Comment

Orrin Hatch: Drug Tests for the Unemployed

511
Nimed6/17/2010 5:31:23 pm PDT

re: #477 Dark_Falcon

Internet postings: Here I can explain my position in detail. A company has the right to decide what sort of person they wish to employ. If you post things where the public can them that show you making a lewd spectacle of yourself, your employer has the right to can you for it. They are not taking your right to free speech away by doing that. You don’t have the right to a job; free association also means the right of the employer to determine if they wish to continue to associate with you. The exception is for things like race and gender which are out of the employee’s control.

Mmmm. Suppose that, in a job interview for a doorman, an employer decides that the applicant should provide a detailed account of the occasion in which s/he lost his/her virginity, and how much the employer likes the story would be one of the hiring criteria. There is not religion, race, gender or sexual orientation based discrimination in this example. Does freedom of association mean that the employer has the right to discriminate in this case?