Poll: Are you entitled to money for being called a racial slur?
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Are you entitled to money for being called a racial slur?
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21-06-2012, 06:43 AM
RE: Are you entitled to money for being called a racial slur?
I am an attorney, and I represent both employers and employees in corporate and employment-related matters. While I, just like anyone else, may be wrong, I can say that my views are not based on mere conjecture, but on experience resulting from the accumulation of empirical, objective evidence. While I have my personal views, some of which do not agree with the knowledge I have accumulated (including some of the things appearing below), I do realize they represent how I feel, and are not necessarily justified or justifiable. I joined just to respond to this thread, because some of the statements are completely unfounded and are contrary to the vast majority of reasoned thought.
As far as being entitled to compensation simply because someone uses a racial slur directed towards you, the law says "no." That does not mean that there do not exist situations in which words can give rise to damages, but in general, the answer is "no."

With respect to being able to exclude anyone from any business for any reason, I am disappointed with some of the comments here on what is supposed to be The THINKING Atheist. Rather than argue the history, effects, and philosophy behind Title VII and other discrimination laws, let's look at it from a different perspective. If private businesses are allowed to discriminate, that would allow a telephone company to deny service to a class of people. That may sound fine, but what if an individual lives in a rural area and there are no other choices available? Taking it to the next level, Sprint (and Verizon and AT&T) would be able to deny service to anyone they believed was South Asian (or of Latin descent, etc.). Given that they are such a small portion of the population, those companies will not go out of business. Also, there are businesses that have a monopoly in an area. They may be as small and insignificant as the town's only restaurant, but can also be the only gas station, electric company, grocery store, or propane provider. As a result, we could have people, especially in rural areas, who simply do not have access to certain things we deem necessary. Sure, it would affect their bottom line, but it should be obvious that a racist would understand it would hurt his or her bottom line and will be willing to make the sacrifice. In the past, there were 'black sections' and 'white sections' of many towns.

While people may argue that others segregate themselves anyway, the problem is that in the America of open discrimination, such segregation will be involuntary. There are countless treatises, manuscripts, studies, and other resources that conclude and even state for a fact that imposed segregation of the races does a very good job of promoting racism. If one agrees with the majority of political and social scholars that racism is borne mainly out of ignorance, then it does not require a leap of logic to see why segregation promotes racism.

Aside from racial segregation, this would allow an employer to deny your mother or sister a job because they do not want women working there. While this may spark a "so what" from some of you, what if your mother or sister was a doctor, lawyer, engineer, architect or some other learned professional, and was denied a job, not based on ability but gender?

Here in Raleigh, NC where I live, a black guy was denied access to a local sports bar. This place is actually known for discriminating, and it is still open. If you jump to the conclusion there must have been more to the story, spend 5 minutes on Google (feel free to start here - http://now.msn.com/now/0619-racist-bar-protest.aspx), and you will find this fellow's credentials far outstrip the vast majority of Americans. He is not the first person to complain about this place, and he likely will not be the last.

I am not decrying the fact that others may have opinions that differ. However, I do find it troubling that allegedly thinking people can draw conclusions that are based on the same arguments used by those who were openly racist (such as Sen Jesse Helms and any number of Southern democrats, for starters) and contend that those arguments are valid now because we have grown as a nation.

Of course, one can go on and on about how rural and urban areas are different, and how the free market sorts everything out, but if one studies not just American history, but any history, they will soon see that people act in certain ways if given the chance.
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21-06-2012, 06:43 AM
RE: Are you entitled to money for being called a racial slur?
(15-02-2012 04:56 PM)kingschosen Wrote:  Story here.

Now, the settlement is undisclosed, but I have to ask... is a restaurant actually liable to pay a person money if one of its employees calls them a racial slur? Sure, the employees should definitely be fired, but is the victim actually entitled to monetary gains from verbal or textual bigotry? What exactly did that racial slur cost the victim in terms of monetary gains?
Nope.
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21-06-2012, 09:55 AM
RE: Are you entitled to money for being called a racial slur?
Yes.

The patron had a right to expect that while a patron in the restaurant, the restaurant and it's extensions, (employess), would treat him with a minimun of civility.

If we don't have the right to expect civility, there is no civil society.

The only question remaining, is : what crosses the line of civility ?

The courts have defined a class of behaviors knows as "hate speech".

The restaurant has been granted the privelege of corporate "personhood", (and it's attendant benefits). It therefore has the attendant responsibilities.

Insufferable know-it-all.Einstein Certified Ancient Astronaut Theorist
The noblest of the dogs is the hot dog. It feeds the hand that bites it.
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