Industrial Bill of RightsNext Previous Contents Article 8. Government shall make no law which abridges the right of owners or managers to establish regulations they deem necessary for the health and safety of their employees, including the right to deny particular jobs to workers for whom those jobs may pose a greater than normal risk, nor shall government make any law abridging the right of an employee to be informed of the risks associated with particular jobs.Rights Against the Government vs. Demands on Fellow CitizensThese discriminatory laws were a violation of the civil rights of the victims. Fortunately, these violations of civil rights were ended by several laws passed in the 1960s. Unfortunately, the concept of "civil rights" was distorted in the process. It was argued that it did no good to repeal a discriminatory law if people continued to discriminate. The concept of "civil rights" was extended to include "rights," not against the government, but against one's fellow citizens. As a member of the Supreme Court has put it. "Before, a right meant the freedom to do something; now a right has come to mean the legal claim to receive and demand something." This extension misrepresents the concept of civil rights. A "civil right" is a protection against the power of the government. It is not a claim on one's fellow citizens in their private roles. However, once a claim against one's fellow citizens is seen as a "right," the government is called in to enforce that right. In the name of "civil rights," the Bill of Rights has been stood on its head. Instead of serving as a protection against government power, it has become an excuse for government interference in people's private affairs. One example is the recent Supreme Court ruling that employers may not bar women from certain jobs simply because of hazards to children those women might yet bear. In effect, the Court ruled that women had a "civil right" to particular jobs, regardless of the wishes of their employers. The issue in this case is not "women's rights" vs. "fetal rights," but rather rights as protections against government vs. "rights" as claims on one's fellow citizens. No one has a "right" to a particular job. Under the right of free association, employers have the right to hire whomever they please, for whatever reason they please. Similarly, workers have the right to apply for any job they please, and to quit for any reason they please. The employment contract spells out the legitimate claims of both employer and employee. As long as the employer doesn't violate that contract, a worker's recourse against an "unfair" employer is to take a job with a "fair" employer. This issue is a good place to begin restoring the concept that "civil rights" are protections against government, not claims on the resources of other people.
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