2011 10:12 am 
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Talya wrote:
Lex Luthor wrote:
No we don't. People are not responsible for their biology. If it leads them to smoking and this does not negatively affect their work, then they should not be discriminated against.


Murderers are not responsible for their biology. Perhaps they should just be allowed to continue murdering and not be discriminated against.


This is stupid. Murderers are dangerous to society and should be locked up.


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PostPosted: Wed Jan 05, 2011 10:25 am 
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Lex Luthor wrote:
Talya wrote:
Lex Luthor wrote:
No we don't. People are not responsible for their biology. If it leads them to smoking and this does not negatively affect their work, then they should not be discriminated against.


Murderers are not responsible for their biology. Perhaps they should just be allowed to continue murdering and not be discriminated against.


This is stupid. Murderers are dangerous to society and should be locked up.


I agree. But now you see how following the logic of determinism doesn't work when it comes to law.

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PostPosted: Wed Jan 05, 2011 10:31 am 
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Talya wrote:

I agree. But now you see how following the logic of determinism doesn't work when it comes to law.


Yes it does. If there were evil killer robots, I would want them locked up too at least, even if their actions are determined. Dangerous things should be locked up or destroyed.


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PostPosted: Wed Jan 05, 2011 11:42 am 
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And where do you draw the line in the determination of danger?

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