ECN Forum Forums General Topics of the Trade Business Related Discussion Interview questions Quiz

macmikeman:

Title VII is a Federal Statute, so it trumps any state or local statutes. In other words, the state or local government cannot get around this law with their own. They can add additional protections, but they can't take any away.

And no, these rules apply to all employers regardless of size.

Kevin

TNS, I am going to have to say that answer is not complete.

The Federal Givernment is not, in any way, "superior" to the states, or counties. It only has what powers are assigned to it by the Constitution. Powere not specifically assigned to it belong to the States, or to individuals.

Now, I will conceed that the Federal Government has asserted thet the power to regulate interstate commerce (which is assigned to it) can be stretched to cover any whim of the Federal Government. But, they don't always win (RE: Lopez).

That said, compliance can be a nightmare. Company size does matter.... too small, and the various agencies can have difficulty applying certain theories. For example, how can you accuse a one-man shop of discriminating in Employment? Yet, I have seen EEO suits that claimed that an employer discriminated by having the "wrong" minorities employed. Go figure.


One is essentially limited to three protective measures:
- Use already court-tested "standard" paperwork;
- Employ a 'buffer,' such as an employment agency; and,
- Be so poor no attorney will bother with you.

"Sue me for all I have... it won't take long!"

"The Federal Givernment is not, in any way, 'superior' to the states, or counties. It only has what powers are assigned to it by the Constitution. Powere not specifically assigned to it belong to the States, or to individuals."

Essentially correct. The Constitution contains what is known as the "Supremacy Clause", which makes it the supreme law of the land. If this were not so, then the Bill of Rights - for example - could be "overruled" by the States. In effect, the federal government would become virtually powerless. But because the Supremacy Clause is there, so the states cannot do this. This applies for Title VII as well. The states can try to diminish it's authority by passing their own legislation against it, but the Federal courts have the power to strike it down.

"Now, I will conceed that the Federal Government has asserted thet the power to regulate interstate commerce (which is assigned to it) can be stretched to cover any whim of the Federal Government. But, they don't always win (RE: Lopez)."

Correct again. I don't believe the founding fathers ever intended the commerce clause to become the "catch-all" that it has. However, the courts are ruling in favor of those who write their checks (the politicians), and thus we have the extreme bureaucracy that we have today. Unless and until the American people as a whole finally stand up against them, they are going to continue seizing power and control. In fact, it is my opinion that our Constitutional Republic is pretty much dead and we are on the verge of a police state or unofficial "monarchy."

"That said, compliance can be a nightmare. Company size does matter.... too small, and the various agencies can have difficulty applying certain theories."

I agree that compliance can be a nightmare when it comes to affirmative action laws, etc. However, I disagree in regard to size insofar as Title VII is concerned. I am not aware of any statutes or precedents that would permit any employer from discriminating against the protected classes based upon size of the employer. Some laws, such as the FMLA do have stipulations that exempt employers under a certain size, but not Title VII.

One additional protection is for a person to educate themselves the best that they can as to what the law requires.

Thanks for your comments.

Sincerely,

Kevin

I believe you're allowed to ask whether someone is legally eligible to work in this country, and to provide proof of that eligibility.

If that's your concern, that's a better question than #1 and #10.