This is our second post in a series on employees' rights when they get laid-off from work.  In our last post, I pointed out that even though an employee may have been "laid-off" with several other employees, that does not necessarily mean they were not wrongfully terminated in being chosen for layoff.  This post deals with the situation where a large group may be "singled out" for wrongful termination.

For example, one of the most prevalent forms of class action employment law claims following a layoff is based on age discrimination.  A company often decides that the best way to cut costs in a layoff is to get rid of those with the most seniority, because they are usually the ones with the highest compensation.

However, California employment laws state that where an employer terminates an employee because of their high compensation relative to other employees, that is proof of age discrimination where the high compensation is a result of that employee's age.

In other situations, the "decider" of who stays and who goes in a layoff may have their own biases (conscious or unconscious) against certain groups of people based on race, gender, national origin or other protected characteristics.

The easiest way to prove this sort of discrimination is through statistics.  I have seen many layoffs where only those over 40 are laid off and then later replaced by new employees fresh out of college.  Similar evidence can be used where a male decision maker only lays off the females because the men have families at home.

Sometimes the only way to tell if this sort of thing is occurring at the time without the benefit of statistics is through anecdotal evidence.  However, under federal employment law if you are part of a mass layoff and over 40 your employer in most cases must provide you with a list of all other employees being laid off, including their ages and position.

In this third and final installment in our series on Ron Paul's comments about employee rights in his book Freedom Under Siege, we examine his views on civil rights legislation in general, which can be found in several sections of his book, but is best summed up with the following quote found on page 39:

[P]eople have the right to discriminate...in choosing...an employee.... Civil rights legislation of the past thirty years has totally ignored this principle. Many 'do-gooders,' of course, argue from the 'moral high ground' for their version of equal rights, knowing that they can play the sympathies and the guilt of many Americans.

It appears Mr. Paul is not only against protection of women in the face of discrimination, but virtually all protected minorities and classifications, including race, religion, and age.

What else is there for me to say about Mr. Paul's views other than I disagree completely and as someone who thinks of himself as a "do-gooder," they offend me. I would think the majority of independent voters tend to agree with me, but recent polls showing independent support for him seem to tell a different story.

This will likely be my last foray into political commentary for this election cycle. It has been an eye-opening experience and at least solidified who I will not be supporting in the upcoming elections.

According to an article in today's Los Angeles Times, Congressional Republicans are pushing to amend federal anti-discrimination laws to do away with the provision that prohibits employers from requiring employees to only speak English at work.

Currently, under Title VII of the 1964 Civil Rights Act such an "English-only" policy is considered national origin discrimination. There is a "business necessity" exception to this rule where speaking English is necessary to do the job. For example, a nurse who assists with surgeries must be able to speak English to communicate with the medical staff.

This amendment is unlikely to pass and is likely just pre-election posturing to bring the debate over immigration into the forefront of the electorate's consciousness.

However, most employees in California would not be effected by such a change, because California's Fair Employment and Housing Act also prevents English-only policies and is far more protective than Title VII in virtually all respects.