Each of these laws are pulled from the EEOC website. (https://www.eeoc.gov/statutes/laws-enforced-eeoc) This is not a total list but something I’d take a crack at with questions of standing. I’m not a lawyer, but played one in mock trial in high school before that went out the window. I imagine that lawyers all have heavy student loans on their hands that they have needed to work on whittling down. “Get to the choppah” heard in the distance. Never under-estimate the paralegal parachuting in on the landing points of conversation.
I wanted to tackle workplace discrimination a bit before going into what could be revamp’ed add-ons to my résumé. CV is so much easier to write as I don’t know the key commands to accent marks in that regard. Please forgive me as I give grace to multi-language keyboards and settings outside the English language. Standards are different in every country and then imported and adopted. Some are left by the wayside for others to come along and write their story of judgements. Narrowed views considered in this regard.
It is important to note that workplace discrimination exists because discrimination exists both in and out of the workplace. It is a part of psychology and it is a part of something that can never be erased collectively because it involves total understanding of the aspect that every person on this planet comes from any different background or connection that can be built-up or broken down. It is in our memories of self or told and passed down that create a story. It is always be about how we react/act to those memories. Discrimination is learned and we make our choices from there knowing anti-discrimination is also learned and still it comes down to self-responsibility to uphold beliefs or have moments of human understanding.
People are always quick to judge and will go with the simplest answer first before processing and understanding. Exasperated now in the information overload of what is available and what people pay attention to. What is the sound bite? What is the billboard message? 5-6 seconds given only knowing as you drive by it in a subconscious aspect of yourself you processed it multi-tasking. Not everyone reads or can so it is important to note my message before I go further.
”We are all looking to belong.“
That is me. That may or may not be you. I try to provide a safe space to that idea that I live by and grow into every day. Conflicts always. Lessons learned. But that is myself summed up into one sentence.
(Definition from Merriam-Webster) Prejudice 1 : a liking or dislike for one rather than another especially without good reason She has a prejudice against department stores. 2 : a feeling of unfair dislike directed against an individual or a group because of some characteristic (as race or religion) 3 : injury or damage to a person's rights.
We find commonality in areas as we grow older knowing as children it was easier. We did not really look at the things that separate us then but more so what connects us. I wrote and published my thoughts on Transformers (an example of shared interest invites conversations as a child) to where things shift in the processing area from middle school, high school to the work place and adult life. I suppose those later conversations revolve around either sexuality or what can you do for me. Depends on the environment on what is and is not proper or allowed. Agreements between people. Agreements between companies. Agreements is the keyword knowing “safe space” is 100% a psychological virtue we strive to or for subconsciously. That approach factor is interesting to explore as self interests factor in. How hard is it to say, “Hi” in adult life without a series of questions on either side? It is humanly impossible to live a life without a single bit of prejudice knowing later you even have to question who is watching you.
It is completely impossible to group everyone into one train of thought of total agreement knowing the personal experience factors in. Maybe not. Who we are as individuals is unique and always a gift to share or be comfortable to share with others. You will never find a 100% answer socially and intimacy is something that comes with age to know proper acceptance or disregard. I remain approachable socially knowing your swiped right in reading this to introduce and say “hello” back or first. What is the proper way to approach people this day and age? Respect is the answer of always a privilege to get to know anyone. That comes from a friend, romantic or professional capacity. We are all privileged to have any cognizant understanding of other people’s perspective. It is always going to be about the comfort of sharing and with whom.
Title VII of the Civil Rights Act of 1964 (Title VII)
”This law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate applicants' and employees' sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer's business. “
(Definitions from Oxford Languages) Discrimination. dis·crim·i·na·tion /dəˌskriməˈnāSH(ə)n/
1. the unjust or prejudicial treatment of different categories of people or things, especially on the grounds of race, age, or sex.
2. recognition and understanding of the difference between one thing and another. "discrimination between right and wrong"
Discrimination comes from many places. It comes from two places. It comes from taught behavior and learned experience or it comes comes ignorance or lack of education of other people. Lack of empathy is my answer in that regard and it is a trained area to focus on. We can teach how to prevent discrimination, but the personal experience we have is never going to be taken away (generational or self-afflicted). Those categories of prejudice create the basis of argument of understanding to where education is necessary to be taught or should be learned early on. 100% support for Home Economics being at least in the public school system before going into my own hybrid public/private education. Talks of modifying/censoring history in classrooms should go back to that fundamental 1 sentence statement I made that is regardless of religion and what this country was built upon (being from the United States of America). It is difficult to tackle from a teacher perspective and I understand that not all children are provided an educational system at home and it is not the responsibility of the teacher to raise but only educate and let them make their own choices in life. We are all afforded introductions to concepts that are either taken for granted or we know what we know from either streets or books. A combination is amazing.
As we get older it is always going to be about what makes us unique as a person over the childhood understanding of what brings us together. You see this on social media and you see this both corporately and individually. “It is I!” statement made. Remember the other “This is I!” statements proclaimed realizing that there is difference and there is past experience that is handled case-by-case privately, personally and in workplace environments. Workplace environments are sacred knowing we are all trying to collect a paycheck at the basic understanding and afforded the right to safely do so. How we interact with co-workers is personal and consequences come into play when you realize this is not your home and you are a guest of this house. It is up to companies to fortify that notion and if need be continued the trained education of understanding not everyone was trained in respect and that personal experiences factor in on that. These laws are hard-lined to teach you a lesson you may not have been educated on.
The Pregnancy Discrimination Act
”This law amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.”
I believe I am not equipped to handle this subject. A woman’s body is there choice and there is a heavy flow of argument to go one way or the other. I do not interject on a woman’s body in any way, shape or form. Zero discrimination from me of a woman of pregnancy in the workplace. Zero.
My morality goes outside the workplace and from my own experience knowing that is not the topic at hand, but you will find that often as we break down these discussions. When it comes to pregnancy, that is a combination between 2 people to form a union outside the acts of momentarily or intentional. That is intimate and that is why that section of discrimination is there and protected. From the female side and the male side, you cannot fight biology and parents’ right to carry on a future. It happens in all of its form and is a choice that is utmost respected because there is someone in this world coming who knows nothing of it. The story can be always from hope knowing 8←9 months (average) at least 2 people built hope in what is to come. I imagine further compassion and laws should be allowed for miscarriages as well understanding when hope is lost not by any factor that is either controlled or biological. Psychologically we all have to understand compassion and empathy knowing empathy is not just sympathy. The loss of anyone is common under bereavement laws. That should apply to miscarriages.
I could go deeper into my thoughts of a woman’s right if I wanted to. It is always a woman’s right to chose things but it does become a point when it comes to the intimate aspect to understand that those decisions are hard on both the mother and the father and completely private. Life factors in and personal choices are made. That right to choose comes from self-reflection on either side of the coin. I lost a child when I was younger questioning many things as the other did as well. we were young and decisions made. It was never my decision in that regard but I understand my deflection as well. It becomes severely personal in any aspect and is never for public ridicule or battlegrounds on either side. When speaking of heartbeats in this regard, there are the ones forming, the ones right in front of you and the ones lost afterwards. My experience came from lack of experience on either side and growing up really quickly when a potential life is in factor knowing I grew up faster than expected prior in my regard.
Questions. Internalization. The process of pregnancy is sacred to those who consummate the union. It should never be politicalized and if so it requires empathy before judgment. You will never be able to inject yourself into a family’s choice or personal choice to end a life regardless of the stipulations behind it without also looking into assisted suicide and understanding compassion of intimate understanding on either ground. You cannot blanket statement the hardship of deciding one way or another to end or see to term a pregnancy. If any hate was ever there in any regard, there should be zero issues of anyone adopting knowing there is an even harder process to do so that takes months and even years to complete. Adopt a child before you ever open your mouth about the hardship of abortion or open your mind to empathy and understanding that we are not all afforded equal and not all cut from the same cloth. The process of adoption may do people good. The focus would be more on love and nurture than on hatred of others. DISCLAIMER: It is expensive to have children and shit will be had in that scenario.
In that discrimination seen of the judgement of adoption, I question that you need to remember children come first in many regards. If denying a home to a child based on your beliefs holds a child back from a potential loving home then that is against morality and to some their religion. Psychologically developmental stages are important and the longer that homes are denied, the more harm we do to them and they will remember that. I understand the practice of faith-based adoption agencies using that as a snuff test, but it still will always morally go against religion and creating homes. The process is strong to see if people are financially stable enough and questioned prior. Fact: you can actually age yourself out of adoption at the age of 40. 7 months left for me and then never ever. With wages being the way they are how can anyone look at things in the same ways as the 60s in that regard. Most aren’t even getting their foot in the 30s, let alone 40s. Welcome to those dreams of picket fences and owned homes taken away for rental property and paycheck-to-paycheck.
I remember when I was engaged and came to the beauty of knowing I was going to be a father. Questions around that and private beyond belief in that regard but I remember the hardship and the decisions made from that time. One of my art series tackles that thought process throughout my 10-20 years exploring it creatively, My entire adult life really. The rights of the father matter and transformed me as well as I’ve grown the 20 years to be able to talk about it from a place others might be willing to as well. It was never my choice and I know the circumstances behind it. I have tried to honor that child to the best of my ability my adult life by learning understanding on either side of the shoe. It is not always just a woman’s choice. Sometimes it is our choice. It is private and to interject into that and regulate leads towards areas that put others at harm and risk.
I could talk about women’s rights and I stand there 100%. It becomes different when a child born or un-born factors in. I’ve grown adaptive and supportive to schools passing out condoms and birth control like you don’t believe knowing that it is either taught at home or it is taught in school. Awkward one way or the other and the parent(s) is always learning. The teens are very interesting for everyone and it is always going to be an incredibly awkward conversation between parent/child or teacher/student. Biology and psychology is going to happen before you get into knowledge that I don’t know about as not being a parent.
Memories and the persistence of it exists. I defer back to our memories and our life experiences knowing we never know anyone’s full story. There is post-partum very much known about. Commonly on the maternal side, but I question my own on the paternal side. They create rules now where it is ok in some scenarios for abortions thinking well I get this and that. It is always going to be private and completely intimate to discuss. Sometimes it is best to just about face that argument and find other agendas to get behind. The heartbeats are going in both directions on that one.
I think of the “baby trap” syndrome and how that has been weaponized over the years. Home Economics can prevent this but at the same time there is always careful consideration to be had there. I thought to myself thinking of bar mitzvahs that a coming-of-age talk between parents and male adolescence could be had about vasectomies and if that is viable at that age. “Children will be children” a common phrase, but might as well have a talk about the expense and responsibility of child-bearing and raising. I would say consult your doctor or medical professional on this at developmental stages, but cost is around $300-3000 dollars. It is completely a reversable procedure that when the time is right and mature enough, children could be introduced outside the coming of age aspect of adulthood. This talk and choice would be at an age of comprehension when consent is discovered normally anyways. Completely a different approach then childhood mutilation and always would be a choice that could not be forced but discussed on cost saving measures of (as of 2022, $272,049 to raise a child from 0 to 18, according to Investopedia). I imagine for those more fortunate that conversations could be had with a male “dowry” of reversal funds when the man’s right to choose factors into those mutual discussions of bringing children into the world. We are not all afforded that as an option but at some point talks of reproduction/sexuality can and would be had either way to wrap up the talking points. I am not equipped to talk about it from the other side but this seems practical and affordable. Naturally the cost of procedure would be lowered if adopted in practice and volume is increased. Population control is based on the education of cost and responsibility. Once you become a parent, it becomes a lifetime commitment of understanding that there is another part of you in the world. This is a halfway point.
One of my mentors was a mother at 16 and taught me well of the world. When I first entered high school I met a child of 14 pregnant with her second child. At the very least we can do is understand that adult conversations need to happen at some point in our lives and that is either from the home, school or experience. When it comes to discrimination surrounding pregnancy, that workplace law is completely enforceable to what happens during that pregnancy and special considerations should be taken when there is no full-term. Compassion and understanding goes well beyond a room for pumping and is done company-to-company on the privacy and intimacy of pregnancy and child-birth.
This legal language should also be applied to the male experiencing a pregnancy who may be affected by complications and other events during the pregnancy indirectly/directly and may have to leave work to handle certain situations or become emotional in the result of tragedy or personal factors surrounding pregnancy that could open the door for judgment from co-workers. This would never be never verbally cast judgment on a parent’s right of choice or experiences as any event surrounding a pregnancy positive or negative leads to psychological conversations that remain intimate and misunderstood in cases of discrimination.
Perhaps compassion should be given to everyone in the regard that you never know who has gone through the stages of pregnancy one way or another. Lack of knowledge of someone’s history of with-child/childless would be prime example of that on the other side. Children cannot and should not be used as a leverage to increase one’s value over the other without. We are all learning as we go and when it comes to body issues, decisions in the work place of one’s worth cannot be solely determined by the body count they carry with them. We are all human with/without a nuclear family.
The Equal Pay Act of 1963 (EPA)
This law makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
One of the main rules of employment is to not talk about compensation. This is done for the sole purpose that select few know one’s worth and where deals are had/broken. The birth of this law came from the wage-gap issues surrounding women at first known for making around 82 cents to the dollar vs. their male counter parts according to the US Department of Labor blog, later to bring up the conversation of minorities especially female minorities.
Where this law needs adjustment is to expand from the male/female comparison into the fair market value of services. I am roping in the next stage and coming back around.
The Age Discrimination in Employment Act of 1967 (ADEA)
This law protects people who are 40 or older from discrimination because of age. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
This law needs to be completely revamped and looked at from those discriminated under 40 by those over 40. Where discrimination comes into play in the matter is a reversal of the “Respect your Elders” phrase where time builds experience of what is and isn’t appropriate in the office/work-place which is where the original law was intended to protect and it does and should. This article is about discrimination and examples not citing the positive aspect of those of different ages on either side.
A “Disrespect your Juniors” has been adopted in some cases and taken advantage of where longevity of employment actually comes at a greater cost/consequence because “You should know better” the more experienced you get. In this regard, the length of employment compounds exponentially in every regard regarding HR nightmares and how to present oneself in the workplace when it comes to supervisor positions and being a representative of a company.
As you look at the workforce from decade to decade you see a pattern that goes into “The Greed Decade” of the 80s and an expansion from there. Exploitation has always been prevalent in regards to work but you always have the psychological aspect of “What can I get away with until caught?” mentality. This leads to cost saving measures of lack of raises, seniority in mental approach of “I’ve been on this earth longer than you.” that completely blankets decisions based on experience which comes with age.
”You know what they do in the corporate world when you don’t do what is asked of you?” Where this law needs to be focused on is the predatory practice of experienced vs. inexperienced. I look at this as an analogy of good teachers and bad teachers. Although we are taught directly/in-directly by our supervisors and co-workers, the question remains on what they were taught and what they choose to pass down to others or keep as their “trade” marks of personality. This leads to the promotion of ideology such as “Indentured Servitude” as a prime example of learned behavior that although conditioned and trained on it, does not excuse the behaviors of lack of compensation or discretionary measures behind it. There is a service to self to understand that one is never indentured to service at all hours for any company.
To attacked predatorially on inexperience for personal/professional gain is never to be tolerated or accepted. This would apply directly to my “Open Letter to The United Nations” where I cited The Savannah College of Art and Design predominantly in their SCADpro Program, but also in other areas. To have students pay for a class that is considered “A working internship” with private/public companies on real-world projects where the companies (and possibly SCAD) make huge profits off of those “student-paid internships” and they are left with maybe being able to add a mark on their CV about it without compensation is a prime example of Age Discrimination of “Dangling Carrots” of one thing and not realizing what is happening on the other side. As these students are “Shark-Tanked”, they are paying for companies to make millions off of them without compensation and thus, age discrimination before entering the workplace but the minute they paid for those real-world projects, they became contract employees and thus fall under protection when this needs complete revamping to prevent the continued exploitation of those under 40 by those over 40. I have written personally (and non-digitally) how I would have transformed that for the students/school/corporations and saw it as a major problem I tried to address with fundamentally changing the school in directions that spread across the collegiate market playing off of what has been happening in the sports arena already.
To approach how this can be modified and revised is to look at how this can be applied across both areas successfully. To remove the over 40 aspect of it you get into what is a fair sliding scale in the workplace. What would be fair to apply this correctly? 10-15 years difference between 2 parties? Allot can be learned in that spread and in most cases would lead to supervisor/employee. It is important to address the mass teaching of predatory practices to understand when age really is about experience in the long term. There is the “They should know better” and there is the “We just got here”.
”Respect your Youth” is implied but never really stated enough. In regards to innovation and transformative technology, those not accustomed to the work force are idealistic, inventive and transformative, especially in the years of late teens into mid-20s. With that known by those experienced, I cite Steve Jobs, Bill Gates and George Lucas before branching off completely into music, movies, technology, Those formative years are very important to the way civilization is perceived and in the above mention of The Savannah College of Art and Design it is well known that in all of their majors, those are primed studies that international students are being ripped-off and short-changed before entering the workforce not knowing how fundamental their contributions to society was or to their resume outside of a line item that to a company possibly even got written off from the intern status of partnering with a non-profit school. Innovation happens at any age and the more you have available the more effect you have. Poaching of this regard is an understood secret of those of experienced and the exact reason why under 40 is also protected by those of all ages and over 40 is also protected by all ages.
BACK TO EQUAL PAY:
With the knowledge of the practice above, equal pay needs to be looked at from the fair-market value and from real world applications. If one provides a service that is equal or greater to what was provided by others, regardless of age/experience the pay should be comparable. Especially when called out/noted/cited. To have someone forced into a situation where they spend the time to write fair proposals based on facts and other hired talent and then not even have the proposal read is a sign of both discrimination on age and discrimination on equal pay. When numbers already in the head prior, ignorance of the law is no excuse in most of the regards on the matter. Especially when it comes to inability to separate multiple positions from the self while providing other services saying that will be deducted from your annual pay. I am not sure how that applies when willfully taking away raises works when also willfully adding on more responsibility.
In the experience realm, if tasks are performed and salaries are known to individuals, it becomes again exploitation and against the fair equal pay law. This is a decision that comes from cost saving measures in the “what can I get away with?” category.
As more tasks are added on and “roles absorbed” to save money, it is a psychological condition that over periods of time people will forget their original job descriptions and take on more responsibility. This practice is discriminatory in that as dollars are saved in the workplace, the cost of working harder for the same amount is detrimental to the health of the employee by either not hiring the appropriate amount of workforce and putting company over employee first. In the regards of unfilled positions applied for and not received, it is amoral to have employees absorb those responsibilities without compensation and renegotiation. Especially for long periods of time before just eliminating the positions knowing they all probably adapted at this point to the extra work without having to compensate. It is a numbers game where people are far better with numbers than I on that one. Each new role absorbed is a completely different salary and title and should be in consideration when considering compensation.
When it comes to proposed laws of raising minimum salary for full-time employees, when one offers a raise to comply with the law and then the law does not pass, it is illegal to retract that raise after verbally given because you no longer “have” to pay it.
When determining fair-market value or real world applications, length of time spent is to be considered. There are reasonable schedules and then there is truncated schedules. Truncated comes into play when (at cost saving measures to the company), unrealistic expectations are met that both diminishes a product result but also psychologically creates double/triple duty to be considered. Compensation should be considered when cramming things in to meet deadlines of unrealistic expectations.
Equal pay is designed for when people are doing the same task either male/female/non-gender specific people. Is there a sliding scale on this in regard to new hires/current employees? The experience aspect factors into this completely where on a case-by-case basis companies would have to handle this one individually. If on-boarding new staff to provide the same task at a higher rate of pay than current employees, would that become a problem under equal pay? It is not so common knowledge if you want to increase your salary over your lifetime that it is best to not stay at companies for more than 3 years. This creates a self-created problem for those who prefer stability and longevity. You are more likely to get a major pay increase by switching jobs than it is to stay put with incremental changes annual (if at all). To find out new hires make more than one of loyalty and serves is an internal question that companies need to ask themselves on who is taken for granted.
I had an interview once where it was well below my paygrade but job and shelter come first. During the interview my experience, some 13 years at the time was discussed and of interest to them. The range of pay was $15-18. “If he wants to work at that price sure”. (paraphrased pretty accurately). I was eventually offered $17 with my experience. Not paying that extra $1 dollar was a total Dick move where again a company test was designed to create a basis where there were aspects of it that “Gets them every time.” (not paraphrased) in determining value per hour. Later that $17 dollars was more than what the ones training me were making. Ageism there as another experienced worker hired at the same time was discounted being experienced to the world while also another on-boarded at the same time was attacked on medical aspects that required her to bring a doctor’s note before returning for work. I guess in the end my experience was a blend of both of those and then a whole lot more. Output across the board for that company was looked at wondering how many people are gaming the system here?
I see why we don’t talk about salary. You find out that you get rated on far more than just experience and who you are as a person, but company loyalty (for some) actually starts looking detrimental to your own loyalty in the long term. The longer you have been at a company, the more likely you have an equal pay discrimination case. To look into that, I imagine secret shopping your company with current open positions could lead you to answers that may help you along the way.
I am unsure how this practice applies in favoritism of companies. If people around you are getting raises and supported by supervisors, it may be limited solely to their positions current or newly formed, but when other positions get dissolved it raises questions that go into more personal reasons than equal pay that may be discriminatory in other areas.
Title I of the Americans with Disabilities Act of 1990 (ADA)
This law makes it illegal to discriminate against a qualified person with a disability in the private sector and in state and local governments. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer's business.
I start with remembering the EEOC I filed in 2019. That should stop tracks before proceeding. I will let others look up the list of disabilities as it is long as should always be treated with respect of what is always a struggle for people to understand without experiencing things first hand.
Office gossip is very much a case-by-case basis where I’ve found myself not talking very much in the work place. Adaptive to the implied “Put up and Shut up” of how to handle things indirectly heard. As we look at each other what do you see first? Are you seeing what separates you from someone or what brings in commonality? That is rhetorical and private conversations with the self. Conversations you have with others are important to bridge that gap from instant distinction of difference to “Ok, where do we connect in crossing?”
Disabilities of any kind are from birth, experience or gained over time. It is a vulnerability to people and silent hurdles jumped to be afforded the same life as those who never claim a disability. Remember that. When you have confidants and people you rely on as social connection is important psychologically, what you tell them is connections and openness. If ever weaponized, that is a sign of the one with the weapon and never the person who has been betrayed in trust. To know people for any period of time creates moments of individuality that expand beyond the workplace and care should always be applied if the two mix. That is not a privacy issue, that is a respect issue and it creates problems in weaponization. Regardless of your out-of-work life, the workplace is designed as a safe space because it is symbiotic to you being there. If there is disruption, it affects the company. If there is fault, it is the company who becomes liable first before going down the line of individuals. In a world where we are possibly alone outside, inside becomes different and when told not to talk about something there is a reason for it.
I am not a teacher and I am not a master. I am a class act trying to tell you that however you present yourself once in the doorways towards others matters because we are all trying to put food on the table. I have no grudges. Nothing to settle. I have truths. I know lies. Secrets everywhere on what everyone goes through. If someone comes off hostile in the work place, you get out of their way and remove yourself from the situation. If someone is privy to things that fall into this section then it is best to never, ever attack on those regards. What happens when those of no disability create disability in others? Either way it is debilitating to listen to how people treat each other and when quick to judge. I’m not going to teach people to read correctly (definitely not in the grammar structure), but that “me” aspect has to also be an “others” aspect to find in self. As hard as it is for some, you have to leave attitudes at the door or even at home. Told once, “We don’t have to be friends.” when discussing getting to know you situations. I just thought to myself, “No…we don’t…but we do have to respect each other”. I suppose everyday they gave the silent treatment afterwards was more than enough to know that at least every day I said, “Hi.” and “Good Morning.” to absolute silence in return.
Sections 102 and 103 of the Civil Rights Act of 1991
Among other things, this law amends Title VII and the ADA to permit jury trials and compensatory and punitive damage awards in intentional discrimination cases. Effective - November 21, 2009.
How does this work when tried publicly before hand leading into the events of Feb 21, 2019? That is a specific question to my 2018/2019 experience.
HR departments are designed to prevent this question from ever occurring. Mostly for the liability of the workplace as they are the ones paying the bills (including your salary). When no HR is present, morality is there to a certain extent but things can run rampant if left untreated. If HR fails you, there are other avenues internally to explore before saying anything. Speaking is important and it is important to know when things are and are not confidential. I suggest if any of the above before getting to below have been affected to you negatively, file with the EEOC https://www.eeoc.gov/ if in The United States or reach out to the laws of your respective countries.
The Genetic Information Nondiscrimination Act of 2008 (GINA)
This law makes it illegal to discriminate against employees or applicants because of genetic information. Genetic information includes information about an individual's genetic tests and the genetic tests of an individual's family members, as well as information about any disease, disorder or condition of an individual's family members (i.e. an individual's family medical history). The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
This is a very specific question and I have been directed by the EEOC of Wisconsin to search for people that have been negatively affected by a business practice. Depending on any claim that goes through the EEOC, they are required by law to investigate any case involving Federally-Contracted companies. This is mandatory and outside the fact of giving a claimant a right to sue or not.
I interviewed back in November 28, 2017 over the phone with Uline located in Wisconsin. Part of the interview/pre-employment process is to take a pre-employment assessment that covers 4 areas of comprehensive psychological assessments. It covered writing samples, A Disc profile (Tests used to identify/graphically present an individual’s behavioral style, Jung Typology (Psychological Tests that measures how you process information and interact) and a Sales success.
I followed up with them on March 13, 2022 when I came across the original email and was interested if the results were available with the user ID and code still present and active. The screenshot above shows that my results are still housed on their server. Results were never made available to myself and I have visual proof that they are still on file in their system as of March 17, 2022 even after not being offered a position.
I reached out to the original contact and was directed to another resource in the HR department who responded that they checked with legal and they do not release those results and that legally that they do not have to. I responded back firmly but politely citing HiPPA, Privacy Acts and ADA Discrimination concerns.
The concern here and where it goes into the genetic area is psychology has always been a grey area that matters scientifically and is comprised of individual specific structure of life events and leads into probable conclusions of actions and behavior assessments. The term genetic defers to the specific of an individual and in the case of these tests becomes highly confidential as it because a medical assessment that is also used to diagnose and treat people based on assumptions. This goes into possible disorder or condition diagnosis which the genetic law applies.
My concern for this was the extensive aspect of it. I recollected it when I told a similar but far less evasive one for a reason job application before remembering that I also took one as part of an assignment for a class this year. Again…not the same as basic tests you find for free, but all created to pull information out of you. With the knowledge of a User ID attached to my results, it is possible that they are being treated as medically viable and could potentially be outsourced material as Uline is not in the medical field but connected. The fact that any genetic information (biological or mental) is used in a hiring process goes straight into discrimination and way too much information provided beforehand to make assumptions based on probability. Failure to supply this information back makes this information held hostage from every applicant to Uline since at least 2017 regardless if they got hired or not. Otherwise it would not stay on their servers.
I was directed by the EEOC to do some more research on the matter and find others who may have been negatively affected by this practice so that is what I am doing in this regard. They are federally contracted so it is an obligation on their part. But just doing what I can as a private citizen to help along the way based on past experiences in the soul search of the EEOC office. If you were not hired by Uline and had to fill out this medical information and they don’t let you have the results…you may be entitled to compensation. But defer to a law office for further details. I do not know what they do with that information outside of employment purposes, but if you are wanting a possible free psychological exam, it is far more comprehensive than the free tests online and possibly comes with employment. Depends on if your personality and probability matches the hiring coordinator.
Title VII protect employees who work in places where state or local law does not prohibit employment discrimination based on sexual orientation or gender identity?
Official response from website: “Yes. As a federal law, Title VII applies nationwide and protects employees from discrimination based on sexual orientation or gender identity regardless of state or local laws.”
This one is important and since we have already talked about pregnancy. The sex talk continues just a little bit longer. I know this one is very difficult for us to have and may put you on edge but this conversation is had in households all the time. It is difficult. It is awkward. It is mostly awkward because no one really was trained to talk about it outside maybe Dr. Ruth and certain high school coaches. Some do not understand it and everyone has the prejudicial preference. I learned about reproduction and sex education by a priest in Catholic school. I have spent my life wondering so many things about that but it is nun of my business. I understand that too could lead to completely different doorways there that are no laughing matters when it comes to children and adults learning about sexuality and consent. These sex conversations are just going to keep occurring as you get older or when you need a refresher so here we go…
There are birds and there are bees.
Both are real in this discussion.
Now…birds…they hang out together. Long ago when they existed they would sometimes fly together in groups of mass quantity. These groups are called flocks. There were many, many types of birds back in the day and they would even flock around other different types of birds. Size did not matter for some as big and small sang in merriment in and out of tune of one another. What they sang to one another became common place of what is expected. Even in the cold there commitment to song rings true.
At night, where they nested afterwards was nobody’s business but prime time for some to get comfortable. The next day they would be right there gathering and singing at the same spots they have grown accustomed to playing in with no one asking what they did the night before. The guardians of the night shift knows what’s up though. They say the same thing…
”What you do in your nest is none of our business. We know when you are sleeping and when you are very awake.
Love to hang during the day but we aren’t really singers anyways. But… just know… we hear you loud and clear at all hours,
Feed us. Protect you. Its a code and no crying fowl.
Please quiet it down so early in the morning.
I’m off to bed.”
<It is about mutual respect between them. They let others know who’s there watching out.>
Hummingbirds all a flutter the next day. The smell of nectar in the air. They have planet their arguments against them for being the fastest. “Thy make up for it swiftly in infinity of being able to go backwards and do tricks you can’t even imagine.” Always good luck when you find a hummingbird. They are the bee’s knees to pollination.
While others stay grounded and keep their head in the sand, others venture out into new territories. Wishing they could secretly fly along, they pound the sand and say, “Size matters…they will be back…they always come back.” Aviator travel gives warning though. Protected species like knowing what gets brought back as a souvenir. Just ask the Condor.
The Great Migrations are seasonal where it is always good to spread your wings in new locations where flocks of a different color join at new hot spots and enjoy some vacation once in awhile while mingling. New place. New rules. Freedom from the daily chatter brings about a chance to really spread your wings and rediscover yourself. It is in those travels that one finds themselves in new perspectives and opens the door. Thoughts of the Ostrich on what they can’t see knowing The Ostrich will kick your ass if you get out of line but always a good ride as well. The Ostrich is where the heart is at home knowing they are familiar in their grounds and made it theirs only travelling elsewhere from others.
A meeting of the Nicobar Pigeons along the way. They are the nicest because they know the evolution of things. Things come and go and new mentality gets adopted based on experience and the futility of running in circles on the same argument over and over. No one wins it all but they appreciate others trying in their efforts. It becomes entertaining for them to watch knowing they join in from time-to-time. A lesson from the bees perhaps on how to get honey. They speak of the Cassowary knowing that if respect is given you will get it in return. “But I wouldn’t be so sure” they say. They find those who are compatible with them just fine and are used to their own title knowing their history. They are completely happy and aware of the paths treaded before, selective in who can approach them.
The bees do their thing. They are of a completely different mentality knowing the order of structure and how to approach matters that are not easily talked about. They run a very tight ship to where they nurture in nature knowing they are very protective and very aware of the dangers of the world. Groomed they say. I’ve written about this before. The actions of species is fascinating to know that there are many falcons and many pigeons. They branch out in individuality knowing their own experience is personal and from a family history of adaptation. You can never refuse the stories of persecution knowing biologically they pass on and those memories exist longer than a life-time. The unwritten word is powerful enough to say that communication is important and written aspects are amazing, but biologically you will have to understand the bridging of the gap with “Bambi” and empathy of natural selection and learned behavior. Peace and understanding is had knowing we have adapted to what has been presented to us. “Find the flaw” and you have a major problem with hive mentality. I can only go back to my Catholic school upbringing to cite a perfect example of hive mentality let someone suffer on a cross for hours on end while some enjoyed it and some hated it not knowing what to do. It was those who had influence that decided that. (That is important.)
Continuing on knowing we jump out of order. A Jabberwock of approach. “You do not know what you cut down in your heroic journey of story-telling.” An internal thought.
I referred to the nest, but always understand adaptability. There are those watching that are protecting and those that are taking advantage. The Cuckoo… Beware getting “Cuckoo’led” They watch the nests and see where they can sneak in to in order to have others do the work for them raising their young while attacking your own. It becomes personal to them and something they were raised to believe was appropriate. The fostering of that behavior was built from the watched parental notion of “love having no bounds” regardless of what you look like. The cuckoo watches the clock and when it is time they repeat that behavior over and over and over and over again. It is developmental learned behavior where overtime the Cuckoo must have really branched out in their awareness of other bird’s patterns. There is danger in their approach. What is on their nightstand is awareness of what worked in renowned status where it is your choice to revere while others try to persevere in your actions. Psychologically I’d say yes the diary of Hitler is probably fascinating from a medical/psychological profile. So is the Diary of Anne Frank knowing thankfully her father survived and had discretion on certain chapters. Having that cited nightstand in publication tells you exactly what people of power do when citing their own parents on learned behavior and housing conditions. They will tear families apart and do it over and over again. Which one is more powerful knowing I still contend on Max and if an artist was allowed to express himself with acceptance you might not have had a World War. Culturally we need to take a lesson from birds who learned from one another. What enters your house is sacred and can be misconstrued if not learned from either side.
“Do birds ever mate with other avian species? The New York Times recently tackled this question, and I found the answer fascinating: about 10% of the 10,000 known bird species have mated with another species” (Caron, https://www.audubon.org/news/the-amazing-world-hybrid-birds May 29, 2013)
My protection of the nest is not misconstrued and I talk invasiveness as I jumped very far ahead in what is a proprietary copywritten analogy. The lesson jumped is “stay out of people’s nests and safe places!” If you are not having sexual intercourse with someone it is none of your business. It is hard enough to approach people and it gets harder knowing everyone is an instant swipe right or left. Discount in any regard instant. To attack sexuality is more intimate than pregnancy because it is the beginning stages of opening up in a world where you may or may not be accepted. Weaponize that vulnerability and I’ll leave it here in my 8th bullet point knowing you do not ever get that privilege of using that towards official capacity or in any employment decision or personal vendetta. Sexuality is sacred in any aspect of the term and expression. Birthed privately it grows to maybe someone else is there to understand you. Knowing playbooks and mentality, an attack on a minority of sexuality is fully aware of what attacks on minorities have done in the past with future education provided in the United States to both Asian culture and Latino decent. Regardless of anyone’s sexuality common or not, use that as a weapon in workplace or otherwise is a hate crime in some regards or the most amoral thing someone could do before going into sociopathic tendencies.
We are all learning and the world was opened up in the 1990s with the commercial aspect of the internet. As we all grow together nothing is more sacred than use revealing ourselves naked to one another physically or mentally. We evolve as we can knowing others are watching one way or the other.
The amazing aspect to this story is all of these birds know each other. It started out in their inner circle and grew as they branched out. They know who to stay away from and who has been trained and reconditioned along the way. They sing in proximity knowing distance is relative. The vultures in particular spent lifetimes of punishment eating of Prometheus before saying, “Nevermore” and vowing to eat only from the dead and when provided. They appreciate life and they appreciate what was passed down to them knowing that much suffering is not forgotten with the same lessons told over and over. The Pigeons leave a peace offering knowing “We understand”. Adaptability calls for change and that happens physically from experience of over time and environment. Never say you can’t do something…the bees work hard at proving that point with their degree of expertise knowing what has flown and what will not fly again. They slowly are going extinct knowing they are the ones that give oxygen to the world indirectly. When attacked they swarm while they can knowing survival is important knowing they are doing their part to calm a storm or search for answers.
We are all trying to fly. We all know each other or are familiar. When it comes to getting to know one another, in this regard if anything on either side is used in a workplace setting based on a dating app, that is universal in its message. Zero excuse.
The story of bees. We weren’t meant to fly. Often discounted, never to be again. We are a life support and that has been a hidden secret of at least my 21 years of being an official bee. We tell stories. We share them. As we go from plant to plant we keep your alive as much as we try to stay alive. Almost wiped out while others protect what they grow, it is always essential to have the bees ready knowing they can move their hives and try to adapt any way they can in this world. Keepers there for sure, but some of us were not born with stingers and others learned along the way who is and isn’t a friend.
When it comes to intimate moments, I am a friend and I never ever want to have to write this out again. You have seen me naked and I know that is a way of saying I accept being on that stage in that capacity knowing it is important for growth. Clipped wings that even the birds of cages know the answer to. Instinct is always memory. Once flown you never forget. Once fallen the same. All you can do is try to teach empathy is remember if you enter the bedroom game, you are going to lose that sociologically knowing things have changed the last 2000 years while thousands of years prior are still the same. Privacy is a right to everyone and when used corporately you have zero excuse to ever tackle someone without their permission. If you wanted sex, approach appropriately…otherwise zero reason to discriminate on the basis of sexuality in any regard.
I started my “Heroes+Villains” series with help from friends. A trash can lid and an idea. I was the first official entry in the series and it was birthed from my concepts and perspective. My Black Panther shoot was from a series of discussions prior and from meeting someone from the first time. Identity always a question in what is hidden behind masks. Those words my own written there knowing they speak in commonality of prejudice and quick judgement. I’m aware of what binds us and what others try to break apart. I was never a villain. If you wanted one I’ll gladly play one for a fee on a screen painted in my control of understanding knowing I speak for more from empathy than I ever will from divide. From my limited scope of never seeing the world completely, I’ve created my own that others have been welcomed or rejected into based on how we say “Hi”. The first image has never been printed by myself (the artist) and the second one is in safe keeping knowing we shared words and things borrowed.
I’ll remember that when you understand that you…