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	<title>Comments on: Jack Markell Posts Online Petition: Urges Passage of Senate Bill 141</title>
	<atom:link href="http://delawareliberal.wordpress.com/2007/06/15/jack-markell-posts-online-petition-urges-passage-of-senate-bill-141/feed/" rel="self" type="application/rss+xml" />
	<link>http://delawareliberal.wordpress.com/2007/06/15/jack-markell-posts-online-petition-urges-passage-of-senate-bill-141/</link>
	<description>America IS NUMBER ONE!!! (but not for the reasons wingnuts think it is)</description>
	<lastBuildDate>Mon, 17 Nov 2008 19:10:45 +0000</lastBuildDate>
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		<title>By: SB 141 &#171; Merit-Bound Alley</title>
		<link>http://delawareliberal.wordpress.com/2007/06/15/jack-markell-posts-online-petition-urges-passage-of-senate-bill-141/#comment-10603</link>
		<dc:creator>SB 141 &#171; Merit-Bound Alley</dc:creator>
		<pubDate>Tue, 19 Jun 2007 01:23:42 +0000</pubDate>
		<guid isPermaLink="false">http://delawareliberal.wordpress.com/2007/06/15/jack-markell-posts-online-petition-urges-passage-of-senate-bill-141/#comment-10603</guid>
		<description>[...] 2007   I&#8217;ve had a very stimulating discussion with Dave Burris over at DelawareLiberal on the necessity of this bill. I want to take a moment that I enjoy discussing our different viewpoints with Dave. He always [...]</description>
		<content:encoded><![CDATA[<p>[...] 2007   I&#8217;ve had a very stimulating discussion with Dave Burris over at DelawareLiberal on the necessity of this bill. I want to take a moment that I enjoy discussing our different viewpoints with Dave. He always [...]</p>
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		<title>By: Joe M</title>
		<link>http://delawareliberal.wordpress.com/2007/06/15/jack-markell-posts-online-petition-urges-passage-of-senate-bill-141/#comment-10506</link>
		<dc:creator>Joe M</dc:creator>
		<pubDate>Sun, 17 Jun 2007 20:17:25 +0000</pubDate>
		<guid isPermaLink="false">http://delawareliberal.wordpress.com/2007/06/15/jack-markell-posts-online-petition-urges-passage-of-senate-bill-141/#comment-10506</guid>
		<description>&quot;I’m still not convinced that the bill is necessary.

Maybe that’s a function of where I live and the fact that gays and lesbians are treated as equals here.

Gays and lesbians I know don’t feel like they need special laws to protect them. They feel like they do okay on their own, and they are much more interested in civil unions than in workplace protection bills.&quot;

I can see where you&#039;re coming from, but it would only take one instance of discrimination targeting one of your friends for that sense of security to come crumbling down.

As for that hate speech article, I have always had very conflicting thoughts and emotions about this subject, and that prevents me from thinking about it as rationally as I should. However, I will say that I&#039;m not sure laws guaranteeing protection from discrimination in the workplace are the cause of the example you linked, much less that example assumes a positive correlation in all states that enact such laws.</description>
		<content:encoded><![CDATA[<p>&#8220;I’m still not convinced that the bill is necessary.</p>
<p>Maybe that’s a function of where I live and the fact that gays and lesbians are treated as equals here.</p>
<p>Gays and lesbians I know don’t feel like they need special laws to protect them. They feel like they do okay on their own, and they are much more interested in civil unions than in workplace protection bills.&#8221;</p>
<p>I can see where you&#8217;re coming from, but it would only take one instance of discrimination targeting one of your friends for that sense of security to come crumbling down.</p>
<p>As for that hate speech article, I have always had very conflicting thoughts and emotions about this subject, and that prevents me from thinking about it as rationally as I should. However, I will say that I&#8217;m not sure laws guaranteeing protection from discrimination in the workplace are the cause of the example you linked, much less that example assumes a positive correlation in all states that enact such laws.</p>
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		<title>By: FSP</title>
		<link>http://delawareliberal.wordpress.com/2007/06/15/jack-markell-posts-online-petition-urges-passage-of-senate-bill-141/#comment-10502</link>
		<dc:creator>FSP</dc:creator>
		<pubDate>Sun, 17 Jun 2007 19:18:03 +0000</pubDate>
		<guid isPermaLink="false">http://delawareliberal.wordpress.com/2007/06/15/jack-markell-posts-online-petition-urges-passage-of-senate-bill-141/#comment-10502</guid>
		<description>And if it does become law, how long until we&#039;re &lt;a href=&quot;http://www.washingtontimes.com/national/20070610-111445-6957r.htm&quot; rel=&quot;nofollow&quot;&gt;to this point?&lt;a&gt;</description>
		<content:encoded><![CDATA[<p>And if it does become law, how long until we&#8217;re <a href="http://www.washingtontimes.com/national/20070610-111445-6957r.htm" rel="nofollow">to this point?</a><a></a></p>
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		<title>By: FSP</title>
		<link>http://delawareliberal.wordpress.com/2007/06/15/jack-markell-posts-online-petition-urges-passage-of-senate-bill-141/#comment-10501</link>
		<dc:creator>FSP</dc:creator>
		<pubDate>Sun, 17 Jun 2007 18:41:28 +0000</pubDate>
		<guid isPermaLink="false">http://delawareliberal.wordpress.com/2007/06/15/jack-markell-posts-online-petition-urges-passage-of-senate-bill-141/#comment-10501</guid>
		<description>I&#039;m still not convinced that the bill is necessary. 

Maybe that&#039;s a function of where I live and the fact that gays and lesbians are treated as equals here. 

Gays and lesbians I know don&#039;t feel like they need special laws to protect them. They feel like they do okay on their own, and they are much more interested in civil unions than in workplace protection bills.</description>
		<content:encoded><![CDATA[<p>I&#8217;m still not convinced that the bill is necessary. </p>
<p>Maybe that&#8217;s a function of where I live and the fact that gays and lesbians are treated as equals here. </p>
<p>Gays and lesbians I know don&#8217;t feel like they need special laws to protect them. They feel like they do okay on their own, and they are much more interested in civil unions than in workplace protection bills.</p>
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		<title>By: Nancy Willing</title>
		<link>http://delawareliberal.wordpress.com/2007/06/15/jack-markell-posts-online-petition-urges-passage-of-senate-bill-141/#comment-10479</link>
		<dc:creator>Nancy Willing</dc:creator>
		<pubDate>Sun, 17 Jun 2007 13:56:19 +0000</pubDate>
		<guid isPermaLink="false">http://delawareliberal.wordpress.com/2007/06/15/jack-markell-posts-online-petition-urges-passage-of-senate-bill-141/#comment-10479</guid>
		<description>So refreshing to have a forum site where robust discussion is welcomed.</description>
		<content:encoded><![CDATA[<p>So refreshing to have a forum site where robust discussion is welcomed.</p>
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		<title>By: Joe M</title>
		<link>http://delawareliberal.wordpress.com/2007/06/15/jack-markell-posts-online-petition-urges-passage-of-senate-bill-141/#comment-10472</link>
		<dc:creator>Joe M</dc:creator>
		<pubDate>Sun, 17 Jun 2007 11:26:05 +0000</pubDate>
		<guid isPermaLink="false">http://delawareliberal.wordpress.com/2007/06/15/jack-markell-posts-online-petition-urges-passage-of-senate-bill-141/#comment-10472</guid>
		<description>&quot;What is speculative? That is what employers I know have paid for claims brought against them on the basis of current protected classes.&quot;

What was speculation was your statement that the &quot;overwhelming amount of complaints will be found to be without merit.&quot;

&quot;A friend of mine caught an employee stealing from him. He fired the employee. The employee went to the Human Relations Commission and filed a claim against my friend stating that she believed he fired her because she was black.

The complaint did not pass the muster of the HRC, but after the hearing, my friend was still out the $4,000 in costs and legal fees.&quot;

And I&#039;m sure this will happen again. However, you can&#039;t tell me that the protections for racial minorities do more bad than good because your one friend and some like him take a hit. 

&quot;Okay, then. Do you think the obese should be added to the protected class list? The short? Those are clearly groups of Americans beind treated differently than others, and Massachusetts is considering both right now.

What about it, Joe? Does your logic not apply to those groups?&quot;

Don&#039;t you think that if someone was fired based only on the fact that they were short or fat should also have some protection? Remember, we&#039;re not talking about the general populace treating a minority in a certain way, we&#039;re talking very specifically about the rights of minorities in the workplace. But, don&#039;t worry, I&#039;ll try to keep the conversation on track for you, Dave ;)</description>
		<content:encoded><![CDATA[<p>&#8220;What is speculative? That is what employers I know have paid for claims brought against them on the basis of current protected classes.&#8221;</p>
<p>What was speculation was your statement that the &#8220;overwhelming amount of complaints will be found to be without merit.&#8221;</p>
<p>&#8220;A friend of mine caught an employee stealing from him. He fired the employee. The employee went to the Human Relations Commission and filed a claim against my friend stating that she believed he fired her because she was black.</p>
<p>The complaint did not pass the muster of the HRC, but after the hearing, my friend was still out the $4,000 in costs and legal fees.&#8221;</p>
<p>And I&#8217;m sure this will happen again. However, you can&#8217;t tell me that the protections for racial minorities do more bad than good because your one friend and some like him take a hit. </p>
<p>&#8220;Okay, then. Do you think the obese should be added to the protected class list? The short? Those are clearly groups of Americans beind treated differently than others, and Massachusetts is considering both right now.</p>
<p>What about it, Joe? Does your logic not apply to those groups?&#8221;</p>
<p>Don&#8217;t you think that if someone was fired based only on the fact that they were short or fat should also have some protection? Remember, we&#8217;re not talking about the general populace treating a minority in a certain way, we&#8217;re talking very specifically about the rights of minorities in the workplace. But, don&#8217;t worry, I&#8217;ll try to keep the conversation on track for you, Dave <img src='http://s.wordpress.com/wp-includes/images/smilies/icon_wink.gif' alt=';)' class='wp-smiley' /> </p>
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		<title>By: anon</title>
		<link>http://delawareliberal.wordpress.com/2007/06/15/jack-markell-posts-online-petition-urges-passage-of-senate-bill-141/#comment-10458</link>
		<dc:creator>anon</dc:creator>
		<pubDate>Sun, 17 Jun 2007 02:53:36 +0000</pubDate>
		<guid isPermaLink="false">http://delawareliberal.wordpress.com/2007/06/15/jack-markell-posts-online-petition-urges-passage-of-senate-bill-141/#comment-10458</guid>
		<description>&lt;i&gt;The employee went to the Human Relations Commission and filed a claim against my friend stating that she believed he fired her because she was black.&lt;/i&gt;

Race discrimination claims are handled by DOL, not the Human Relations Commission: 

http://www.delawareworks.com/discrimination/employer.should.know.shtml

The DOL website appears to offer many ways for both parties to avoid litgation. The employee doesn&#039;t even have the right to sue until a DOL investigation is complete. Neither party is required to have an attorney, during the initial investigation.</description>
		<content:encoded><![CDATA[<p><i>The employee went to the Human Relations Commission and filed a claim against my friend stating that she believed he fired her because she was black.</i></p>
<p>Race discrimination claims are handled by DOL, not the Human Relations Commission: </p>
<p><a href="http://www.delawareworks.com/discrimination/employer.should.know.shtml" rel="nofollow">http://www.delawareworks.com/discrimination/employer.should.know.shtml</a></p>
<p>The DOL website appears to offer many ways for both parties to avoid litgation. The employee doesn&#8217;t even have the right to sue until a DOL investigation is complete. Neither party is required to have an attorney, during the initial investigation.</p>
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		<title>By: FSP</title>
		<link>http://delawareliberal.wordpress.com/2007/06/15/jack-markell-posts-online-petition-urges-passage-of-senate-bill-141/#comment-10456</link>
		<dc:creator>FSP</dc:creator>
		<pubDate>Sun, 17 Jun 2007 02:07:28 +0000</pubDate>
		<guid isPermaLink="false">http://delawareliberal.wordpress.com/2007/06/15/jack-markell-posts-online-petition-urges-passage-of-senate-bill-141/#comment-10456</guid>
		<description>Anon -- Attorneys in this case do not bring the claims. The affected party brings the claim on their own. 

LG -- &quot;How about we just add sexual orientation to the list of protected minorities?&quot;

That&#039;s what this bill does. The question is - is it necessary? I would hope that question gets asked of all legislation. 

&quot;Mere speculation, which wouldn’t be so bad if you had some other strong argument to back it up.&quot;

What is speculative? That is what employers I know have paid for claims brought against them on the basis of current protected classes. 

A friend of mine caught an employee stealing from him. He fired the employee. The employee went to the Human Relations Commission and filed a claim against my friend stating that she believed he fired her because she was black. 

The complaint did not pass the muster of the HRC, but after the hearing, my friend was still out the $4,000 in costs and legal fees. 

&quot;When you have one group of Americans being treated differently than another group, this is definitely under the realm of the law.&quot;

Okay, then. Do you think the obese should be added to the protected class list? The short? Those are clearly groups of Americans beind treated differently than others, and Massachusetts is considering both right now.

What about it, Joe? Does your logic not apply to those groups?</description>
		<content:encoded><![CDATA[<p>Anon &#8212; Attorneys in this case do not bring the claims. The affected party brings the claim on their own. </p>
<p>LG &#8212; &#8220;How about we just add sexual orientation to the list of protected minorities?&#8221;</p>
<p>That&#8217;s what this bill does. The question is &#8211; is it necessary? I would hope that question gets asked of all legislation. </p>
<p>&#8220;Mere speculation, which wouldn’t be so bad if you had some other strong argument to back it up.&#8221;</p>
<p>What is speculative? That is what employers I know have paid for claims brought against them on the basis of current protected classes. </p>
<p>A friend of mine caught an employee stealing from him. He fired the employee. The employee went to the Human Relations Commission and filed a claim against my friend stating that she believed he fired her because she was black. </p>
<p>The complaint did not pass the muster of the HRC, but after the hearing, my friend was still out the $4,000 in costs and legal fees. </p>
<p>&#8220;When you have one group of Americans being treated differently than another group, this is definitely under the realm of the law.&#8221;</p>
<p>Okay, then. Do you think the obese should be added to the protected class list? The short? Those are clearly groups of Americans beind treated differently than others, and Massachusetts is considering both right now.</p>
<p>What about it, Joe? Does your logic not apply to those groups?</p>
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		<title>By: Joe M</title>
		<link>http://delawareliberal.wordpress.com/2007/06/15/jack-markell-posts-online-petition-urges-passage-of-senate-bill-141/#comment-10455</link>
		<dc:creator>Joe M</dc:creator>
		<pubDate>Sun, 17 Jun 2007 01:50:00 +0000</pubDate>
		<guid isPermaLink="false">http://delawareliberal.wordpress.com/2007/06/15/jack-markell-posts-online-petition-urges-passage-of-senate-bill-141/#comment-10455</guid>
		<description>&quot;And therein lies the problem. Any person who gets fired who is also homosexual can claim their employer violated this law. They file a claim with the Delaware Human Rights Commission. Their employer hires an attorney and attends a hearing to determine whether or not the law was violated.&quot;

Fair enough, but isn&#039;t it more even for both the employer and the employee to have some way of battling an unfair work environment? As it is, the employee has no way to fight back, while the employer can fire at will.

&quot;When it’s determined that the law was not violated, the employer is still on the hook for the costs and legal fees, no matter how frivolous the claim.&quot;

On the other hand, if the law has been violated, then an employer that discriminates against another human being based on sexual preference gets their just dessert. 

&quot;Based on the experience of people I know in the business community, the tab is usually in the $4,000-$5,000 range.

That’s how it hurts businesses. And believe me, the overwhelming majority of the claims will be found to be without merit.&quot;

Mere speculation, which wouldn&#039;t be so bad if you had some other strong argument to back it up.

&quot;The main problem lies with the Human Relations Commission and the system for adjudicating discrimination claims.&quot;

I disagree. When you have one group of Americans being treated differently than another group, this is definitely under the realm of the law.</description>
		<content:encoded><![CDATA[<p>&#8220;And therein lies the problem. Any person who gets fired who is also homosexual can claim their employer violated this law. They file a claim with the Delaware Human Rights Commission. Their employer hires an attorney and attends a hearing to determine whether or not the law was violated.&#8221;</p>
<p>Fair enough, but isn&#8217;t it more even for both the employer and the employee to have some way of battling an unfair work environment? As it is, the employee has no way to fight back, while the employer can fire at will.</p>
<p>&#8220;When it’s determined that the law was not violated, the employer is still on the hook for the costs and legal fees, no matter how frivolous the claim.&#8221;</p>
<p>On the other hand, if the law has been violated, then an employer that discriminates against another human being based on sexual preference gets their just dessert. </p>
<p>&#8220;Based on the experience of people I know in the business community, the tab is usually in the $4,000-$5,000 range.</p>
<p>That’s how it hurts businesses. And believe me, the overwhelming majority of the claims will be found to be without merit.&#8221;</p>
<p>Mere speculation, which wouldn&#8217;t be so bad if you had some other strong argument to back it up.</p>
<p>&#8220;The main problem lies with the Human Relations Commission and the system for adjudicating discrimination claims.&#8221;</p>
<p>I disagree. When you have one group of Americans being treated differently than another group, this is definitely under the realm of the law.</p>
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		<title>By: liberalgeek</title>
		<link>http://delawareliberal.wordpress.com/2007/06/15/jack-markell-posts-online-petition-urges-passage-of-senate-bill-141/#comment-10452</link>
		<dc:creator>liberalgeek</dc:creator>
		<pubDate>Sun, 17 Jun 2007 01:22:26 +0000</pubDate>
		<guid isPermaLink="false">http://delawareliberal.wordpress.com/2007/06/15/jack-markell-posts-online-petition-urges-passage-of-senate-bill-141/#comment-10452</guid>
		<description>So, FSP, what is the price to be paid by an employer that violates their own policy of non-discrimination?  The fact that it might be more expensive to defend against these cases is sort of bogus.  You could make the case that the same would apply to any minority group.  Are the anti-discrimination laws w.r.t. African Americans, Jews, Hispanics, etc. unnecessary?  How about we just add sexual orientation to the list of protected minorities?  Does that do it for you?</description>
		<content:encoded><![CDATA[<p>So, FSP, what is the price to be paid by an employer that violates their own policy of non-discrimination?  The fact that it might be more expensive to defend against these cases is sort of bogus.  You could make the case that the same would apply to any minority group.  Are the anti-discrimination laws w.r.t. African Americans, Jews, Hispanics, etc. unnecessary?  How about we just add sexual orientation to the list of protected minorities?  Does that do it for you?</p>
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