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Title VII — Transcript

by Andrew Johnson · 10,909 words · 1,638 segments · language en · Watch on YouTube

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0:02hey there welcome back so today we're
0:04going to talk about ethics and
0:07employment law and all sorts of cool
0:10stuff this gets in the news all the time
0:13um here's the question can your employer
0:16discriminate against
0:19you no can they discriminate against you
0:23most people say oh no your employer
0:26can't discriminate against
0:28you actually they can legally
0:32ethically they can discriminate against
0:35you no we can't
0:38discriminate
0:39sorry so let's take a
0:46look so as an as an
0:49employer can I fire you because you
0:51smoke
0:54cigarettes the answer is yes I can fire
0:58you I can say I'm not going to hire you
1:01I can say I'm going to fire you I can
1:04say I'm going to swab your mouth once a
1:08week and test you for tobacco products
1:13and if I find any tobacco products in
1:16your mouth or in your
1:18body then I can fire you because of that
1:21that's fireable offence smoking
1:24cigarettes tobacco anything like that
1:27what about alcohol what if you drink
1:29beer on the weekend
1:32can I fire you for drinking beer on the
1:37weekend yes I can right what if I don't
1:42like your
1:43shoelaces I say you know what those
1:46shoelaces aren't so good I want
1:48different types of
1:49shoelaces can I fire you for your
1:52shoelaces yes I
1:55can't I don't like your smell
2:00here stinky can I fire you because I
2:02don't like your
2:04smell yes I can can I fire you because
2:08or not hire you because you have
2:12tattoos yes I can so sometimes people
2:15say Andy what do you think of
2:20tattoos that's a toughy that's a
2:23toughy you
2:25see think about
2:28tattoos do tattoos
2:30improve your
2:32employability do they make you more
2:38money they depreciate you they make they
2:41make you less money well there's some
2:43jobs that you need a tattoo for well
2:45yeah there are some jobs that you can
2:46have a tattoo and that's totally
2:49fine can an employer decide not to hire
2:52you because you have
2:54tatos absolutely right how often do you
2:58hear where an employer
3:00says I'm going to hire you because you
3:02got that really cool
3:05tattoo they can but it's usually the
3:10other way around right are there certain
3:13occupations where tattoos are okay and
3:15there's certain occupations where you
3:17don't want it now here's a
3:21question if you're going for an
3:25occupation that says no tattoos or
3:28doesn't like to have tattoos tattoos do
3:31they usually pay more or less than
3:33occupations that say tattoos are okay
3:37yeah yeah so I'm not saying I'm not
3:39saying that I I don't like tattoos I
3:41don't have any but that doesn't mean
3:43that you can't have some nice
3:45tattoos but at the same time you have to
3:48think about what's GNA happen and yes
3:51they can discriminate against you
3:53because you're Tatu what about your hair
3:55well I don't have any hair right look at
3:57that
4:00can they discriminate against your
4:02hair well that's a tough one they can
4:05say usually people don't discriminate
4:07against your hair about not having hair
4:10but usually they might discriminate
4:11against somebody who has certain hair
4:13styles and so if you have
4:15dreads can they discriminate against you
4:19um that's a tough one there are certain
4:22times that they can and certain times
4:24they can't and it's change that's
4:27changing right right now that's actually
4:29going through the legal system so if
4:31you're wearing your hair because of your
4:33ethnicity a certain
4:35way that's going to be a lot tougher
4:37than if you than if somebody like me has
4:41one big dreadlock hanging down the front
4:43of my
4:44face I actually do have hair I just keep
4:46it cut short because it looks funny when
4:49I don't know to me it seems like people
4:51who are starting to lose their hair look
4:53better with less hair than I saw on
4:56television one this one guy grew it from
4:59his jaw and he wrapped it around his
5:01head and he always had a picture like
5:04this and he thought he was pretty smart
5:06and then the wind came up and he was a
5:08weatherman actually and the wind came up
5:10and blew and he had this big stream of
5:13yeah so what if he show up to work like
5:16can they discriminate against you
5:18absolutely I had an employee once who
5:20would never show up on time and I had to
5:22fire her my boss told me fire her so I
5:24had to fire so yes I can discriminate
5:28against employees
5:31but there's certain things I cannot
5:34discriminate against you I can't
5:37discriminate against you based on your
5:39race
5:40religion
5:42sex national origin or color right this
5:47is this law is called the Civil Rights
5:49Act of
5:511964 you will sometimes see it referred
5:53to as a Civil Rights Act of
5:561965 for some reason they can't figure
5:59out when they pass this law it's it you
6:03will see both references it is the same
6:05law it's the same everything I don't
6:07know right but it says you can't
6:10discriminate based on race religion sex
6:11national origin or color you say well
6:14isn't color AR aren't color and race the
6:16same thing no they're not first off you
6:20cannot tell somebody's Race by looking
6:23at them you can't right now you might
6:26get kind of an idea GE Geographic where
6:30their ancestors came from by looking
6:32that you cannot tell them cannot tell
6:35somebody's Race by looking at them he
6:38just can't my grandfather was a full
6:40blood swed he didn't learn how to speak
6:43English until he was like 10 right full
6:46blood sweet he had jet black
6:50hair dark olive skin and like gray
6:54yellow
6:55eyes if you thought if you saw him you
6:58would say
7:00that guy isn't Swedish because when you
7:02think of a Swede you think of somebody
7:03with blonde hair and blue eyes and yes I
7:05got the blue eyes right but you think of
7:08somebody blonde hair blue eyes and light
7:09skin he didn't fit any of those yet his
7:12whole family he you say well somebody
7:14came up there well maybe I don't know
7:16but you can't tell somebody's Race by
7:17looking at them people think that they
7:19can but they
7:21can't color but is it race and color
7:24aren't race and color the same thing no
7:27they're not for instance my brother
7:31has the same dad the same mom right by
7:37any definition we are the same
7:40race my brother was white no no no no
7:44not Caucasian white right you know the
7:47type of guy you walk down the street and
7:49you look at him you go that dude is
7:53white I mean he was so white he he would
7:56go out in the
7:57sun and he would turn red he only had
7:59two choices in life one just be white
8:03and one was be sunburnt red that was it
8:06I mean he was so white hair and blue
8:09eyes I mean he was just super white now
8:11if you look at me yes I've got the blue
8:14eyes but also I've got some I've got
8:16some color to me right I've got some
8:18color right so technically we were the
8:20same race but we were different
8:24colors now when this law was
8:27passed was passed by LBJ Lyndon Baines
8:31Johnson he's the the the champion of
8:33this thing remember I told you he's got
8:35to touch your lives in ways that you had
8:37no idea and this is one of them but when
8:39they passed it it was kind of a weird
8:42law
8:44because they said you can't discriminate
8:46based off race religion sex national
8:48origin or
8:49color actually you
8:53could but you couldn't discriminate
8:56against the majorities I'm sorry against
8:59the minorities in these groups for
9:02instance race what race am I most people
9:04say I'm white or Caucasian okay when
9:09they passed this law it was considered
9:11to be kind of not a very good law
9:13because it did not say how how the
9:17courts interpreted they didn't say oh
9:19you can't discriminate based on race you
9:21just can't discriminate against
9:22minorities based on
9:24race so if I said I'm not going to hire
9:27you because you're white I could get
9:29away with that but if I said I'm not
9:32going to hire you because you're
9:34black that was
9:38illegal that's the way the courts
9:41interpreted
9:43religion the dominant religion in 1965
9:46was of course Christianity and if I said
9:49I'm not going to hire you because you're
9:50a Christian that was okay I could do
9:53that but if I said I'm not going to hire
9:55you because you're Jewish or you're
9:57Muslim or you're Hindu or sik
10:00that was
10:04illegal gender this one gets really
10:07weird Okay gender so if I said to you
10:11I'm not going to hire you because you're
10:12a woman that was illegal but at the same
10:15time did men have problems did white
10:17Christian men have problems getting jobs
10:19in the early in the mid 60s no
10:23but the court said they didn't get any
10:26protection under this what about if I
10:29tell you my gender orientation my gender
10:32identity I want to tell you if I'm
10:36lgbtq Plus+ plus the reason I say plus
10:39plus plus is there's all these other
10:41pluses and additions I wish there was
10:44were a single word for this it would
10:46just make make it a lot easier for most
10:49people to have to remember all the
10:50letters and then there's a bunch of
10:52other non-binary things that go on there
10:56but could they used to call it sexual
11:00identity or sexual preference or Choice
11:03wait wait a second being gay or not is
11:06not a choice it's not you don't wake up
11:09and say hey you know what I'd like to
11:11try this this is what I want to do
11:13you're born that way I mean you just
11:15it's not a preference it's not you don't
11:18have a choice in
11:20it okay so um originally I could say no
11:25I'm not GNA hire you because you're a
11:26man but I couldn't say because you're a
11:28woman but I could say hey you're a gay
11:30I'm not going to hire gay
11:32people that was legal in fact that was
11:36legal until just
11:39recently except in state of Washington
11:42Washington's state law says that gender
11:45is a gender identity if you're lgbtq
11:48Plus+
11:49plus that is a protected class but it
11:52wasn't in Texas so in Texas if they said
11:55we I'm not going to fire you because you
11:56were homosexual they could do that but
11:59but just recently the Supreme Court said
12:03no actually title 7 they meant to
12:07include sexual gender identity and stuff
12:12but shortly before that there was a
12:14famous
12:17case let's look at this famous
12:22case okay no thanks there you go okay
12:27there was a the juror jury awarded $19
12:32million to a St Louis County Police
12:35Sergeant so he's cop they gave him $19
12:38million because they said hey dude you
12:41are too
12:42gay $19
12:45million that's a lot of money right so
12:49Supreme Court has said gender
12:54identity
12:56lgbtq being a boy or a girl is now a
13:00protected
13:01class oh okay okay okay okay uh so these
13:06are the these are groups a protected
13:08class is a group of people who are
13:11protected under the law from
13:14discrimination now when they first made
13:16out the the the the law the courts
13:18interpreted and it wasn't really a good
13:21law it was considered to be a pretty bad
13:23law actually because the way the courts
13:25said they said oh it only protects min
13:30minorities and they said well
13:32actually it shouldn't just protect
13:35minorities so it so race Caucasian or
13:39white now is
13:42protected here's a question do Caucasian
13:44white people need as much protection as
13:46other groups of people no and they don't
13:48get it there is a difference it's small
13:51but there is a difference
13:53religion religion is now a is a
13:56protected class are Christians protected
13:58under title seven yes I can't fire you
14:01because I say that you're a Christian
14:03but how often do Christians face
14:05discrimination compared to other
14:07religious groups not as much so
14:10therefore they don't get as much
14:13protection okay sex gender okay I'm a
14:18guy can they discriminate against me
14:20because I'm a guy no they can't
14:24but who faces discrimination more guys
14:28or girls or women women do so if
14:31somebody says I'm not going to hire you
14:33or I'm going to fire you because you're
14:34a male that's
14:38illegal but what I don't I do not get as
14:42much protection as a woman but do I need
14:44as much protection as a woman no so
14:46originally it was considered to be kind
14:48of a bad law the way the courts
14:49interpreted it but they didn't enforce
14:52it so I could say you know what I'm not
14:54going to hire any Asian people and they
14:57said well you can't do that I go Noe I'm
15:01not going to hire any Asian people they
15:03said well are you sure you don't want to
15:04try and so nope I'm not going to and
15:06they said would you at least think about
15:08hiring Asian people I said no I'm not
15:11GNA even think about it they said would
15:13you at least think about thinking about
15:16hiring Asian
15:17person I say yeah I'll think about
15:20thinking it but I'm never gonna do it
15:22okay as long as you're thinking about
15:24thinking about it thinking about it
15:25that's okay so it was a bad law it
15:28wasn't forced it didn't have any
15:32teeth now it's considered to be a very
15:36good law and it is enforced big time
15:41right so if you get caught breaking this
15:44law they spank you very hard right now
15:47are there workarounds do people face
15:49discrimination based off a race religion
15:51sex national origin and color all the
15:52time yes right but it's got some teeth
15:57and asked this little company called
15:59Denny's so everybody's been to a Denny's
16:02a Denny's diner right go to Denny's
16:05right Denny's is a fun place to go on a
16:07Friday night or Saturday night
16:09especially
16:10later because you see lots of drunks at
16:14Denny's that's what lot drunk people
16:16love to go to Denny's and get their
16:18grand slam stuff and wo have a good time
16:21so if you've never seen a drunk person
16:23being silly in person go to Denny's late
16:25at night you see them but Denny's had
16:28troubles with something called dine and
16:31dash eat and
16:34run so management at
16:37Denny's decided so that's where you
16:39don't pay for your bill right so
16:41management at Denny says you know
16:43what we think people who are nonwhite
16:48are more likely to dine and
16:51dash so we're going to make them prepay
16:54their
16:55meal first off it's wrong that totally
16:59big mistake white people D and dash more
17:02than any other race of people not
17:05because white people like to D and dash
17:07it's just there's more of them there's
17:08more of us right so how can you say
17:13oh that that's totally silly right so
17:17they said okay we're gonna make people
17:19who are
17:20brown prepay their
17:24meals is that
17:26illegal yes that is super illegal so a
17:31group of Secret Service agents Secret
17:34Service are the dudes that protect the
17:36United States they're like super cops
17:39they're like there's what cops can do
17:41and what everybody else detectives and
17:43all this sh they're like the top of the
17:45super cops they could do pretty much
17:47anything right by the way most uh most
17:50of these guys have law degrees they're
17:52they're like you don't want to mess with
17:55with Secret Service agents right they're
17:57very professional they're at the top so
17:59a group of Secret Service agents decided
18:01to go to Denny's for
18:04lunch and the server said you you you
18:11need to prepay your
18:13lunch and then they said why do we have
18:16to prepay when our friends here don't
18:18have to pay and they said because you're
18:22Brown
18:23oops bad day real bad day let's see what
18:28happens
18:31happened Denny's restaurant paid
18:3554 Million
18:39Dollar on this one
18:43case wow well first wasn't the best law
18:47it's poorly defined wasn't enforced now
18:51it's a good law and they spank you very
18:53very hard so Denny's said this can't
18:56happen again if this happens again we
19:00will go bankrupt we will go
19:03away so Denny's put every employee
19:07through training on title 7 and what
19:08they can do and what they can't do they
19:12also remodeled every single Denny's
19:16across the United States now Denny's
19:17they're everywhere they're like
19:18McDonald's but right they're
19:22everywhere this one lawsuit cost them
19:25more than it cost them to remodel every
19:28single store for across the country and
19:30train every employee that's how big it
19:34was
19:35wow wow wow so now it's got some
19:39teeth here's a
19:42question how do you treat an employee
19:45comes in one day with the sex change so
19:48let's say for instance tomorrow I show
19:51up as
19:54Andrea y I'm in women's clothes doing
19:57all that stuff I show him as
20:00Andrea how do you treat
20:04me that's a tough one isn't
20:08it that's a tough one right huh we'll
20:11see how they do that there's actually an
20:13answer it's actually a real easy
20:15answer so then so these five the five
20:19race religion sex natural origin and
20:20color are the five protected classes
20:23under title
20:24seven right a class is a group of people
20:29so could your employer fire you because
20:32you took Andy Johnson's business
20:35101 yes they can because business 101 is
20:40not a protected
20:43class yeah so what if you have a tattoo
20:46is tattoos a protected
20:49class no it's not now could you make an
20:53argument that it could be based off of
20:56national origin so maybe you come from a
20:58country country that uh people have
21:01tattoos are part of their culture and
21:03you've got some tattoos and that they
21:05don't want to hire you could you make
21:06that argument you could but you probably
21:09wouldn't be successful because tattoos
21:11are not a protected
21:13class okay so then they added protected
21:16classes they said okay let's have some
21:18more protected
21:19classes next one is
21:21age most people think old people are
21:24protected they're
21:25not only people who are over 40
21:30am I
21:31old
21:33careful yes I'm old under this
21:35definition I'm over 40 years old some
21:39states have a little have a lower
21:41threshold but that's because older
21:43people do have troubles finding jobs
21:45compared to younger people now what if I
21:48say to I say okay I'm gonna get around
21:50this one I'm gonna fire somebody at age
21:5539 state of Washington it's 40
21:59can I fire somebody at age 39 for being
22:01too
22:02old the answer is yes in Most states I
22:06can't it's a dumb idea bad bad bad but I
22:12could so they're gonna sue me and I'll
22:15get on the stand and they say why'd you
22:16fire this person Go 39 years
22:19old I don't like anybody over 39 in my
22:23company and I can do that legally they
22:25go she can have you ever fired somebody
22:27anybody else because they're too
22:29yeah I have who what were their names
22:33Becky Elizabeth Nancy
22:37ger what wa what wait a second did you
22:41just notice something those were all
22:43women's names and aren't women a
22:46protected
22:48class yeah and then you get spanked
22:50really really hard right also you can
22:54discriminate against people if they're
22:55like really old right for instance
23:00uh do you want to fly on
23:02a jet airliner with somebody who's 85
23:06years old driving the airplane you want
23:07an 85y old
23:10pilot you want an 85y old cop walking
23:14the
23:15beat right so in most situations 65 is
23:21where your protection kind of
23:23stops right but here's a question can I
23:27teach this class at age
23:3065 well sure why couldn't you be a
23:33business teacher at a community college
23:35at age 65 so I could so could they fire
23:38me because I'm 70 years old and they say
23:41you're too old to be a
23:43teacher no they couldn't they couldn't
23:46so it it kind of it depends on the you
23:48ever notic how old your teachers are get
23:51these old teacher these people get them
23:53you think they're going to break they're
23:55so old yep because you can still teach
23:58being pretty darn
24:01old the next protected class is
24:06disabilities disabilities and it's
24:08called The Americans with Disabilities
24:10Act so you have title 7 Civil Rights Act
24:13in 1965 and it's got five protected
24:16classes they added one so that's age so
24:18now you have six protected classes then
24:20they added another one for
24:22Disabilities seven protected classes
24:25okay it's called the American with
24:26Disabilities Act it says the basic
24:28you cannot discriminate from an employee
24:31employee if they can perform the basic
24:33duties of their
24:35job with a reasonable
24:38accommodation so for
24:40instance I'm a a veteran I was actually
24:44injured in the Gulf War the first Gulf
24:47War I was injured in the and I'm a
24:49disabled Federate and I had the best
24:52disability story you will ever hear in
24:54your entire life so golf war starts they
24:57said and you're going to Saudi Arabia to
25:00the desert I said yes sir okay I'll go
25:03do that they go I said but you know what
25:05I haven't had vacation forever and if I
25:08don't use up my vacation I lose
25:10it so can I have a little vacation they
25:13said sure take two weeks of vacation
25:16then you're going to the desert I said
25:18okay that's fair I signed up I'm active
25:20duty in the Air Force I knew that that
25:23was a possibility so I decided to go
25:25snow ski because it's like the opposite
25:27of the hot
25:29desert so I go snow SK when I go snow
25:31ske I hurt my shoulder right I hurt my
25:35shoulder badly actually i' had two
25:37surgeries on this shoulder right and it
25:41it looks like it's normal but if I
25:43extend my arm very much it pulls out
25:46right it goes in it goes out it goes in
25:49it goes it's like not like dislocating
25:51so people said I dislocate my shoulder
25:53there's no shoulder there they ripped
25:56all that stuff out when they did the
25:57surgeries then what hold your arm on
26:00Andy muscles yeah so I have muscles
26:03right so if I hold my muscles in tight I
26:06can do pretty much anything but if I
26:08have to go and reach to pick up
26:09something with my arm extended like this
26:11I pretty much can't do it so let's
26:14pretend that I want to be a baseball
26:17player a pitcher because they do all the
26:20fun stuff everybody else just kind of
26:21stand around right so I want to be a
26:23pitcher right there's a famous pitcher
26:25named Randy Johnson so here comes Andy
26:29Johnson I want to be a pitcher right now
26:32what does a pitcher
26:34do pitchers throw the ball I can throw
26:38the ball I'm very right-handed if I
26:40throw the ball once it's GNA be a bad
26:42day right I'm gonna have that I can
26:44throw left-handed sure but it's gonna
26:47that way I'm I'm really right-handed
26:49right so pitchers throw the ball I can
26:52throw the ball even with my left hand I
26:53can throw it doesn't go where it should
26:55but I can throw it what else did they do
26:58they catch the ball I can catch a ball
27:00and they spit I can
27:03spit so they they say can you perform
27:06the jobs with a reasonable accommodation
27:08I'm goingon to say sure all you need to
27:10do see if I keep my elbow and tight I'm
27:13actually pretty strong this way because
27:14I do all these exercises for these
27:16muscles so I'm pretty strong so what
27:18they need to do is raise the pitch Mound
27:20just for me also take the pictur mound
27:24and bring it closer to home
27:27base is that
27:29reasonable the answer is no that's not
27:33reasonable so they'll say can you
27:34perform the basic duties of the job with
27:36reasonable accommodation I'm gonna say
27:38only if you move the pictures bound they
27:39say that's not reasonable so they can
27:41discriminate against me now can Bia
27:44College discriminate against me because
27:46I have a bad
27:49shoulder no they
27:54can't reasonable accommodations
27:59so what's a reasonable
28:01combination it the the thing is there's
28:04no definition of reasonable if you ever
28:06had heard reasonable people do really
28:08weird things sure you reasonable
28:11combinations but I do know some things I
28:13know that the larger the company is the
28:16more accommodations they can
28:19make okay okay so um I had this uh my
28:24ex-sister-in-law she was born with she
28:28she grew up in Vietnam during the
28:30Vietnam war and one of the problems with
28:32Wars is you don't always get all the
28:34vaccines you get all these antivaxer
28:36people weird and they're nuts those she
28:39didn't get the vaccine for
28:44polio yeah so she got polio during the
28:48Vietnam war now polio is pretty wicked
28:51stuff and the vaccine is like
28:53bulletproof it worked really really well
28:55but she didn't get the vaccine so she
28:57got it and it caused her to be paralyzed
28:59with her legs so she's never taken a
29:02step in her entire life she's can't
29:05walk so she's growing up in
29:08Vietnam and I didn't know this until I
29:10met her but you know the reason your
29:11arms are straight and your legs are
29:15straight is because the muscles in your
29:18arms and
29:19legs cause the bones to grow
29:23straight and if the muscles don't work
29:26your bones start to twirl around and
29:28become a
29:29pretzel that's just how we are now her
29:32muscles and her legs have pretty much
29:34never worked think she got polio she's
29:36like two but they never worked right so
29:41her legs started to grow like a pretzel
29:44right all sorts of weird stuff so they
29:46would take her to the hospital they take
29:49her bre her legs they would they put her
29:52under anesthesia of course but they
29:54would take her legs and break them and
29:56then they set them in a c
29:59cast right and then the the bones would
30:02knit and then they take off the cast and
30:05if you years later her legs would start
30:07to curl around again so they knock her
30:10out again break her legs put it on a
30:14cast and they repeated this process many
30:18many many times okay so she grew up in a
30:23hospital I mean she was in the hospital
30:25a
30:26lot so so she after she would she was
30:30going to college she decided she wanted
30:32to be an occupational
30:34therapist occupational therapist is
30:36somebody who helps you if you've had
30:38like serious life injuries so if you get
30:41a car accident and you part of your
30:43brain dies they help you learn how to
30:46function with the rest of your brain
30:48right or if you're you're paralyzed from
30:51the bottom down they help you to learn
30:53to function to do life activities
30:56without the use of your legs so she
30:58wanted to do this the school that she
31:00applied to
31:02said you are disabled I said yeah that's
31:07pretty obvious I'm in a wheelchair got C
31:10I mean I've never taken a step in my
31:12life of course I'm disabled this but the
31:14problem
31:14is you can't
31:18walk so you're going to as an
31:20occupational therapist you're going to
31:22have to teach people how to walk you've
31:26never walked how can you teach somebody
31:29else how to
31:30walk well first off that's a really
31:33silly silly question just because you
31:36can't do something does that mean that
31:38you can't teach people to do
31:40that no not really really how many times
31:43you seen an old basketball coach telling
31:46his basketball players do a jump up spin
31:49slam dunk behind your head on this guy
31:52and we'll win the game and there's no
31:53way that dude could ever do
31:55that so you can't that a a really wimpy
31:59answer right so they said also when you
32:01learn to when people learn how to talk
32:03to walk again they fall and they fall
32:06down and you have to pick them up and so
32:10you can't pick people up because you
32:11can't walk anyway so you can't get in
32:14the school so she she took them to the
32:17California state supreme court and this
32:19California state supreme court
32:21said what would be a reasonable
32:24accommodation for her they said nothing
32:26can't she she she's just she can't do it
32:29she's trash right well think about
32:33that what reasonable accommodation could
32:36they make for first off they could give
32:37her a people pick her uper and have her
32:40work with somebody else right that would
32:43be it right or but they actually ended
32:45up making a really good accommodation
32:48for her is they focused all of her stuff
32:51on arms and hands she only does stuff
32:54from the B from the uh from the belly
32:56button up
32:58right so she's focused all on hands now
33:01think about this for a
33:04second she's only doing arms and hands
33:07she has never walked a step in her life
33:11do you think she can do some stuff with
33:13her arms and hands that most people
33:15would never even think
33:18about yeah yeah so she could do all
33:22sorts of stuff that most people would
33:23never even think about now she's an
33:26amazing person uh they did a PBS
33:29document document documentary on her and
33:33they showed her flying on in inside a
33:36helicopter into the woods they threw a
33:39rope out the helicopter they threw down
33:41her sleeping bag and some supplies she
33:44repels down the
33:46rope and then when she gets to the
33:48bottom of the Rope the helicopter flies
33:50off and leaves her there and they had a
33:51bunch of cameras watching and she stayed
33:53a week in the Woods by herself without
33:57any useful she put up her own tent she
34:00cooked she did all sorts of stuff now I
34:04bet very few people watching this video
34:08can say that they've repelled out of a
34:10helicopter and live by themselves in the
34:12woods without the use of their
34:15legs she's amazing she goes snow ski how
34:19do you snow ski without legs actually
34:21pretty easy she's they get her give her
34:24a little cart with skids on the bottom
34:26and she's got two poles and she goes
34:27straight down Blue Diamond slopes so now
34:30think about it this
34:31way you're injured you're never going to
34:35walk again and I come in I say hi I'm
34:38your occupational therapist don't worry
34:41you can have a great life even though
34:44you'll never walk
34:45again and you're saying to yourself dude
34:49you just walked in here shut up you have
34:51no idea what my life is going to be
34:54like which is true like I can't I never
34:58can understand what it's like to be
34:59paralyzed unless I become paralyzed
35:01right now imagine she rolls in on her
35:06wheelchair and she says dude you're
35:09gonna have a great life there's a lot of
35:12stuff you can do that you'd be amazed
35:14that you can do really like what well
35:17here's a video of me camping in the
35:19Woods by myself here's a video of me
35:22skiing here's a video of me traveling
35:24the country going on Safari here's a
35:26video of me in your Lu one
35:29wow who would you rather have as an
35:32occupational therapy therapist me or
35:35exister
35:36law I'd rather have exus here's what is
35:39interesting so she gets all these Awards
35:41because she comes up with stuff that
35:43nobody has she gets the hard cases they
35:46fly people from all over the world to
35:50her she's considered one of the top
35:52people in her
35:55field do you just hear that other
35:58words being
36:01disabled helps her company make
36:05more
36:08money how cool is that right they found
36:11out the companies that Embrace
36:15diversity make more money no they don't
36:21yes they do for instance BBY College
36:25most of your teachers look like this
36:28they're white right what if you're a
36:32black person and all your teachers are
36:34white does that make life a little bit
36:36more difficult to you so think of that
36:38this way if you're a black person or
36:40Hispanic person or Asian person and all
36:43your teachers are white male is that GNA
36:47kind of weird you would you want to go
36:48to that
36:49school if I'm a white male you
36:53really I don't think so you want to have
36:56a broad experience you want to hear
36:59other sides of the point if you don't
37:01want to then just watch Fox News and you
37:03get all the ideas that you want on One
37:05Direction right but if you want to hear
37:07more than one direction you got to
37:09change the channels a little bit don't
37:10you now maybe you want to watch Fox News
37:12and get their ideas that's fine but you
37:14should that be your only source of
37:17information probably not right so I've
37:21got this friend is very very successful
37:23he loves hiring different cultures you
37:26go to his house it's like United Nations
37:29there because he throws parties all the
37:30time it's like United Nations and say
37:32why do you have all these different
37:33groups of people he says see
37:35her she speaks
37:38Chinese so when I get client whose
37:41English isn't so hot and I have to
37:43explain Insurance to them which is kind
37:46of weird
37:48anyway I just say hey would you rather
37:50hear it from me or would you rather hear
37:51it from my assistant and they go oh yeah
37:54so then you get somebody calls up to
37:55speak Spanish he goes no no ABA but I
37:59have an employee who does you get
38:02somebody who who speaks Vietnamese oh we
38:05got somebody here let me transfer you
38:07think about that so if you speak
38:08Vietnamese and your English isn't so hot
38:11and you're trying to find an insurance
38:13agent wouldn't you rather have one that
38:15speaks the language companies that
38:18Embrace diversity make more money I'll
38:20prove it to you here I'll prove it to
38:22you people say no they don't yes to
38:24do then they added another protected
38:28class and that's serious
38:31illness so if you have a serious illness
38:34that is protected under title seven I'm
38:37sorry under the Family Medical Leave Act
38:40Now The Family Medical Leave Act is the
38:42only protected class that you actually
38:45have to know the name of the law to get
38:50protection so I don't have to go to my
38:52boss and say Hey you know I'm disabled
38:54with my shoulder I don't have to do that
38:56I get that automatically I don't have to
38:58go to my boss and say hey I'm a dude
39:00right I'm protected I don't have to do
39:02that but the Family Medical Leave Act is
39:04the only one where you have to tell your
39:07employee and you don't say under the
39:09Family Medical Leave Act I demand that I
39:11get prot no but you need to say
39:13something I like does this under the
39:15family need
39:17something
39:19rather then you get
39:21protection but you don't so it's only
39:23serious illness is the flu a serious
39:26illness
39:29can you die from the
39:30flu yep Co is a version of flu
39:35yeah but the family medical Evac
39:39specifically States the flu does not
39:41count now does it count with Co I don't
39:44know I haven't seen any Court decisions
39:46on that it takes the courts a while to
39:48figure that stuff out but almost
39:50everything else is a is every major
39:54illness so if you get the flu and that
39:55turns into pneumonia monia is a
39:58protective class and then you're fine so
40:03um what what about about
40:06alcoholism is
40:08alcoholism an
40:10illness so I come class
40:17today and I said hey today we're going
40:19to talk
40:23about family
40:25act and
40:28yeah PR cool it's cool
40:33cool can they fire
40:38me because it's an illness it's a
40:40serious illness can they fire me
40:43yes they can fire me because I'm
40:47drunk but what if I call into my boss I
40:51say hey
40:55boss I started drinking yesterday I
40:58never
40:59stopped I've been drinking all day
41:01because you know what you can't tell
41:04people you've been drinking all day
41:05unless you start first thing in the
41:10morning and I'm drunk and I think I need
41:13to go get checked into a rehab and get
41:16fixed can they fire me no that's a
41:20serious
41:22illness and you're protected right
41:25there's also a ser ious illness that
41:28about half the people watching this
41:30video will
41:31get some of you will get it multiple
41:34times in your life so there's a serious
41:38serious illness that about half the
41:39people are going to get multiple times
41:41in their
41:42lives and that illness is called
41:46pregnancy yes pregnancy is considered an
41:50illness under the Family Medical Leave
41:52Act which is kind of weird that this
41:54illness but it kind of makes sense right
41:56so youry employer can't fire you or not
41:58hire you or do anything if you show up
42:02pregnant in fact they have to give you
42:04your 12 weeks of leave so in the state
42:08of Washington if you have paid sick
42:10leave they have to give you your 12
42:12weeks of paid sick Lea if you only have
42:14like 10 weeks of paid sick Lea you get
42:1710 and then two weeks of non-paid but it
42:21doesn't harm you they can't say oh you
42:23weren't here you didn't get this it
42:25can't have any negative repercussions
42:27now some states you get 12 weeks all
42:30paid like in California you do okay so I
42:34had a student in one of my classes once
42:35he says that's not fair I said it's not
42:40fair say no that's not fair I said to
42:46him why isn't that fair he says because
42:49I'm a dude and dudes can't get pregnant
42:52he really said this I'm
42:55going okay
42:59so you are absolutely correct you are a
43:03dude and dudes can't get
43:07pregnant but it's a very fair because it
43:11says this wonderful word in there
43:15family family medical leave it so if a
43:19family member gets seriously ill like
43:22pregnancy is considered serious dness
43:24you get to take time off
43:28to take care of your
43:30family oh I do yes you do so got some
43:34friends who tease me all the time they
43:37say how come you never teach
43:39anymore well a few years ago I had a
43:44daughter so I got my 12 weeks off for
43:48having my daughter that that's basically
43:50one quarter also I'm a teacher and
43:52teachers have a contract in the with the
43:54Union that says that we get
43:57double time if it's for having a kid so
44:01I got two quarters off plus I got off
44:05for summer because teachers don't teach
44:08during summer so I got three quarters
44:10off I got my full
44:12pay three years later I had my
44:16son yeah oh and I forgot to mention I
44:20went on sabatical for a year there too
44:22so I mean it's just like this is a great
44:24it's a it's a it's a great great deal
44:27okay so Family Medical Leave Act it says
44:29that you're protected from serious
44:31illnesses now you have to tell your
44:33employer that you want protection under
44:36the family medical leave act so uh but
44:39your employee doesn't know what they're
44:41doing so you go to your boss and say hey
44:44this might be covered under Family
44:45Medical Leave Act something and they
44:47will refer you to HR and the boss does
44:50not want to know about it all the boss
44:53knows is they are they they get the
44:55protection or they don't
44:57so I had an employee who was a heroin
45:02addict she was my boss said fire her
45:08because she was always late she was a
45:10great
45:10employee but she was always late said
45:12fire her so I like going great well she
45:16figured out that was happening then I
45:18get a call from HR saying she's taking
45:2112 weeks of paid time off for family
45:25medical leave I never knew knew why she
45:28was taking it now I did know cuz her
45:30brother also worked at the company and
45:32he was a good friend of mine and he told
45:33me what was going on but they never told
45:35me nobody her brother told me otherwise
45:38nobody in the office even knew that she
45:40was doing that now if she comes back
45:42after 12 weeks and I fire
45:46her doesn't it look like I fired her
45:48because of her
45:50illness yeah my boss says fire her now I
45:53go can't right she's Bulletproof for
45:57about another year and she was right so
46:00we talked to HR and they said you do not
46:03want to fire this person right because
46:05it looks like I'm retaliating doesn't
46:07it
46:08[Music]
46:12yeah
46:14so let's have more fun let's pretend
46:18that I want to be I want to work at
46:21Hooters I want to be a server at
46:25Hooters you say ho Hooters what's
46:27Hooters Hooters is what's called a
46:31breastaurant I'm not making this one up
46:34called a breaston so I just Googled
46:36Hooters right and just to give you an
46:38idea because I know we have some
46:39International students here who may not
46:41know what Hooters
46:43is so I just Googled Hooters and hit
46:46images and you
46:48see what why they call it a a restaurant
46:53okay so let's pretend
46:57I want to be a server at
47:03Hooters can they say
47:10no can they say
47:13no now this gets kind of interesting
47:15doesn't it can they say no to me said
47:19well yeah why would they say no to me
47:22because you're an old dude with no hair
47:25hey wait wait you just said old you just
47:28said dude and they might if they hear
47:31maybe they could do something with
47:32that but you're discriminating against
47:35me against title 7 and The Age
47:37Discrimination
47:39Act they say well you don't have the
47:41skills necessary to work at hoo I don't
47:44have the skills no you don't have the
47:46skills necessary to work at HS okay what
47:48are the skills necessary to work at ho
47:51well first off you got to wear that
47:53uniform
47:57right got to wear a tank top and short
48:02shorts oh I can wear a tank top and
48:04short
48:05shorts you I just ruined your whole
48:08weekend didn't I because now you're
48:09thinking Andy tank top
48:13short I can right what else does a what
48:17else does a Hooter server have to do
48:19well they flirt oh I can
48:23flirt you know what I'm talking about I
48:25know how to flirt
48:28does Hooters have to consider me for
48:34employment
48:36wow
48:38wow thank goodness the answer is no they
48:42don't because you get something called a
48:46Bonafide occupational
48:49qualification a bonafied occupational
48:52qualification is an quality or attribute
48:57of an
48:58employee that they consider in their
49:02hiring for
49:04instance why do people go to Hooters to
49:07eat chicken wings and expensive beer no
49:10no no no no that's not why people go to
49:11Hooters maybe they have nice chicken
49:13wings they do I like their chicken wings
49:15there's like a thousand calories in each
49:17one of those chicken wings but they're
49:18sure good right
49:21so I'm going to go to work I why do I go
49:24to Hooters it's not to eat the food I go
49:27there to eat the food you go there to
49:29eat that's not the reason you go why do
49:31you go to
49:33Hooters because it's a restaurant you go
49:36there to look at the pretty
49:38girls that's what you
49:41do am I a pretty
49:44girl nope I'm not a pretty girl right no
49:48matter how you look at it I'm not a
49:50pretty girl right people go there and so
49:53Hooters can say
49:55oh people come here just to look at the
49:58pretty girls you're not a pretty girl so
50:02we're not going to hire you and that's a
50:03Bonafide occupational
50:06qualification okay for instance do you
50:08want an airplane pilot who is 90 years
50:12old not really because when you're 90
50:15years old you don't know what's going to
50:16happen compared to somebody who's 35 I
50:19mean you just don't right so they can
50:23say no I'm not gonna what about if you
50:27have a church a Baptist church and they
50:30need to get a new
50:32pastor and somebody applies who's Jewish
50:36now this Jewish person has studied Jesus
50:40studied the Bible has written numerous
50:41books they expert on Christianity they
50:44just don't happen to believe
50:48it do you have to consider their for
50:51employment the answer is no that's not
50:54that's that's a Bonafide occupational
50:56qualification now you have to be careful
50:58because you're playing with fire when
51:00you use bonide you can use it but you
51:01got to be real careful what if I want to
51:03be the um the cook at Hooters do you go
51:07to Hooters to look at the cook no what
51:10about the manager what about the
51:12accountant I could do that could I be a
51:15janitor at a church that I don't agree
51:18with with their religion sure so you got
51:21to be real real careful there's also one
51:25exception to bonified occupation race
51:28can never be a Bonafide occupational
51:32qualification can never okay so there's
51:35a famous case where there was a magazine
51:37called Jet
51:39Magazine Jet Magazine is a magazine for
51:42and by black people black
51:44African-American
51:46people so Jet Magazine this guy applied
51:51who was not black and said I'd like to
51:53sell ads for you guys they said nope
51:56magazines for black people by black
51:58people you're not a black person we're
51:59not going to hire you the Supreme Court
52:02said race can never be a bonafied
52:06occupational
52:08qualification first off can you tell
52:10somebody's Race by looking at them nope
52:13but it race can never be a Bonafide
52:15occupation
52:17clation okay
52:19now people get these are good laws these
52:23are very good laws but are there
52:25workarounds to people face
52:27discrimination based off a race religion
52:28sex national origin Color age disability
52:31and illness all the
52:33time yes they do it's not a perfect lot
52:37it's pretty good thank you Lyndon Baines
52:41Johnson
52:43but if you think that you face
52:46discrimination based on a protected
52:47class and your textbook lists a whole
52:48bunch more protected classes you I don't
52:51care for for this class if you know
52:52about them you might want to read them
52:55but if you face discrimination
52:57you have two
52:59choices one choice is you can hire a
53:01lawyer and sue the company
53:04directly can be very expensive right and
53:09but you have that
53:10option the other option is kind of like
53:14antitrust you can go to the EEOC that
53:17stands for equal
53:20employment opportunity
53:23commission they also work closely with
53:26like the Washington State Human Rights
53:28Association they're the same there it's
53:30just like a local branch like the SBA
53:32versus sbdc is same
53:35thing Washington Human Rights Commission
53:38sorry so if you have if you work for the
53:41federal government you call EEOC
53:43complaint if you work for the state
53:45government it goes for the Washington
53:47State Human Rights Commission and they
53:49will do an
53:52investigation if they think that you
53:57face discrimination and you can prove it
54:01and that they will
54:03win they will represent you for
54:05free and they give you all the money all
54:09the
54:10proceeds who that's pretty cool H it's
54:14not as good number one they are
54:18very
54:21slow and it can take months and years to
54:25get this thing going and if you're
54:27facing discrimination months and years
54:28it might not be worth it right that's
54:31one thing to consider also they only
54:33represent you if you can document it and
54:35they're pretty sure you're gonna win can
54:38you face discrimination and not be able
54:40to document it oh yeah that happens all
54:43the time and maybe you have it
54:45documented but they're not sure they're
54:46going to win they go uh and so they look
54:48at it so it takes them two or three
54:50months they look at it they finally give
54:51send you what's called a right to sue
54:53letter which basically says get your own
54:55lawyer and then you have to go down that
54:57ramp hole so but those are two choices
55:00that you
55:03have okay so there's another thing
55:05called affirmative action most people
55:07don't understand affirmative
55:09action most people in fact we had had
55:13some presidential debates a number of
55:15years ago between Al Gore and George
55:18Bush Jr and they asked the the moderator
55:21says what do you think of affirmative
55:23action and they both said the exact same
55:26thing thing now Democrats and
55:27Republicans both said the same thing and
55:29they were both wrong they both said I'm
55:32against hiring people because of their
55:36race so I'm against affirmative action
55:38we both said that shouldn't have to hire
55:40somebody because of their race wait a
55:41second wait stop for a
55:44second if you hire or don't hire
55:48somebody based on their
55:51race what law did you just
55:54break title
55:58seven
56:00oh affirmative action is a set of goals
56:03and it says you need to have your
56:06Workforce look like your
56:08community if 5% of your community is
56:12Japanese then your goal should be 5% of
56:15your Workforce to be Japanese but
56:18there's a problem with this or certain
56:20groups of people more likely to get into
56:24certain occupations based on
56:27ethnicity sure so let's say for instance
56:30you are
56:32Jewish
56:33and uh you let's
56:36say's you're not Jewish let's say 20% of
56:39your population is Jewish in your local
56:41area 20% of's population and you run a
56:44meat packing plant focusing on pigs
56:48basically you make sausage and
56:51bacon what's the possibility you're
56:53going to have a lot a 20% Jewish
56:57population in your Workforce like zero
57:01because pigs go against the tradition in
57:05the Jewish tradition right right so then
57:08so what happens is you said you should
57:09try right but you don't just say oh I'm
57:12G to hire more Jewish people because
57:14that's illegal you just broke title
57:16seven so what you do is they they say
57:18what are you doing to fix this and you
57:20say I don't know what to do they won't
57:23work in our store say
57:25well you got a job opening up for an
57:27accountant coming up real soon have you
57:31put in any ads in Jewish newspapers for
57:33an accountant because they'll do that
57:36right and you
57:37say no but I will okay and why don't you
57:40go talk to the local Rabbi at some
57:42temples and synagogues and talk to them
57:44and say hey we got some jobs that don't
57:46include pigs that we would consider your
57:50employees your your your people for and
57:53we encourage them to to apply
57:56as long as you're doing something that's
57:57fine because you're never go there's
57:59just certain thing it's just never going
58:00to happen but if you say NOP not going
58:02to do anything they go you got to do
58:04something right as long as you're doing
58:07something they're pretty it's pretty
58:09cool you say but I'm gonna hire the next
58:11Jewish person to PO no because then you
58:13just broke title seven didn't you you
58:15hired the person because they're Jewish
58:18also what happen how are the other
58:22employees going to treat the new person
58:24who was hired because they're Jewish
58:28they're going to treat them poorly
58:29aren't they you just got hurt just
58:31because you're je you know how that's
58:34going to work
58:37wow
58:39yeah so diverse Workforce make you
58:45money um one of the things I I I do is I
58:48take students abroad we go to all sorts
58:50of different countries I already gave
58:51you a list of all the different
58:53countries and one of the things happens
58:55when they come back they're like what I
58:56didn't know you could do things that way
58:59right and so they look at the world when
59:01they come back here at belie College
59:03it's real easy to hire people that look
59:05like
59:07this but we don't want to we want to
59:10hire a diverse
59:12Workforce so one of the things that they
59:15do is during the job I've just helped
59:18hire a new faculty member one of the
59:20things they do is they take out all
59:22title seven information from the job
59:24application
59:26so when I look at these it's canidate 39
59:30and I have no clue what race religion
59:33sex National color they
59:36are then it makes it a lot easier for me
59:39to stay neutral doesn't it so in the old
59:42days you would put your picture on your
59:44resume that was a real common thing to
59:46do never do that there's people at HR
59:50human Rel Human Resources their job is
59:52to look at that and throw those away
59:56just because they got that picture
59:57because we don't want
1:00:02it now it gets even more interesting
1:00:05Supreme Court says employers are
1:00:08responsibility for the actions of their
1:00:09employees they're responsible for the
1:00:11actions they knew about or should have
1:00:13known about now think about
1:00:16this sure you know that you're
1:00:18responsible for the actions of your
1:00:20employees but do responsibility actions
1:00:22that you knew about or should have known
1:00:29about that's a pretty high standard you
1:00:31should have know well we didn't know you
1:00:32should have known well we didn't know
1:00:34you should have
1:00:36known that's hard to defend against it
1:00:38so let's say I come to work tomorrow as
1:00:43Andrea yep I'm changing my gender
1:00:47identity how do you treat
1:00:50me a lot of people say oh won treat you
1:00:53any differently really no I won't I'm
1:00:57gonna make really what are the other
1:00:59people in the company going to treat me
1:01:00like are there going to be people who
1:01:01are going to laugh and point their
1:01:02finger and make some funny Andrea
1:01:06jokes you know it's gonna happen now and
1:01:09you're still responsible for
1:01:12it
1:01:13wow how do you protect against that
1:01:17that's pretty tough well in this case
1:01:19with
1:01:20Andrea it's not that hard what you
1:01:22should do is call me into your office so
1:01:24if you're my boss call me in the office
1:01:26first day and say hey see things are a
1:01:28little
1:01:29different right how would you like me to
1:01:33handle
1:01:34this right so I'd say to them do you
1:01:37want me to make an announcement you want
1:01:39me to do how do you want me to do this
1:01:41because don't you like your own ideas
1:01:43better than other people's ideas I do I
1:01:45like my ideas better than other people's
1:01:47and if they say don't tell it don't just
1:01:49don't say anything maybe I'll blow over
1:01:51okay now you you're doing what they told
1:01:52you or they said tell everybody not to
1:01:55make jokes
1:01:56darn right I'm going to tell everybody
1:01:59not to make jokes I'm gonna say you make
1:02:01a make a joke about this you're fired
1:02:05right do not do that but you don't wait
1:02:07till you get caught see that's what
1:02:08everybody does they wait till they get
1:02:10caught and then they try to fix it so
1:02:13Denny's had this National policy of
1:02:16making brown people prepay their food
1:02:19and they go oh well we didn't know that
1:02:21some of our branches went we didn't know
1:02:23you should have known that so you don't
1:02:26wait till you
1:02:28call you stop it before it happens right
1:02:32so you tell your employees don't break
1:02:35this law should put posters in every
1:02:38room so at BBY College there for a while
1:02:40we had posters in every room saying
1:02:42don't discriminate we had everybody go
1:02:44through training we had memos the
1:02:45president of the college S memos all the
1:02:47time saying don't discriminate if you
1:02:50don't you say that two things happen
1:02:52kind of interesting one thing happens is
1:02:55when you tell if the boss says don't
1:02:58discriminate people
1:03:00don't it's the weirdest thing you say
1:03:02well you can't stop him actually you can
1:03:06if you say if the leader of your
1:03:08organization says
1:03:10something it causes the people in the
1:03:13organization to act
1:03:16differently did Hitler cause the people
1:03:19in Germany to act
1:03:21differently yes did LBJ cause people in
1:03:25the United states to act
1:03:28differently yes if you tell them we
1:03:31don't do that if you have a higher moral
1:03:35ground they don't do it it's just weird
1:03:37so the number the instance the if the
1:03:39leader says don't do it the number of
1:03:41instances where you have troubles goes
1:03:44down
1:03:45tremendously goes down
1:03:49tremendously so belie College got on
1:03:52national news a number of years ago
1:03:56it was bad it was real bad and the
1:03:59question what happened was there was a
1:04:00math teacher made up a test
1:04:02question and the math test question
1:04:07said if Kisa threw a watermelon off the
1:04:12federal building and the federal
1:04:13building is this tall how long before
1:04:15the watermelon hits the
1:04:17ground that was the question National
1:04:21bad day for Belle College real bad day
1:04:25right said well I didn't what's wrong
1:04:27with that question so many things are
1:04:29wrong with that question first off the
1:04:31name
1:04:31condalisa condalisa is a name commonly
1:04:35associated with black African-American
1:04:37women right in fact the second most
1:04:40well-known woman at the time her name
1:04:42was condalisa rice she was the Secretary
1:04:46of State of the United States right very
1:04:49F by the way the number one recognized
1:04:51black woman was Oprah right number two
1:04:54condalisa so cond is a name associated
1:04:57with black African-American women also a
1:05:00watermelon to say a black person and a
1:05:03watermelon in the same sentence is a
1:05:05racial slur it is people say what's
1:05:09wrong with saying white people
1:05:10wantel it's a racial slur it just is so
1:05:15I've never heard anything like that
1:05:16because you're in Seattle Washington in
1:05:18Belleview Washington you go to the
1:05:20Midwest you go to the South anybody says
1:05:24a black person and watermelon
1:05:26that is a big SL that is a racial
1:05:29slur well still I don't see what was
1:05:31wrong with that test question think
1:05:33about this way you are a black
1:05:36person you are taking this
1:05:38test you read if con beli that throws a
1:05:45watermelon really I got to put up with
1:05:48this garbage on a math
1:05:51test right I can expect this in other
1:05:54but on a math test test I got to put up
1:05:56with this what is going to happen to
1:05:58your score on that math test because of
1:06:00that test
1:06:01question it's going to go down you're
1:06:03distracted
1:06:05[Music]
1:06:06like you got to be right so as soon as
1:06:10this happened the school went nuts oh
1:06:14because we're on National Television I
1:06:15mean people in New York City knew about
1:06:18Belia college and they went to school
1:06:19they said he's this terrible racist
1:06:21person the teacher and we don't tolerate
1:06:23that and we're gonna fire him and he
1:06:26okay here's a question just just back
1:06:28off for a
1:06:29second how many of you think that this
1:06:33guy is a math teacher he
1:06:35says he's in his little bitty office
1:06:37right he says I'm gonna come up with a
1:06:41math test question that makes the black
1:06:43people
1:06:46unhappy do you really think that that's
1:06:48what
1:06:51happened maybe I I don't know I never
1:06:54met the guy I don't know the guy I I
1:06:56know no almost nothing about
1:06:58him but do you think somebody says I'm
1:07:00going to become a math teacher so I can
1:07:02make up math test questions that make
1:07:03black people
1:07:07upset I have a hard time with that right
1:07:10now the school says oh he's terrible he
1:07:12got he ended up getting death
1:07:14RS and he had to hide and it was a bad
1:07:18deal so then like two days later they
1:07:20put posters up in every room and made us
1:07:23all go through training saying oh don't
1:07:25discrimin
1:07:27were they doing it to stop it or were
1:07:29they doing it to stop a lawsuit to say
1:07:32look what we did that's the you don't
1:07:34wait till you get caught you start it
1:07:35ahead of time you say hey before it even
1:07:39happens you stop it and then if he makes
1:07:43a
1:07:44mistake I don't know I don't know all
1:07:47the the details about this thing maybe
1:07:48he did maybe he says oh I love making
1:07:51these evil math questions I don't think
1:07:53so but at the same time what does that
1:07:56do to all the other employees so you're
1:07:58working there and you see this guy that
1:08:01you know I don't know him I never met
1:08:03him haven't said a word to him wouldn't
1:08:04recognize him
1:08:06ever but wouldn't that kind of make you
1:08:08like nervous and you're like what wow
1:08:11what if I accidentally say something and
1:08:13I've accidentally said stuff after it
1:08:16comes out of my mouth I'm going that's
1:08:18not what I meant to say but everybody
1:08:21says stuff that they don't mean to say
1:08:23and they yeah
1:08:26yeah yeah yeah you don't wait till it
1:08:28happens also here's a question can a
1:08:30good person
1:08:32discriminate accidentally sure it's
1:08:36really easy to say wow there's evil
1:08:38Nazis who are doing all this stuff yeah
1:08:40yeah yeah I got that but can you make a
1:08:43mistake mistake and not meaning to do it
1:08:45actually have
1:08:46a
1:08:50wow this is how you do it
1:08:53so president of the College his name was
1:08:56Jerry Weber he sent out a letter to all
1:09:01the Belia college
1:09:02employees saying as this was a couple of
1:09:05years ago that says as you may have seen
1:09:07Federal Administration is considered
1:09:09rolling back recognition and protections
1:09:11for transgender people under the federal
1:09:15law so then he says we take it next
1:09:19paragraph we take it
1:09:21seriously and tell you you cannot do it
1:09:23it goes against College policy you are
1:09:27prohibited from doing this so you can
1:09:30also state laws protect
1:09:34lgbtq Plus+ plus people also so you do
1:09:38not do it right this was before the
1:09:41recent Supreme Court decision that said
1:09:43lgtb
1:09:45LG
1:09:46lgbtq+ plus people are protected this is
1:09:50before that happened but he still sent
1:09:52this
1:09:53out okay
1:09:56smart this was this is how you do it so
1:09:58so now let's say for instance I come in
1:10:00as Andrea and you're
1:10:04going holy C look at that right and but
1:10:09then you
1:10:10remember the boss said don't do
1:10:14anything I'm just G to shut
1:10:17up it will it stops the losses Also
1:10:21let's say you get somebody who didn't
1:10:22read the memo and they go ah look at
1:10:26and then when they get sued they go up
1:10:29on the stand and say they go you know
1:10:31you're responsible for the actions that
1:10:32you knew about or should have known
1:10:34about what else can we do we had posters
1:10:37everywhere we I sent out memos we talk
1:10:40about this all the time what else can we
1:10:42do and the jurries usually
1:10:46say yeah what else can you
1:10:49do by the way Jerry isn't here any
1:10:52longer
1:10:56so who's
1:10:57responsible so employers responsible for
1:11:00the actions of their employees they're
1:11:02re they're responsible for the actions
1:11:03they knew about or should have known
1:11:18about belleu college President and Vice
1:11:22President resign
1:11:26yeah so the college president went to a
1:11:30conference while he was gone one of his
1:11:33vice presidents decided to
1:11:37delete some words that were put on a
1:11:42poster that talked about discrimination
1:11:44against Japanese Americans
1:11:47so the the boss didn't know about this
1:11:50or maybe did I don't know I don't care
1:11:53so the vice president goes and
1:11:56covers part of that display out it's on
1:11:59National we get on national TV a lot
1:12:02yeah not necessarily good way and so
1:12:06they said
1:12:08hey you're responsible so the president
1:12:12had to resign and the vice president had
1:12:15to
1:12:16resign yeah so he's gone even though he
1:12:20sent that me so you're not bulletproof
1:12:22even then but it's a lot
1:12:26easier to defend yourself isn't it yeah
1:12:28so I don't know all the details about
1:12:30what happened on this but it just shows
1:12:32you it still
1:12:36happens so how do you really defend
1:12:39against the title 7 lawsuit people say
1:12:41well you can't do anything now can't
1:12:42tell any jokes
1:12:44now yeah that's true what about sexual
1:12:48harassment you got to be careful you got
1:12:51to be real careful some companies don't
1:12:53let you even tell dirty jokes
1:12:58yeah so how do you get to be bulletproof
1:13:02I'll show you how it's actually not as
1:13:04hard as you might think show you that
1:13:06next video thanks a lot for coming have
1:13:08a great day

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