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- Path: sparky!uunet!think.com!hsdndev!spdcc!rdonahue
- From: rdonahue@spdcc.com (Bob Donahue)
- Newsgroups: soc.motss
- Subject: Re: Private antidiscrimination policies in CO (was Re: Attention...)
- Message-ID: <1992Dec31.032000.10182@spdcc.com>
- Date: 31 Dec 92 03:20:00 GMT
- References: <1ht79qINN6dp@hp-col.col.hp.com> <C03G46.4B4@hpuerca.atl.hp.com> <1992Dec31.002814.1979@netcom.com>
- Organization: insert anything here
- Lines: 51
-
- solovay@netcom.com (Andrew Solovay) writes:
- >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 distinguish what's beiung argued, it only
- states that discrimination on the basis of orientation can't be used.
- Therefore, in CO's eyes no breach of contract exists, because
- I'm' not allowed to claim the breach took place.
-
- "Why are you suing Foo Inc.?"?
- "They fired me because I am [censored] and violated their
- EE stament on the grounds of [censored]"
-
- What's their EE statement?
- Their EE statement forbids discrimination on the basis of race,
- age, sex, handicap, marital status, veteran status, ... and [censored].
-
- Well, I'm sorry but it doesn't appear you have a case, since
- from what we can see no unallowed discrimination took place.
-
- But they have something that includes [censored]!
- Yes, but that's a *private* matter - you have to take it
- up wuith them.
-
- I can't - they are the ones that fired me!
-
- Sorry, can't help you.
-
- ---
-
- I can't recall anything like CO2 hitting the courts where
- a person isn't allowed to claim X. Near as I can recall, you can claim
- anything, just that a lot of things aren't going to do much for you.
- CO2 - "predecides" this for us.
-