Pyrian said:
TallanKhan said:
Pyrian said:
Signa said:
I have a HUGE problem with making anti-dick legislation like this, because someone will find a way to exploit it for something that it wasn't intended for.
Interestingly, I find it to be a net good, even outside the obvious ramifications. Large businesses are very careful to document why they fire people just to shield themselves from such claims. And that's a good thing.
Organisations that are scared they are vulnerable to claims of discrimination will more often establish an unpleasant default position for all staff, such as "At Will" clauses in employment contracts, so as to insulate themselves against claims.
"At will" normally refers to employment laws, not contracts. Contract law does not override discrimination protections. At best they can use it to confuse the issue, but this, too, has costs.
"At will" is in the majority of US states the default presumption unless otherwise stated. However, to avoid confusion and undermine claims of implied terms many companies will still state outright in the contract that employment can be terminated on this basis. Now there are good arguments in favour of extending protections over and above the legal minimum to employees, particularly for recruitment and retention with job security climbing ever higher on people's wish lists. To put it simply, if you are worried your reasons for dismissing someone will not hold up to scrutiny, you will put the bare minimum requirements in place around the dismissal process, that way there is less to be pawed over. While you are correct that this does not permit for individuals to be discriminated against, it makes it exceptionally difficult to prove someone has been.
Pyrian said:
TallanKhan said:
Furthermore the burden this places on employers is huge - and very often underestimated...
Nonsense. This sort of documentation is what they SHOULD be doing anyway, with considerable overall HR benefits (in terms of being able to figure out what's going on with your people in your company) easily outweighing the (frankly minimal) costs. It doesn't take long to write people up and make them sign that they've seen the writeup, and it's incredibly wasteful to all parties to lack that information when you need it. And yes, I've been right there with the sausage being made - and seen the other side when the sausage that should've been made wasn't.
Absolute Rubbish. I wasn't just talking about the time cost of paperwork but as you have chosen to ignore the rest, let me respond just on that point. There are of course instances where paperwork is a necessary evil but this should be reserved for serious incidents, to do otherwise over formalises the process of basic performance management and is not conducive to finding a meaningful resolution. The aim of good performance management is to ensure the individual is invested in improving their own performance and that they are enabled to do so. People get defensive (and understandably so to a point) if you sit them down to discuss a problem with them, if they know it will be written up for their p-file, they therefore find it more difficult to accept fault or criticism which hinders the building of any improvement plan. In addition, if you are going to have a formal record of such conversations, it is best practice to bring a note taker or observer to the meeting in case of any dispute regarding what was said, adding additional formality and wasting another person's time.
These processes are hugely time consuming and I think you substantially underestimate the cost and time drain they represent, especially to large firms.
As far as the sausage thing goes, I would respond but I don't have a clue as to what you were driving at.
Pyrian said:
TallanKhan said:
And the truth of the matter is, if someone is inclined to discriminate against someone else, they will find a way of doing it.
Ah, the classic "People still manage to rob banks sometimes so let's make it legal" argument. No, the fact that a very careful and determined person can get around the law does not in any way dissuade me from wanting to prevent less determined individuals from accomplishing the same thing and effectively outright normalizing the behavior to the point where it was, at one point, nearly universal.
Well we don't make robbing banks illegal. We make armed robbery illegal, we make theft illegal, crimes that have application far beyond just bank robbery. However, if laws on theft didn't prevent people from stealing anything then yes, they should be scrapped or changed. I can't support any legislation that at it's core doesn't work. I am fully in favour of repealing laws against marijuana, not because I have any strong feels about whether people should or shouldn't smoke it, but because they don't work.
While I understand your feelings about wanting to prevent behaviour, a prejudiced person will behave in a prejudiced way, sometimes aggressively, sometimes passively, but it will happen. You can't legislate to stop someone being prejudiced, but you can educate them. It isn't laws that have helped reduce and de-normalise discrimination, it's people, particularly children, being better educated.
Pyrian said:
TallanKhan said:
Now do not misunderstand me. I am not advocating discrimination...
And so we conclude the bucket of clichés with "I'm not racist, but..."
No, no we don't. That was a transparent attempt at mud slinging, and a shameful one at that. The cliche you reference is one where a person says they cannot be identified as having a particular prejudice or as promoting something, and then makes a statement that contradicts that. My statement that current legislation is ineffective at combating the issue, does not contradict my initial statement that I am not advocating discrimination. From the rest of your post I cant believe your mind to be so lacking as as to genuinely have misunderstood that. If you can't keep the gloves up, you might want to consider whether you want to climb into the ring.