originally posted by: twhite93
a reply to: Grimpachi
But shouldn't it protect your job based on the premise that freedom of speech is upheld in all places and that includes the private sector. It would
be hypocritical of our government to not uphold those who have had their rights infringed upon by their workplace. Firing an individual for signing a
petition seems discriminatory. Discrimination in the work place is most definitely illegal. Can businesses not be held accountable for their
No. The Bill of Rights prevents the government from infringing your right to say anything you want, but that doesn't mean there aren't consequences
for what you say and do. Part of your "freedom" is also to associate with whom you choose. A company also has that same right, to associate with
people who they feel will best represent the company. When you go through a hiring process, it's not just a numbers game where X month's experience
"entitles" you to Y job. It's an examination of your character.
When you talk about "workplace discrimination" you need to be careful about terms. A workplace cannot discriminate based on your gender, for
example, because that is beyond your control. Various other issues of your personal life are also specifically protected (even though it could be said
you have control over them), including your sexual orientation and your religion and, in some cases, even your age. These are "protected classes,"
but even here you have to prove your case. In other words, claiming, for example, that you were discriminated against because you were over 40 years
old must be backed up with solid statistical data proving that age was THE factor. If an employer can show that, hey, we've got 10,000 employees and
X% of them are over 40 just like the population in general and further, X% were promoted or otherwise treated the way you think you ought to have
been, so obviously, we do not discriminate by age and we can prove it. In an event like that, your case will be dismissed.
But you are expanding these kinds of definitions way beyond what the law intends to everything you say or do, and most of those things are not in any
way "protected" on the job. They aren't addressed by the Bill of Rights. They are not in any way illegal. That's one reason employers can legally
test you for drug use. Yes, you may only do drugs on your own time, but if you are under the influence, then you are a liability to the employer and
they are not required to keep you employed.
So basically the issue is this. If the employer thinks you are a jerk, then you are a jerk by their definition, and they do not need to hire jerks.
Stuff you say and do can definitely be scrutinized to determine if, to the employer, you fit this category. Facebook posts, and posts like this on a
forum, are fair game. Yes, it's your "right" to post what you want according to any site's T&C, but it is also the right of an employer to make a
determination about your character based on how you display yourself. If your definition of a "jerk" is different, so be it, but that won't get you