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What is your view on anti-discrimation laws as they relate to employment?

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granny54 | Student, College Freshman | Valedictorian

Posted August 23, 2013 at 9:17 PM via web

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What is your view on anti-discrimation laws as they relate to employment?

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pohnpei397 | College Teacher | (Level 3) Distinguished Educator

Posted August 23, 2013 at 9:29 PM (Answer #1)

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My view on anti-discrimination laws in employment is that they were once necessary but that they are now useless.  This is not because I think that there is no longer racism or sexism or other sorts of illegal attitudes.  Instead, it is because I think that it is simple to discriminate against people of a given group without falling foul of the law.

At one time, it was definitely necessary to have anti-discrimination laws.  Firms would still overtly discriminate against certain types of people.  They did not try to disguise it and it was really an unjust situation.  But that sort of overt discrimination simply does not happen anymore. 

The problem with anti-discrimination laws as they are not enforced is that it is much too easy to get around them.  It is no longer sufficient to show that a company’s policies have had a disparate impact.  In other words, you cannot sue just because a company did not hire you and has no employees from your group.  Instead, you have to prove that the company discriminated in your case.  The problem is that it is very difficult to prove this.  Firms are much too savvy to put anything in writing saying that they are not hiring you because you are non-white or female, or whatever.  It is very easy to find ways to justify not hiring you.  All they have to say is that you did not do as well in your interview as someone else did and you can never prove that they are making excuses to cover up for illegal discrimination.

For these reasons, I think that anti-discrimination laws are no longer as useful as they once were.

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