Gallaudet official says she will seek compensation in anti-gay marriage petition disp

Re: Gallaudet official says she will seek compensation in anti-gay marriage petition

That's deplorable, and I hope she gets utterly stuffed if she litigates. The employer entered a voluntary relationship with her. They should have the right to terminate that relationship at any time or use disciplinary action to provide for consequences for inappropriate behavior.

In my view, this represents free speech protection that has gone way, way over the line into enslaving everyone else to make them sit there and take it. There have to be constraints, and since they can't be imposed by the government, we should allow individuals and organizations to provide sanctions. Free speech should not veto freedom of association every time.

 

Re: Gallaudet official says she will seek compensation in anti-gay marriage petition

She was the chief diversity officer? At the same time, I'm not really comfortable with people being disciplined for stuff they do off-the-clock. Unless the uni bans its employees from taking part in public political activity (many government jobs do, and I believe most journalists are also expected to refrain) I don't really see how they can justify this.

 

Re: Gallaudet official says she will seek compensation in anti-gay marriage petition

Freedom of association?

Another way to look at it is fitness for the position. If I demonstrate moral turpitude, I can get fired from my job, because as a public employee, I am in a position of special trust. If I violate that trust, I am not fit for the position. As the CDO, she's supposed to promote a safe environment for the students. That means she's supposed to understand and be on board these issues. If she's not, then she's not fit for the position.

 

Re: Gallaudet official says she will seek compensation in anti-gay marriage petition

I highly doubt her feelings about gay marriage just now popped up; she's probably felt that way for a while. Which makes me wonder, is there any evidence that she's discriminated or otherwise acted against LGBT students?

Because if there's nothing to suggest that she has acted unprofessionally, then any claim that there is a conflict of interest here is speculative. Yes, it could be a problem, but so far there doesn't seem to be any evidence that she let it be a problem.

Now it does seem odd that someone who is against gay marriage would head the Diversity Department, and I see why there may be a conflict of interest, and why people are upset and concerned. But with no record of her discriminating against the LGBT students, the "conflict of interest" argument isn't as strong as it first seems.

If there is evidence that she has not done her job fairly, then she has a problem and can be fired. Otherwise, I'm going to have to back her on the grounds that she has the constitutional right to sign that petition, as she did so on her own time, not representing the school.

At the same time, though, she publicly signed that petition. I'm going to agree with Chip; damage to her reputation is based on her signing that form, which she did willingly. It's pretty obvious what that could do to her, considering her job. I don't think her argument holds much water her.

Frankly I'm not favoring either side in this.

 

Re: Gallaudet official says she will seek compensation in anti-gay marriage petition

when you are hired to serve in the compacity of promoting and celebrating diversity on your campus, if you cannot live up to that, you dont deserve the job.

 

Re: Gallaudet official says she will seek compensation in anti-gay marriage petition

Solarcat, this is not a First Amendment issue. This is a employers have a right to decided what kind of a person they want working for them issue. This is also a fitness for the position issue. The position is to promote diversity and inclusion for the students. She doesn't do that to degree required. Someone else should do it. Whether or not she has done anything negative to LGBT students is completely irrelevant. The only thing that's relevant is that she know she doesn't include LGBT people in her vision of social justice at all. What kind of message does it send to the queer students there that the university is having her back because she complained?

 

Re: Gallaudet official says she will seek compensation in anti-gay marriage petition

would you hire a doctor who has a fetish for killing people?

Why would you hire a diversity coordinator who has an agenda against the equality and well-being of minorities?

Would you hire a lifeguard who cant swim, and is deathly afraid of water?

 

Re: Gallaudet official says she will seek compensation in anti-gay marriage petition

Suppose you ran a store of some kind, and you found out that one of your employees was racist and sexist. He wants a return to segregation, thinks women shouldn't be allowed to vote. If he kept those ideas to himself at work and still assisted blacks and women, just because it was his job, then you would have no legal right to fire him just because you disagree with him.

You claim that this is about whether or not she is fit for the job, and that "She doesn't [promote diversity] to degree required. Name an instance where she hasn't. What could she have done to better help her students at school? Feelings don't have a place in law.

Entirely different. Mostly because murder is illegal, and being against gay marriage is not.
Suppose you had a doctor who felt that homosexuality was a sin. If she refused to help a patient for this reason, then you can fire her for doing her job and endangering the lives of others. If she looked past her bias and provided the same care to LGBT patients, then there is no justification for firing her.

For the record, extreme comparisons like this sort of ruin your argument. It's like comparing Archie Bunker's beliefs to that of a Klan member. Not similar enough to be an effective argument.

Said lifeguard is physically and psychologically unable to do his job. McCaskill, to the best of my knowledge, did her job.

Because, as I've said before, there is no evidence other than your own worries, that her opinions would get in the way of her job.

So far, that's the argument I see; "It would prevent her from doing her job effectively," versus "So far, there's nothing suggesting it has."

Over two decades at that school, roughly four years at that position, and I haven't seen any record that she doesn't treat her students equally.

If, at some point in the future, there is a complaint that she isn't doing enough for the LGBT students, then they have something to use against her. But so far, I don't think there's any solid legal basis for termination.

 

Re: Gallaudet official says she will seek compensation in anti-gay marriage petition

Is your scenario allowing that he keeps those ideas to himself at work but advocates them publicly? If so, it would be extremely bad for my business not to be able to fire him, since other people would know that I hire racists and sexists. They would feel, wrongly, that I have no qualms in doing so. That would harm my business greatly, and I should have a right to prevent that harm. Where is my remedy if I have no freedom of association? That's what I'm trying to get you to understand. Freedom of speech doesn't even apply because it's a private contract we're talking about here, and even if it did, the freedom of speech should be balanced against my freedom of association and my legitimate interest in my business and public perception of it. Also, just from a social justice perspective, oppressive beliefs like this can only survive if it is safe for people to express these views without any lawful reprisal from private citizens. I feel that's extremely unfair and part of what makes explicit "political beliefs" protections in employment non-discrimination law quite problematic.

Sure, I'll yield on that point. I'm arguing not to win, but because I care. If she has been doing her job well, then that means she's meeting the performance measure, I suppose. But I flatly disagree that feelings have no place in law. They can and do apply in self-defense law and sexual harassment law, just to name two really trivial examples.

 

Re: Gallaudet official says she will seek compensation in anti-gay marriage petition

Honestly, I see no difference in this than that disgusting teacher that made headlines a few months ago for filling his Facebook with anti-gay statements about gay kids, and how they deserve to be miserable (or something of that nature)

If you are in a position where you are serving the public (medicine, education, whatever) I think you have to represent the community you live in, and be a bigger person, as opposed to a selfish bigot, which ultimately, is what he is. If you put yourself on the public stage, you deserve what you get.

 

Re: Gallaudet official says she will seek compensation in anti-gay marriage petition

Actually, depending on the state, I would. Would I say "you're being fired for being racist?" No, because I don't want to open the door to lawsuits.

But, for example, Washington is what's called an "at will" state. Businesses may fire "at will." There are no laws regarding dismissal, so businesses are not required to give warnings or follow any particular steps. In Washington, it's legal to be fired from any job for no reason. (http://www.lni.wa.gov)

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What gets me, is she has the gall to say "I am dismayed that Gallaudet University is still a university of intolerance." I'd fire her for being a fat hypocrite. And she wants compensation for her reputation being destroyed?

Don't sign anti-gay marriage petitions while you're a diversity officer. You damaged your own reputation.