Comments on: Chemerinsky legally entitled to job? https://www.overlawyered.com/2007/09/chemerinsky-legally-entitled-to-job/ Chronicling the high cost of our legal system Tue, 18 Sep 2007 16:12:00 +0000 hourly 1 By: Andrew https://www.overlawyered.com/2007/09/chemerinsky-legally-entitled-to-job/comment-page-1/#comment-14698 Tue, 18 Sep 2007 16:12:00 +0000 http://overlawyered.com/wpblog/index.php/2007/09/chemerinsky-legally-entitled-to-job/#comment-14698 Relating to your final paragraph:

I have often wondered how draconian anti-smoking laws pass muster. After all, isn’t smoking an addiciton, and, hence, ADA-covered? So, shouldn’t my employer have to make “reasonable accommodations” for my smoking? And don’t strict anti-smoking laws prevent that?

Well, perhaps another gold mine for an employment law attorney, provided they can overcome the demonization of smokers we have had for the past decade or two.

]]> By: Anonymous Attorney https://www.overlawyered.com/2007/09/chemerinsky-legally-entitled-to-job/comment-page-1/#comment-14697 Mon, 17 Sep 2007 16:40:32 +0000 http://overlawyered.com/wpblog/index.php/2007/09/chemerinsky-legally-entitled-to-job/#comment-14697 I generally take the position that there should be freedom for the employer to hire and fire for reasons it sees fit. But as long as we’re way, way beyond that under American law, I guess I’m sympathetic to laws forbidding hiring decisions hinging (solely) on politics or views. Mr. Volokh’s spectre of Nazis and Klansmen ascending to deanship of California’s law schools is a little dubious, but it appears that this – not a potential Chemerinksy lawsuit – is his concern (and I didn’t review all the caselaw he cites, but is there really a case like this?).

“Anti-discrimination” laws focused on race or ethnicity are obviously made for the benefit of non-white persons. They have hit our society hard, with hair-trigger filings by the thousand that are often, as court decisions show, meritless. On the rare occasion they’re brought by whites, the facts are so heavily on the complainant side as to deserve summary judgment.

So, say you’re a person – say, a (gasp! white) law professor – who’s noticed this and has spoken frankly about it, perhaps even written about it. Wouldn’t be a little sweet justice if your law school couldn’t fire you just for saying so? I think so.

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