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If not, then why are business owners legally obligated to higher certain people? Why can't a man who ownes a business decide whom he wants working for him? Doesn't he have the right to reject minorities, (including women) if he wanted to? Doesn't he have the right to promote whom he wants?

2006-08-07 16:02:58 · 16 answers · asked by man_id_unknown 4 in Politics & Government Law & Ethics

FYI: I'm darkskinned and of Puerto Rican decent.

2006-08-07 16:06:12 · update #1

Isn't one property one's property, wheather a home or business?

2006-08-07 16:08:39 · update #2

16 answers

Businesses are required to keep a balance of employment because they are in essence public servants and subject to the government if they want to stay in business. Homeowners are not public servants and thus not obligated to house anyone they don't want to, it's called privacy.

2006-08-07 16:10:24 · answer #1 · answered by BP 4 · 0 1

Businesses are in fact not public entities, they are private entities (read some constitutional law before answering next time). They are part of the chain of commerce, which falls under the commerce clause of the United States constitution. Under this, the business cannot discriminate based on race, religion, or sex unless they have a good reason not to (such as not allowing women to work in conditions that would hurt them more than men). I doubt there is any argument out there to allow a white man to be allowed employment but not a black man. Anyway, pretty much any reason the employer comes up with must have a valid reason for the discrimination (such as any employer not hiring someone based on experience or level of education).

A person's home does not fall under the commerce clause, and I'm pretty sure would fall under the bill of rights as private property. A person has a right to protect their property and also deny access to the property unless there is a legitimate government interest otherwise (such as needing to build a road, checking meters, picking up garbage).

The government has the right to make sure businesses don't discriminate, they don't have the right to tell a pereson they must house random homeless people.

2006-08-07 16:22:44 · answer #2 · answered by jhessick 2 · 0 0

If you are a minority, you have an equal right to be hired under the law, provided you have the right qualifications, background and experience. You have the right to take action against a prospective employer if you believe they did not hire you because of the fact you are from a minority group.

As for sheltering the homeless, I question some of the landlord and tenant laws here in Ontario where some tenants have gone as far as not paying rent for nearly a year before the landlord was able and willing to take actions to evict. In the meantime, this person has no money and does not pay the landlord what he owed during the period of time he or she was "housed" there.

You are comparing apples and oranges, because property has an entirely different context here.

2006-08-07 17:13:33 · answer #3 · answered by Angela B 4 · 0 0

No, they are obligated to pay a your wages.
Read the CONSTITUTION OF THE UNITED STATES.......
BUSINESS OWNERS CAN EMPLOY WHO THEY WANT TO .....Within government guidelines .. See the Employment Laws of the state that you reside in .. Here's an example ..I have a company that needs a person who is proficient with certain computer programs. OK the employer can pick the person who he wants for the job as long as they FIT the job description and have experience and knowledge that will ensure that he has a shot at the job ....
He cannot reject minorities .its about qualifications and experience.
If you have been discriminated see your local Department of Labor ,or EEOC......The employer is the employer , you are working for him , he will promote you as he wishes according to your past work performance at your job........... Good Luck

Brown , is Beautiful, so are all other colors ...

2006-08-07 16:20:56 · answer #4 · answered by cesare214 6 · 0 0

Business owners do discriminate. Try to get a job if you are over 60 yrs old. Of course , if a fuss is made , he simply gives another reason he did not hire you. Then try to prove it.
As for having the homeless move into my home, I could not afford it. I can't make ends meet now. What would I do with a couple of more people to support.
A man in our church, believed in this and had lots of homeless people move in. Guess what, they robbed him blind and in the long run killed him with all the stress they put on him!

2006-08-07 16:26:45 · answer #5 · answered by Anonymous · 0 0

Of course homeowners are not legally obligated to shelter the homeless. Are the homeless or the government going to pay the mortgage, utility, food, etc. for that homeowner? Just look at the volume of foreclosures, bankruptcies, preforeclosures, etc. in the US and ask yourself that question-- because those very homeowners would become the "homeless".

2006-08-07 16:41:35 · answer #6 · answered by CINDY F 1 · 0 0

A business owner has the right to choose whom he wants to hire, as long as the decision is not based upon race, creed, religion, sex or national origin.

It is not easy to prove; absent an incriminating statement made in front of a witness.

He also has the right to promote whom he wants, see above.

2006-08-07 16:34:06 · answer #7 · answered by MenifeeManiac 7 · 0 0

The majority of people want to complain that the homeless should get a job so that they won't be homeless anymore and beg BUT nobody wants to hire these people. What sense does that make? It's a Catch 22.

2006-08-07 16:09:49 · answer #8 · answered by guineasomelove 5 · 0 0

the homeless and minorities are not analogous. you can't discriminate against people for innate characteristics unless they are directly related to job performance. Homelessness is not an innate characteristic. For instance, you can't discriminate against tall people unless you can show that their height has a negative impact on their job performance - like if a guy simply can't fit in the job.

2006-08-07 16:07:28 · answer #9 · answered by Charles D 5 · 0 0

There is not a law that says who should be hired or fired based on their skin color...there is a law that says you cannot fire someone for their race, creed, color, national origin, sexual orientation or gender.
But there are so many ways that this issue can be taken it would be hard to list the number of alternatives...
Good luck...

2006-08-07 17:09:09 · answer #10 · answered by Walter J 3 · 0 0

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