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David Sirota

David Sirota

Posted: May 20, 2010 03:28 PM

What Dems Don't Want Mentioned in the Rand Paul/Civil Rights Debate

What's Your Reaction:

Obviously, I agree with all of today's criticism of Rand Paul about his extremist position on the Civil Rights Act. However, let's be very clear here: Many Democrats (and, of course, most Republicans) support our system of laws that lets employers and private businesses discriminate against employees and customers for all sorts of other, non-racial reasons.

Let's stick for a moment to employment, as just the best example. Today, there is only one state in the nation that is not technically an "at-will employment" state (Montana). But everywhere else, unless you have a private party or union contract that says otherwise, you are an "at-will" employee, which means that your employer can fire you at will for any reason not explicitly protected under state law or in the Civil Rights Act (the federal protected classes are listed here).

So yes, as outrageous as it sounds, it's true: right now, many if not most Americans can be fired if their employer doesn't like the sports team they root for. Or if their boss doesn't like their choice of tie on a given day. Or if their boss hates their new glasses. Or, in many states without non-discrimination statutes, if their boss doesn't like their sexual orientation. You get the point.

Obviously, I don't think this reality is a good thing at all -- but I am saying that Paul's position*, while offensive and extreme, is merely an extrapolated position of many "mainstream" so-called "pro-business" Democrats and Republicans in Congress who would call "just cause" legislation (ie. mandating that an employer have a "just cause" for firing you) "radical." As just one example, here in Colorado, leading Democrats in 2008 lined up to oppose a "just cause" ballot initiative.

Considering they haven't used their congressional majorities to expand the Civil Rights Act, Democrats have basically decided to draw the line in the sand on protected classes at the status quo (race, gender, age and religion -- all of which, let me reiterate, should and must remain protected classes). And that's certainly more than you can say for Rand Paul and the libertarian movement he represents. But when you start really looking at employment/discrimination law, you find that by omission, those same Democrats expressing outrage at Paul's position are perfectly fine with a largely deregulated labor market that lets employers fire and discriminate against you for all sorts of preposterous reasons.

This is the unspeakable taboo in the whole discussion about Rand Paul in the Democratic-aligned "progressive" media -- taboo because to acknowledge it is to admit just how owned by corporate interests "mainstream" Democrats and Republicans really are. Again, Paul is extreme and offensive in his extremism, but he's just degrees more extreme than so many "centrist"/"pro-business" lawmakers of both parties.


* Oddly enough, while Paul's libertarianism led him to such extreme criticism of the Civil Rights Act, he also said "we did some very important things in the '60s that I'm all in favor of and that was desegregating the schools." This could be construed to be an interventionist position that some Democrats still don't fully embrace, because when they hear language like that, many of them hear "busing." Now, it's true: we can't know whether Paul's reference to "desegregating schools" meant specifically cross-geographical busing. But it is weird to hear him take such an extreme position on the Civil Rights Act, but also using language that raises the prospect of busing.

 
 
 

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HUFFPOST SUPER USER
GrumpyGrandpa
A '60's liberal who didn't sell out
03:30 PM on 05/23/2010
David is exactly correct in his analysis that Democrats continue to dodge this issue that is a bread-and-butter issue for the working class. It illustrates how far the Democratic Party has moved away from being the friend of the working man to giving lip service to that idea but not actually doing anything about it.
I disagree with David in that as I read his article, he is saying that the Civil Rights Act would have to be amended to achieve a universal 'for cause' work rule. Under the same Constitutional clause that gave Congress the right to desegregate restaurants and motels, the Commerce Clause, Congress could, if it really wanted to, could pass a totally constitutional 'for cause' law. It could create within it a protected class just as strong as the Civil Rights Act has. It just takes the will to buck the corporations and their campaign contributions. I'm not sure Congress or the President have the backbone for that.
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HUFFPOST SUPER USER
racetoinfinity
racetoeternity
10:47 PM on 05/21/2010
Excellent point, David!
09:26 PM on 05/21/2010
I do not think Rand Paul is that offensive. His absolutest values may prove impractical in the real world. However, like most Libertarians, he separates himself from hypocritical Republicans as he supports decreasing government size and spending on all fronts, especially "defense" and the sustainment of the worldwide American empire.

I do find his association with the Tea Party to be troublesome, however he does not seem to espouse the hate and bigotry that seems to be common among them. Hopefully he is just using this label to bolster his votes locally.
07:17 PM on 05/21/2010
"Many Democrats (and, of course, most Republicans) support our system of laws that lets employers and private businesses discriminate against employees and customers for all sorts of other, non-racial reasons."

No. No we don't! At least no Democrats I've ever met!
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HUFFPOST SUPER USER
Republicrat1776
Conservative liberal, not a liberal conservative
05:36 PM on 05/21/2010
I don't think this is a fair comparison. There may be some Democrats with that position, but it's not party plank like it is for the 'baggers....not to mention that getting fired for "wearing the wrong" tie doesn't harm an entire class of people.
02:27 PM on 05/21/2010
The alternative to at will employment is something closer to unionized employment where workers have to be retained even if their jobs are no longer needed.

Those rules contributed to the downfall of the steel industry, the auto industry, and the rail industry.

Rules that prevent companies from reorganizing workers ultimately make companies less efficient and can drive the out of business. That hurts all their workers.
ThinkCreeps
Seriously, it's time.
01:42 PM on 05/21/2010
Better to vote for the half-wrong side than the all-wrong side?
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HUFFPOST SUPER USER
jcaunter
Profile: schizoid, INTJ, IQ145
01:30 PM on 05/21/2010
Democrats hate workers just as much as Republicans do. They are just two faced about it. The fact that Democrats still have a base just proves how many dumb people there are in this world.
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HUFFPOST PUNDIT
jamaicalover
Team Obama
02:02 PM on 05/21/2010
Okay...how does your comment help anyone?
This user has chosen to opt out of the Badges program
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02:29 PM on 05/21/2010
Okay, so then you admit that Republicans hate workers, aka/ the middle class.
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FirstGame72
The Sleep of Reason Produces Monsters
01:06 PM on 05/21/2010
Why is it always Democrats and Republicans with you David?
How's about: Many PEOPLE " ... support our system that lets employers and private businesses discriminate against emplyees ..."
How do you suppose the Dems and Repubs in congress got to Washington (or their state capitals), military junta? They were all voted in by people who apparently absolutely accept the idea of the "boss" or owner of a business as "god."
How do I state that with such confidence? If it weren't true, the system where employees serve at the whims of their "masters" would have been changed a long time ago.
Changed how? At the voting booth of course.
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HUFFPOST PUNDIT
desidid
12:08 PM on 05/21/2010
Excellent points and you can take it a step further with the argument progressives have long trumpeted along with conservatives with regards to illegal immigration.

•By its very nature, the much-ballyhooed ethnic economy is a racist structure whose hiring practices are in massive violation of Title VII of the 1964 Civil Rights Act. Ethnic nepotism and racial exclusion are two sides of the same coin.

•Network hiring is a device that employers use to prevent blacks from even getting their foot in the door. This is racism, plain and simple! It is a working-class variant of "the old-boy network" that affirmative action was designed to counteract. In other words, network hiring is a mechanism of discrimination, and indeed one that employers use precisely because it insulates them from allegations of racism since they are not directly implicated in the recruitment of workers.

Read the whole essay by Stephen Steinberg here: http://newpol.org/node/254
HUFFPOST SUPER USER
yougogirl1948
02:56 PM on 05/21/2010
@desidid:

Very interesting. Thank you for the link.
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HUFFPOST PUNDIT
desidid
03:19 PM on 05/21/2010
My pleasure I have been trying to get black people to see that we should not be marching for the rights of illegal immigrants it is against our self interest. But we continue to follow the leader latching onto arguments made by Dems and Progessives, who by and large are white with their own self interest.
HUFFPOST SUPER USER
Insanity rules
11:11 AM on 05/21/2010
Look at Spain if you want to see what you get when you force businesses to pay, pay, pay, for your employees and can't fire them without governmental approval process. Most people work on a contract basis for 6 months. Every 6 months you are either rehired for another 6 months or let go, no obligations. If the company would hire you "permanently" they are liable for providing them all sorts of services and money if you let them go. With 20% unemployment there are more than enough people who will work on contract.
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HUFFPOST SUPER USER
sabela
like animals better than people.
12:58 PM on 05/21/2010
How about if they just have to have a good reason. Poor job performance for example. Attendence problems as another. they should not have the right to fire someone who has been there longer than the supervisor just because the supervisor wants to hire someone from their church.
HUFFPOST SUPER USER
ramblin jack
01:28 PM on 05/21/2010
I have lived in a country where it was near impossible to fire someone so I understand how it can be a pain to employers but just cause is not a burden. Spain is not the USA so to just quote a general condition is not adding to the discussion too much.
10:38 AM on 05/21/2010
Well, it's really the lesser of two evils, isn't it?

Democrats are only marginally less dominated by the corporatist overlords than the Republicans, who as well all know, are completely owned.

The Democratic Party needs to continually be pushed in a more liberal/progressive direction, but no matter how weak they are on matters of importance to us, always remember that the alternative only allows the Republicans take over again, and that's an unacceptable proposition.
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HUFFPOST SUPER USER
jcaunter
Profile: schizoid, INTJ, IQ145
01:34 PM on 05/21/2010
In a short period of time the Democrats will be exactly as bad as the Republicans if we don't do something radical. Supporting a progressive third party candidate is the only solution.
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04:13 PM on 06/27/2010
EXACTLY! Thank you. :)

This is precisely why the latest jobs bill "failed".
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HUFFPOST SUPER USER
Cookie Monsta
Angry Young Men, ltd
10:32 AM on 05/21/2010
I have been and employer and an employee. I agree that at will employment gives the employer too much power to fire without reason. However, unemployment should be the recourse for those instances. I understand that hearings can favor the employer and that should not be. I think that better unemployment insurance and tougher rules on denying unemployment might be a better answer. It should not be that difficult to demonstrate that an employee is not working out and needs to be let go. If that's the case, keep it professional, make the cut and pay the unemployment.
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HUFFPOST SUPER USER
DevonTexas
Eternal Optimism
09:19 AM on 05/21/2010
good point!
At first I was taken aback by your headline. After reading what you said, I have to agree with you. The at-will crap is a foot in the door for the Corporations to exercise arbitrary discrimination that can only be fought one case at a time and most victims don't have the time and resources to do so. As an ADA protected person I have fought it and win. It was a long,gruelling process but victory takes away the sting.
09:50 AM on 05/21/2010
As an ADA protected person I have fought it and lost, because Republican judges only enforce those parts of the United States Code that they approve of personally. At will has always existed, and the upshot of removing it legislatively would be creating a de facto at will rule, wherein you are not hired as an employee, but an independent contractor. I just don't see this as a war that can be won at this time -- not when there are 15-20 million illegals flooding our borders and depressing our wage base.
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HUFFPOST SUPER USER
DevonTexas
Eternal Optimism
10:26 AM on 05/21/2010
You turned the ADA issue into bashing undocumented workers? Wow, Impressive.
I wonder how many of those undocumented workers have disabilities? How'd they get across the border in wheelchairs or with crutches and take those skilled worker positions from you?
08:47 AM on 05/21/2010
I'm not sure what the alternative is, David. An employment relationship should not be like a freakin' marriage, but if you want assurances, negotiate them!

But you say that you don't have any leverage? That illegal immigrants are competing for your job, and have decimated the wage base? Blame the radicals at HuffPost. Their views are at least as shocking and improvident as Rand Paul's.
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HUFFPOST SUPER USER
DevonTexas
Eternal Optimism
09:20 AM on 05/21/2010
heeheee you;re funny. If Huffpo readers were that powerful, at-will wouldn't even exist!
But thanks for the credit anyway.
09:47 AM on 05/21/2010
Fortunately, there is a discernible difference between HuffPo readers and the authors, as is evidenced by the reaction to the blandishments of the radical Reconquista crowd. For the most part, the leaders on both sides are more shrill than the people, who have a healthy measure of common sense.
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HUFFPOST SUPER USER
sabela
like animals better than people.
01:04 PM on 05/21/2010
Really? You think illegals are competing for his job? Most of them cannot even read and write in their own language and David has to worry they might get his job? An illegal didn't get my job, a mormon did.