10 Comments
User's avatar
Rooster's avatar

Wow, not University of Michigan? That’s kinda surprising. I just can’t believe this is where we’re at.

Expand full comment
Rooster's avatar

😁

Also, odd tie-in: I kinda rabbit-holed into McCarthyism a couple years ago, and learned that despite never having attended law school, McCarthy was elected as a circuit court judge in Wisconsin and used that as a springboard into the U.S. Senate. And George Wallace actually passed the state bar in Alabama despite never having attended law school because it wasn’t a requirement (speaking of Dixon v. Alabama). So maybe the connecting thread is that some of the people who are the most adamant about trampling the Constitution somehow find themselves in a position of power where they operate with ignorance.

Expand full comment
Rooster's avatar

I have a question: you wrote “…or when workers are subject to an adverse employment action (not hired or fired) because of their membership in a protected group.” Does that mean that if employer fires someone *because* they’re a member of a federally protected class it’s not considered discrimination?

Expand full comment
Patricia G. Barnes, J.D.'s avatar

No, that is potentially discriminatory.

Expand full comment
Patricia G. Barnes, J.D.'s avatar

For example, a Jewish person asks for Saturdays off or a Christian asks for Sunday off to observe their faith, and the employer fires him. That is potentially discrimination. It is always an uphill battle of course.

Expand full comment
Rooster's avatar

Did you see that UMich suspended a pro-Palestinian student organization for two years?

Expand full comment
Patricia G. Barnes, J.D.'s avatar

Surprised its UMich, given the demographics in MIchigan.

Expand full comment
Rooster's avatar

So is one reason why employers like to fire en masse so they can get away with firing people because of age, disability, etc.? (Also, I’m not entirely sure if “en masse” is a thing. So… 😅)

Expand full comment
Patricia G. Barnes, J.D.'s avatar

It happens. And en masse is a thing!

Expand full comment
Rooster's avatar

Ah, okay - Thank You!☺️

Expand full comment