RE: Employment question

Subject: RE: Employment question
From: "Lauren" <lt34 -at- csus -dot- edu>
To: "'TECHWR-L Administrator'" <admin -at- techwr-l -dot- com>, <techwr-l -at- lists -dot- techwr-l -dot- com>
Date: Tue, 26 Jun 2007 13:35:39 -0700

> The question is, would it be ethical to deny employment to a person
> (otherwise eminently qualified) based on his/her political
> views, though
> the real reason is never mentioned? On the other hand, is a
> new person
> (however well qualified) worth the possible disruption (97%
> possibility)
> to the sense of good will in the team?

This sounds like an interesting problem that can fall under discrimination
laws. Companies do not need to hire people that they do not like, so it is
not discrimination to not hire somebody that is not liked. But, be careful
about what you describe as "political." Political views that are based in
religion, race, or gender can bring the decision to not hire under the
discrimination laws. You would really need to talk to a lawyer to determine
if this is the case.

I can think of "political" views that can be religious that may be
discriminatory if a person was denied employment for holding those views.
For example, if the group supports the political view that abortion should
remain legal and the candidate holds an opposing view. That opposing view
could be based in a religious belief that is protected by discrimination
laws.

Is the fact that the candidate holds certain political views so disruptive
to the rest of the group that the candidate cannot be considered for
employment? Is the disruption really 97%? If a good candidate holds a
different view from the group, why is the view so bad that the good
candidate will be passed over because of the view?

When views are against protected classes, then there is a risk of bringing
in a legal liability if the person is hired, like if the candidate says that
there are too many concessions for disabled people. In this case, there is
probably a legal reason to not hire because the candidate could be
discriminatory and may contribute to a hostile work environment.

If the candidate holds a political view on one side of something, like
illegal immigrant rights, then the view may be annoying, but not necessarily
disruptive, unless the candidate is very outspoken about the view to the
extent that the candidate is imposing that view upon other people. In this
case, the candidate should not be said to be denied employment for holding
the view, but denied employment for imposing the view upon other people.
That is a behavior issue that can create a risk of contributing to a hostile
work environment for people who feel imposed upon. The employer could be
held liable for the actions of the candidate when the candidate seems
threatening for co-workers. But talk to a lawyer about that.

Lauren

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