Political Forums  

Go Back   Defending The Truth Political Forum > Political Issues > Civil Rights

Civil Rights Civil and Political Rights Forum - Civil rights and liberties


Reply
 
LinkBack Thread Tools Display Modes
Old February 27th, 2014, 09:31 AM   #1
RNG
Senior Member
 
RNG's Avatar
 
Join Date: Apr 2013
Location: Between everywhere
Posts: 30,338
Protected Classes

I often hear the argument, when gay rights are being discussed that gays are not a protected class. Gays, as a group are not identified in any of the civil rights legislation. And some use that as an argument against what I will loosely label gay rights movements and legislation. Of course, the matter of religious freedom muddies these particular waters also.

But my question is described by this hypothetical. Joe owns a hardware store. Fred, who has lost an arm comes in to buy a wrench. Joe has a phobia about amputees and refuses to sell him a wrench.

Has a crime been committed?

Or more generally are only protected classes protected from discrimination?
RNG is offline  
Old February 27th, 2014, 09:49 AM   #2
Senior Member
 
Jimmyb's Avatar
 
Join Date: Jun 2012
Location: Earth
Posts: 38,895
You pose an interesting situation. On one hand, you have a wrench buying individual who would be classified as being in a protected class for being disabled. But on the other hand, if Joe has a diagnosed mental disability of a phobia of one-armed wrench buyers, he is in a protected class as well. So it is a standoff.

The problem is within a year or so, everything will be a protected class, probably even goats and geckos at the rate groups are being added.
Jimmyb is offline  
Old February 27th, 2014, 10:07 AM   #3
RNG
Senior Member
 
RNG's Avatar
 
Join Date: Apr 2013
Location: Between everywhere
Posts: 30,338
Quote:
Originally Posted by Jimmyb View Post
You pose an interesting situation. On one hand, you have a wrench buying individual who would be classified as being in a protected class for being disabled. But on the other hand, if Joe has a diagnosed mental disability of a phobia of one-armed wrench buyers, he is in a protected class as well. So it is a standoff.

The problem is within a year or so, everything will be a protected class, probably even goats and geckos at the rate groups are being added.
I didn't know that being one armed would make you a protected class. Let's change my hypothetical to the prospective purchaser having a moustache and the store owner just being miserable and hating moustaches, not to the level of a phobia but just to the level of being a bastard. Can you discriminate against someone who is not a protected class?
RNG is offline  
Old February 27th, 2014, 10:22 AM   #4
Senior Member
 
Jimmyb's Avatar
 
Join Date: Jun 2012
Location: Earth
Posts: 38,895
Quote:
Originally Posted by RNG View Post
I didn't know that being one armed would make you a protected class. Let's change my hypothetical to the prospective purchaser having a moustache and the store owner just being miserable and hating moustaches, not to the level of a phobia but just to the level of being a bastard. Can you discriminate against someone who is not a protected class?
As defined by the government regarding the one-armed wrench buyer:

Physical or Mental Impairment
A physical impairment is defined by the ADA to include: "[a]ny physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito urinary, hemic and lymphatic, skin, and endocrine
And Joe:
A mental impairment is defined by the ADA to include: "[a]ny mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
Just an example: if a government agency, such as a school, fires someone for a questionable reason, the only recourse in a federal court and I am pretty sure most state courts, would require a protected class under Title VII.

The simple answer is yes.
Jimmyb is offline  
Reply

  Defending The Truth Political Forum > Political Issues > Civil Rights

Tags
classes, protected



Thread Tools
Display Modes


Similar Threads
Thread Thread Starter Forum Replies Last Post
2013: Illinois lawmakers pass law eviscerating constitutionally protected pensions fo guy39 Current Events 0 February 1st, 2014 10:06 AM
Protected From Criticism and Censure Because of His Race! Uncle Han Current Events 156 October 22nd, 2013 08:07 AM
Judge: stripping for TSA is protected speech skrekk Freedom of Speech 15 August 10th, 2012 10:12 AM
The Real Social Classes of the World pensacola_niceman Philosophy 3 July 5th, 2009 03:09 PM
Why our privacy needs to be protected... hevusa Warfare 14 July 25th, 2005 05:52 PM


Facebook Twitter RSS Feed



Copyright © 2005-2013 Defending The Truth. All rights reserved.