- Joined
- Jul 9, 2020
That's not how disparate impact is judged. You're talking about disparate treatment which is intentionally discriminating against somebody in a protected class. Disparate impact is not intentional. The problem is that once the disparate impact is demonstrated the onus is on you to prove that it's justified, which is much more difficult than you apparently think. Domino's did not intend to discriminate against black men and still lost the case. Current SC precedent essentially fabricated LGBT into a protected class. If a judge ignores that and finds for the company the company will just lose on appeal.The thing is that how could you prove in a court of law that banning bright dyed hair and beards would be specifically meant to preclude troons or whatever? Or how a company with a gay CEO (assuming I'm the one that's the president of it) would be anti-LGBT?
If you go back to what you had originally said about intentionally selecting against danger hairs and troons, I'm absolutely sure that discriminating against a subset of a class based on how you think members of the class should act would be found illegal. Price Waterhouse v. Hopkins controls that.
It doesn't matter if it's in a red state. Red states and small communities are more okay with danger hair than you think; it's practically 40s spinster formal wear. And banning beards wouldn't go over well with younger educated men in red states, many of whom have beards. I feel like your idea of red states is solidly 20 years out of date. Fucking Ted Cruz grew a beard.
It's easier to discriminate against politics, as has been mentioned, though you'd want to choose a city where that isn't a problem. Even small cities can be fucky about that. I also don't think it would be good; Republicans aren't necessarily smart, especially if they are the bulk of the population.
There are more problems with this than you think. Taxes in red states are often based on land and are pretty damn high. Operating costs in rural areas are high because you don't have nearby experts and the cities where people shop are far away. Local amenities are limited. Few people want to move there, most people are moving out. Straightforward consumer software might not have a problem with remote work but hardware and time critical applications would be hard or impossible. You wouldn't be able to do high tech stuff; the infrastructure isn't there.Taking a step back from the whole dress code subject, simply establishing a gaming company outside of the major metropolitan areas, even more so in a deep red state, would do a lot to cull the soy crowd. These people are attracted to large cities like flies to shit. And as the coof has shown us, software development is one of those fields where you can actually do a lot of work remotely, so you don't even have to worry that much about attracting talent to the ass-end of Montana or whatever. Get your local tax credits for starting a business there, bring in all the people who want to come in, remote everybody else. And since the job interviews would all be online to begin with, you're justified in trawling through their social media presence.
Last edited: