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Will this then open up smoking as a protected class then? If so I may change my opinion then, because If I can sue you for not hiring me because
I smoke then yay. 100 or so years ago I may have agreed but not in today's world where opinions and politics seem to play out in everyday life I don't nor can't.
I do hope but doubt it you do see where all this is going right? and not for the better either.
We need zero protected classes when it comes to private enterprise and private contracts.
What you do on your own time is your business, but if your off-time activities create a negative impact for me or my business or my customers, I'm under no obligation to indulge your off-hours activities and you're under no obligation to work for me if you cannot abide the terms and conditions of employment. It doesn't matter if its guns, tobacco, booze, weed, hard drugs, skydiving, seal clubbing, or riding your bicycle through downtown portland in nothing but your birthday suit. You don't have a right to someone else's time, money, service or product. All employment is voluntary and should be subject to either party terminating that relationship at anytime, for any reason.
If I as a business owner wish to implement unreasonable, outlandish requirements off the clock - that should be my decision. If you as the employee or potential employee want the job, and you're willing to abide them, that's your decision. If you are unwilling to abide or humor the outlandish requests, again, that's your right and you're free to pursue employment elsewhere. You're also free to start a competing business and craft the policies you see fit.
Protected classes come about because people think they are more special than everyone else, or they're unwilling to deal with adversity. They think because they're old, gay, boy, girl, asian, black, white, orange, purple, crippled, slow, just plain stupid, or gifted that they deserve special treatment, they should get picked first, and that I'm somehow obliged to deal with them because they exist and demand it - its nonsense, but they got law makers to put that nonsense into law because lawmakers are generally corrupt people that seek to impose will and consolidate power and money - so you dangle a dollar in front of them, take them to a nice dinner, and help get them re-elected and they'll sell their services just as quick as Jiffy Lube. Its a toss up who provides worse service too.
Discrimination is not necessarily a bad thing. When it was allowed - you could see someone's character more clearly. If you agreed with them, you'd do business with them. If you disagreed with them, you didn't. Now the bigots, the azzholes, and the corrupt hide behind law and company policy and you don't get to see their true character as clearly, at least when it comes to those special classes. We can see it clearly when we see a No Guns or No Weapons sign on a business' door. We can see it when the face-tattoo'd, septum-pierced, black lipstick wearing, Che Guevera-T Shirt clad tranny hands us a cup of burned, overpriced coffee while droning on about how capitalism is evil. But they hide their true nature when dealing with those special classes - the racists change their tactics, the Jew haters change their tactics, the commies change their tactics. They're just more insidious now.
I don't have any problem with a business that wants to impose rules. We can chose to ignore them, we can chose not to work for them or do business with them, or we can choose to play ball. America is still a free country, for now. With every law politician pass, we get a little less-free. With every administrative rule passed, we get a little less free.