- Oct 14, 2020
- 2,021
- 3,304
"firing an adult teacher for dating an adult student is a violation of the teachers (because they are the employee) right to free association."
This is the part that Ename missed on his first reading, let's parse it.
Firing an adult teacher - Being fired from their job penalizes the teacher.
Right to Free Association - The right to associate with whomever you choose is an enumerated right under the 1st Amendment of the Constitution. The Civil Rights act is a piece of legislation designed to penalize those who attempt to deny people their enumerated rights.
What this means is that Cathy has a right to date the MC if she chooses. Is it that simple, no it's not.
As an employer the University is on shaky ground telling their employees who they can associate with. Notice I said shaky ground, because the law is interpreted through the courts, and the particulars of the case, the bias of the court, and case law will have bearing on how the colleges attorneys advise them regarding this policy.
Although Cathy's right is clear their are other factors and circumstances where Cathy's rights conflict with the rights of others.
The video that Shazba posted, and described "The more I read about it, the more vague it becomes." reflects the shaky ground that I referred to. What this means is that B&R would not have a solid defense if they fired Cathy and she turned around and sued them for penalized her for exercising her Constitutional right to associate.
As any Lawyer will tell you litigation is perilous. Once an issue is brought before the Courts, unless you have a solid case based on settled law, almost anything can happen. And loosing such a case can be very damaging, financially and in terms of public reputation. Lawyers know this and will strongly advise against risking a court action without a solid defense.
So would B&R risk firing Cathy for dating the MC? Who knows. What I know for certain is that B&R's lawyers will be advising very strongly against it. That B&R will consider very carefully before taking such a perilous step. And that all of the absolute statements made by various posters on this issue are dead wrong.
Case Closed
This is the part that Ename missed on his first reading, let's parse it.
Firing an adult teacher - Being fired from their job penalizes the teacher.
Right to Free Association - The right to associate with whomever you choose is an enumerated right under the 1st Amendment of the Constitution. The Civil Rights act is a piece of legislation designed to penalize those who attempt to deny people their enumerated rights.
What this means is that Cathy has a right to date the MC if she chooses. Is it that simple, no it's not.
As an employer the University is on shaky ground telling their employees who they can associate with. Notice I said shaky ground, because the law is interpreted through the courts, and the particulars of the case, the bias of the court, and case law will have bearing on how the colleges attorneys advise them regarding this policy.
Although Cathy's right is clear their are other factors and circumstances where Cathy's rights conflict with the rights of others.
The video that Shazba posted, and described "The more I read about it, the more vague it becomes." reflects the shaky ground that I referred to. What this means is that B&R would not have a solid defense if they fired Cathy and she turned around and sued them for penalized her for exercising her Constitutional right to associate.
As any Lawyer will tell you litigation is perilous. Once an issue is brought before the Courts, unless you have a solid case based on settled law, almost anything can happen. And loosing such a case can be very damaging, financially and in terms of public reputation. Lawyers know this and will strongly advise against risking a court action without a solid defense.
So would B&R risk firing Cathy for dating the MC? Who knows. What I know for certain is that B&R's lawyers will be advising very strongly against it. That B&R will consider very carefully before taking such a perilous step. And that all of the absolute statements made by various posters on this issue are dead wrong.
Case Closed