I have been thinking for quite a while of writing a post on the importance of allowing various forms of what are considered to be "discrimination" in hiring. That longer and more sweeping post will have to wait, unless this one turns into it by way of the comments discussion. Meanwhile, here is just one reason.
Increasingly, the public at large is insane about what counts as a valid reason for firing someone or not hiring someone. The majority simply cannot be trusted, in any way, shape, or form, to come up with some sort of rational rules by which to micro-manage employment practices, even if such micro-management were a valid function of government at all. In witness whereof, I call the following case regarding a public school teacher, whom nobody involved seems to think should be fired:
Crystal Defanti, a 5th-grade teacher in Elk Grove, CA, made a videotape of herself having sexual intercourse. She then accidentally included the tape on a DVD of school memories from the past year that she made for students. When students were watching the tape with parents at home, suddenly it cut to that footage.
But nobody wants her fired. Oh, dear, no. Even the parents don't seem to want that. And "legal experts say it's unlikely she'll lose her job." Why? Well, you see, she didn't do anything illegal. Well, that's that, then.
Now, what do you think? If these parents, Ms. Defanti's employers, Ms. Defanti herself, and/or the legal experts consulted were in charge of anti-discrimination laws, what are the odds that they would think it should be illegal to fire her? Discriminating against her for her "lifestyle," you know, and for a simple little mistake, poor woman. I think there are people who would indeed say so. A lot of people. There are a lot of people who have crazy ideas about what's a good reason to fire somebody, and who think that their own ideas should be the law. And the history of federal and state law in the past forty-five years encourages them in such totalitarian impulses, because that history has been one long progression of everybody and his uncle making it illegal to make any employment decision they wouldn't make.
So thank God there are still private elementary schools in the country who maybe, just maybe, would fire Ms. Defanti. And thank God that maybe, just maybe, they still could.