A simple one " It is no a case where specific requirements were made clear or implied by the nature of said profession or required training to do it." So for example not being able to launch a humans rights case against a gynaecologist for not doing an examination on a cock and balls when that's not what they're specially trained forNever once claimed Yaniv is a good person, was actually treated unfairly nor that she was using the law properly. Not disagreeing with anything you've said on that account. The issue is was it the law or the person at fault here. We could argue the issue lies with the judicial system that enforces the law, but to fault the law is to blame the bullet and not the guy who fired the gun.
My question is: what language (generically, not asking that you type out pages and pages of legalese) would you like to see that would "fix" the law for you? Again, human rights laws are not the only ones abused by overly litigious assholes seeking a payday, and in this case, the law got it right; Yaniv did NOT win her suits and, in fact, was ordered to pay something back.
In the case of Yaniv it was 1 person solo businesses not really ones who are paying for janitorial staff so there's a bit of a difference there.Will you concede that there are similar problems with laws that award people for damages from, say, a small business? Perhaps the janitor neglected to put down a "Wet Floor" sign whilst mopping, and my elderly granny slips and breaks her hip? Is it not also feasible that I, an able-bodied young(ish) man might see that same wet floor with no sign, pretend to fall, suffer a minor bruise or contusion, then sue said small business? If they're tired up with me in courts for months or years and suffer losses, by your standard, doesn't that mean the law is improperly written? Point being, to say these newer, more inclusive human rights laws have language that's dramatically different from older, established ones is selective-sighted.
Also while that happens there was still some fault by not putting up the sign. If they'd put up the sign and you slipped and kicked it away and claimed it was never up then that would be a better analogy.
The issue is the laws are easy to see to be open to abuse far more and have far less safety measures. With your example there would have to be doctors evidence of harm as such to get much from a company other than a complimentary settlement.
No law is perfect but still no reason to push out ones without trying to close some of the more obvious loopholes just because it feels good to push it out fast.Two objective facts: no law is perfect and some people will be assholes; lumping the onus of responsibility on a group of people for the innate flaws of the rule of law is exclusionary, and in a time when people are discriminated against, from passive-aggressive denials of service to outright hate speech and violence, I, for one, am glad the imperfect law is there so when someone breaks it, they can be held accountable.
To pull my "Card" as such is it discrimination I can't eat in ~80% of places that sell food in my local town because their food will literally make me physically ill. Is that denying me access to the services? Or is it actually a practical reason?