I feel like there needs to be a law that anyone fired for having premarital sex gets to rampage through their former workplace with a baseball bat.
I feel like there needs to be a law that anyone fired for having premarital sex gets to rampage through their former workplace with a baseball bat.
I'm not a system player. I am a system.
cincinnati chili (04-19-2021)
Co-workers would be more motivated to help cover up each others’ premarital sex, if there was a chance they’d get walloped by a baseball bat for neglecting to wing man.
M2 (03-31-2021)
This information had to be explained to any new employee.
And if I was told that premarital sex was grounds for dismissal, I wouldn’t be able to stop laughing as I strolled out of that job.
Hoping to change my username to 75769023
Todd Gack (04-01-2021)
M2 (04-05-2021)
Chip R (04-21-2021)
anyway- this is actually discriminatory, id argue, because the only way they know who had premarital sex is when women who are unwed get pregnant.
A good attorney could pick that apart and sue for lots of money, which would be awesome to see a pr*** like Dave Ramsey lose.
There are two ways I can think of that the employer can lose this case. One is that they can lose it as a matter of law. Assume for the sake of argument that the employer created this policy in good faith: they weren't trying to discriminate against any protected class of individuals. They weren't trying to be anti-female, anti-non-Christian, anti-disability, etc. The employer just preferred to have an office full of a bunch of prudes. If the court determines that the no-premarital-sex rule has a disparate impact on a protected class, it's unlawful. I was surprised that religious discrimination wasn't mentioned in the article. It seems to me that this policy would have a disparate impact on non-fundamentalists. Sure enough, when I pulled the complaint, there is a claim for religious discrimination thrown in at the end. Fun bedtime reading:
https://www.pacermonitor.com/view/A6...28__0001.0.pdf
The second way the employer can lose is if the jury believes that the proffered reason for the policy is a pretext for something else. Theoretically, in an at-will jurisdiction, you can fire someone for the craziest of reasons: you can fire someone for wearing a purple shirt, or fire someone for insisting that a burrito is a sandwich, and you can fire someone for shtoinking before they get married. But if plaintiff's explanation for why he/she was fired (because the plaintiff is an atheist; because the plaintiff's pregnancy was going to cost the company money) is more plausible than the defendant's explanation, then the jury won't think twice about finding for the plaintiff. Occam's Razor applies here. When the simplest and most plausible explanation is that the the employer is discriminating against one or more protected classes, then the jury will lean plaintiff. The more crackers the employer seems, the more likely the jury will be to find it in its heart to lean plaintiff.
Some states which are technically "at will" have statutes that protect you from cooky employer policies such as this one. In Colorado, we have a law that prohibits employers from firing you for most types of lawful off-duty conduct:
https://law.justia.com/codes/colorad...on-24-34-402.5
So, for example, if you're a smoker, I can't fire you just because you smoke cigarettes in your home.
I'm guessing Tennessee doesn't have anything like that, or we would have seen it in the complaint.
Stick to your guns.
Dom Heffner (04-20-2021)
Reading this thread makes me think that if they want to prevent their employees from having sex, they'd only hire married employees.
Bob Sheed (04-19-2021),Chip R (04-21-2021),Dom Heffner (04-20-2021),RedTeamGo! (04-20-2021),Roy Tucker (04-21-2021)
Chip R (04-21-2021)
Why wouldn't it be legal? It's a private company and it's not discriminatory.
Dom Heffner (04-20-2021)
RedTeamGo! (04-20-2021)
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