thomascwaters.com

A few days ago I began to gather together content about PA HB 300, especially the myths and exagerated stuff being published by opponents. Today’s addition is neither a myth nor an evocative misrepresentation. Nope. This is just downright stupidity.

PA HB 300 adds language to the state’s existing anti-discrimination law to provide protection in employment, housing, and public accommodations. It adds the terms, “Sexual Orientation” and “Gender Expression.”

Stupid (his or her name is not listed) writes:

If a gay manager fires a transgender employee or if a lesbian manager fires a heterosexual employee, would these firings be considered discriminatory? Maybe yes, maybe no. The language in HB 300 assumes that since gays, lesbians, bisexuals and transgenders are within the same identity group (sexual preference or expression), then it couldn’t be discrimination.

I hope intelligence is not merely biological, because I feel sorry for Stupid’s kids!

This legislation provides protection based on sexual orientation. so a person (Gay, Bisexual, Lesbian, Heterosexual) can not be fired based solely on their sexual orientation. If I was Stupid’s boss, I would sure want to fire him/her, but if I did it because s/he was straight, I couldn’t. If I fired the person for not doing their job, that is fully within my rights as a manager. All businesses have a right to expect their employees to meet a level of work performance. But they do not have the right to hire or fire baed on a number of factors already in law within the state, and when PA HB 300 passes, based on sexual orientation and gender expression.

Stupid continues:

However, in the second example, the heterosexual being fired by the lesbian manager would not protect the heterosexual on an equal basis because they are outside each other’s group definition.

Here is where I think so often conservatives and those who oppose equal rights get it wrong. They are so obsessed with how people are different, ad try to place people into groups and determine who is inside and outside, that they miss the truth, and how we are all alike and how we deserve the same thing. They often operate from the perspective that we want special rights (which we do not) and so from this vantage point of “difference,” the miss the reality of what this legislation and the whole equal rights movement is about.

In both of Stupid’s examples- the sexual orientation of the manager is irrelevant. The employee is protected against being fired based solely on their sexual orientation. This includes heterosexuals as well as gays, lesbians, and bisexuals.

Stupid concludes:

A law that does not apply to all people equally is unfair and unconstitutional.

Actually, this is the smartest thing Stupid has said so far! Got that right- a law that does not apply to all people equally is unfair. PA HB 300, by adding sexual orientation and gender expression allows PA’s existing anti-discrimination legislation to apply to all people bringing a greater level of fairness to employment, housing, and public accommodations.

The last thing I want to say is that this legislation doesn’t provide protection from being fired. A person can be fired, and can claim discrimination. But the employer would have to demonstrate the reasons behind the firing, and that reason could not be because of the sexual orientation. The State’s Human Relations Commission is there to assist anyone who feels they have been wrongfully treated.

http://pittsburghblogazette.blogharbor.com/blog/_archives/2009/3/23/4130963.html