What, me work? — VOICES for REASON

Want a sample of the burdens that employers must endure in resisting suits under the various “civil rights” laws that bar discrimination on the basis of race, sex, age, disability, etc.?

A postal worker sued his employer, alleging age discrimination. To mount a successful suit, a plaintiff must prove he suffered tangible harm from an “adverse employment action.” Normally, that’s a discharge, demotion, pay cut, or other obvious detrimental event.

This particular plaintiff, however, claimed in effect that the adverse action was making him do some work. That is, he was transferred from a job with no duties to a job with some duties. Don’t believe me? Here’s his testimony, describing his job before the transfer:

Q.  So you stayed at Merrifield. What were your duties at Merrifield?

A. None.

Q. None? Did you work while you were out there?

A. No.

Q. What did you do all day?

A. Occupied an office.

After his transfer from Merrifield, this paragon of efficiency became, appropriately enough, a “manager of legislative support in government relations” with responsibility for up to a dozen workers. He suffered no loss in pay or benefits. Nonetheless he sued for discrimination, claiming to be worse off for having lost his “do-nothing position.” Fortunately, the court ruled that there was no “adverse employment action,” and the case was dismissed.

But even when employers win these cases, they lose. The costs of fighting such cases (the lost working time of employees, the expense of hiring lawyers) as well as the costs of defensive Human Resources tactics (to forestall cases before they get started) are staggering. The solution is to repeal such laws and allow employers and employees to arrange their affairs entirely by voluntary agreement.