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- Newsgroups: soc.motss
- Path: sparky!uunet!spool.mu.edu!umn.edu!csus.edu!netcom.com!solovay
- From: solovay@netcom.com (Andrew Solovay)
- Subject: Private antidiscrimination policies in CO (was Re: Attention...)
- Message-ID: <1992Dec31.002814.1979@netcom.com>
- Organization: People's Front of Judea
- References: <C03DKL.ux@hpuerca.atl.hp.com> <1ht79qINN6dp@hp-col.col.hp.com> <C03G46.4B4@hpuerca.atl.hp.com>
- Date: Thu, 31 Dec 1992 00:28:14 GMT
- Lines: 38
-
- In article <C03G46.4B4@hpuerca.atl.hp.com> mhr@hpuerca.atl.hp.com (Mike Reaser) writes:
- >In <1ht79qINN6dp@hp-col.col.hp.com> smithw@col.hp.com (Walter Smith) writes:
- >
- >>> BBC put it best: all the Equal Opportunity policies in world are useless
- >>> if the _law_ doesn't allow you to use them. And that's what Amendment 2
- >>> does.
- >
- >>You really think HP would fire you in violation of their own EE statement?
- >
- >It's possible. In Georgia, I could seek relief in the court system.
- >In Colorado I could not.
-
- I don't see how this follows from CO2. If FooWare has an
- anti-discrimination policy and they violate it, that's a breach
- of contract, and I don't see how CO2 would prevent you from suing
- successfully. Granted, CO2 prevents the law from *mandating*
- non-0discrimination; but if a company sets up such a policy
- voluntarily, they would be bound by it the same way they'd be
- bound by any other agreements.
-
- CO2 doesn't say anything about private antidiscrimination
- agreements; it only talks about antidiscrimination *laws*, which
- are government policies, not private ones.
-
- Are their any lawyers out there who disagree? If so, what are my
- mistakes?
-
- Mind you, FooWare might be able to get away with discrimination
- in *hiring*, since it would be discriminating against people with
- whom it had made no agreement. But I don't see how it could
- *fire* someone, in violation of an anti-discrimination policy,
- without leaving itself open to a breach of contract/promise/
- whatever suit.
- --
- Andrew Solovay
-
- "I is not now, nor has I ever been, a Human Bein'!"
- ---Pogo Possum
-