San Francisco federal court ruling that delivered the ruling Tesla to pay 137 million dollars For an African American employee subject to discriminatory behavior by colleagues on the basis of his or her ethnicity, it provides a springboard for ideas that transcend the individual situation and even transcend the periphery. It is clear that the concrete case in which compensation was awarded too high (a) should not be underestimated discriminatory factor He will surely urge the company to be more vigilant and not be limited to blanket advertisements that, if not followed by decisive behaviour, provoke legitimate doubt which constitutes nothing but an increasingly widespread marketing process that uses discriminatory categories for interface operations Which therefore deserves to be described as a pink wash, a rainbow wash, or a black wash as appropriate.
But the historic ruling also raises further reflections on the situation in our country, which is getting weaker in the United States. Protection against discrimination Of the male and female workers, theoretically, unwilling to enact legislation that addresses discrimination at the source, where it arises, and thus in civil society that is a mirror of what is happening in the world of work.
It is clear that the legislature and employers’ associations – and this must be admitted – the Union For their part, they share, albeit with the necessary graduation, the responsibility of the situation.
It cannot be forgotten that the counter-reform laws that have characterized the past twenty years have gradually deprived women workers of important tools that protect women from discriminatory separation (Hence behaviors in this sense). It is true that from a purely official point of view, discriminatory dismissal is still punishable Refund The person fired but it is clear to anyone who deals with labor law in different capacities that the reforms that have occurred over time that culminated in the infamous Jobs Act have weakened protections against dismissal without a just cause No longer provides for restoration but only (with rare exceptions) economic compensation: this means that today it is necessary to give effect to the so-called real protection against discriminatory dismissal Proof of discrimination Whereas in the past it would have been sufficient to fall into the broader category of absence of just cause: it is well known that the proof of the distinction is merely a proof or perhaps more complex than a proof bullying, A very complicated case to prove in court.
Regarding employers, I previously mentioned that Corporate Social Responsibility It requires not only disregarded behaviors (and thus not direct actors in discrimination) but active behaviors aimed at the complete inclusion and extreme contrast of discrimination including those directed by workers to colleagues and colleagues. But, in reality, this does not happen often and anti-discrimination policies persist until time Marketing campaign or commercial advertisement. From this point of view, the case of Tesla is symbolic.
Finally, the union seems to have taken charge of some discriminatory issues (by gender, race, and skin color) and others less (I’m thinking about sexual orientation and gender identity, especially in relation to people in transition who suffer even before employment discrimination in accessing the work itself). ). It would be useful for delegates and delegates to come to workplaces formed instantly In combating all forms of discrimination so as not to underestimate it, objecting to it when it appears, immediate intervention by the employer, and last but not least, it is viewed by those who suffer discrimination as Trusted interlocutors.
Often this is not the case: it would be useful instead for the discriminatory issue to be seen as A health and safety issue at work It is (understood as the well-being of work and not merely the absence of diseases) and thus also became of interest to the representatives – the company and its employees – for safety.
Finally, it remains to note bitterly that if the task of saying clear words against discrimination is assigned to the state, thus creating the context in which it operates, the painful issue of law against discrimination on the grounds of sexual orientation and gender identity – a debate that has gone on for so long without consent – Not at all well attested to this effect.
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