Rorinthas wrote:
Also for the record, are you advocating that employers should be able to not hire people who don't share their values if those values affect job performance? So you are against ENDA then, right?
For the most part, yeah, I don't agree with imposing non-discrimination laws on private employers. The exceptions would be government contractors and companies otherwise accepting government grants and funding. The government shouldn't be funding discriminatory practices that it could not engage in itself. If you take the money, you agree to play by those rules. I would also make an exception for those rare and extreme circumstances where the level of societal discrimination is so intense and widespread that government intervention is the only way to crack the mold in the foreseeable future (e.g., the Civil Rights Act and similar legislation in the 1960s). An argument for anti-homosexual discrimination rising to that level could certainly have been made 40 or 50 years ago, but not today, so yes, all else being equal, I'm inclined to oppose ENDA standing on its own. However, given that we do impose anti-discrimination laws for other aspects of identity, and those laws aren't going anywhere, I'm conflicted about whether it's worse for the government to expand those laws to homosexuals or to continue discriminating itself by denying the protection of those laws to homosexuals. Sort of a damned if you do, damned if you don't situation. On balance, though, I probably come down on the opposition to ENDA side (much as I dislike the bulk of my company there).
Having said all that, even if we do have non-discrimination laws, I think it'd be nuts to require employers to accommodate employees with beliefs that materially interfere with their job performance, as in the two examples in my OP.