Comments on: Mark(et)ing Nondiscrimination https://archives.lessig.org/?p=2970 2002-2015 Tue, 19 Sep 2006 15:33:53 +0000 hourly 1 https://wordpress.org/?v=5.7.2 By: Sid DeLong https://archives.lessig.org/?p=2970#comment-10505 Tue, 19 Sep 2006 15:33:53 +0000 http://lessig.org/blog/2005/06/marketing_nondiscrimination.html#comment-10505 I applaud the ingenuity of using the mix of contract, IP, and third party beneficiary law to enforce non-discrimination norms. But what is to stop the Focus on the Family crowd from following suit: licensing a little cross in a circle confirming that the seller is a bigot? Sellers who failed to discriminate would be subject to suit by their customers who found out.

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By: Steve Dispensa https://archives.lessig.org/?p=2970#comment-10504 Sun, 05 Jun 2005 02:51:53 +0000 http://lessig.org/blog/2005/06/marketing_nondiscrimination.html#comment-10504 Sorry for the late comment. The present climate may indeed prevent adopting ENDA as a requirement for all American businesses, but what about the Federal Government as an employer? Have you been able to make any progress about getting the Government to adopt the license and mark? Adoption of FE would be an important precedent; perhaps it’s more feasible at this point.

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By: Sutha Kamal https://archives.lessig.org/?p=2970#comment-10503 Sat, 04 Jun 2005 17:59:03 +0000 http://lessig.org/blog/2005/06/marketing_nondiscrimination.html#comment-10503 Great idea. While we’re in Canada, and I’m not sure we can necessarily “sign” the document because it refers to specific US legislation, we absolutely buy into the FE idea. (It amazes me that anyone wouldn’t be.)

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By: chris franklin https://archives.lessig.org/?p=2970#comment-10502 Sat, 04 Jun 2005 01:45:18 +0000 http://lessig.org/blog/2005/06/marketing_nondiscrimination.html#comment-10502 The “Fair Employment Mark” is a great idea and as a way for businesses to set themselves apart as more progressive organizations.

You’ve probably already considered this point: I tend to think that an FE mark and policy could legally weigh very heavily on older corporations with longstanding employees and corporate cultures. These entities may be a little gun-shy about adopting FE.

But, any companies formed in the last 5 years would probably be prime candidates for adopting the Fair Employment Mark and policies. In twenty to fifty years, maybe it will be a majority of U.S. companies that have such a policy.

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By: Kirsten Chevalier https://archives.lessig.org/?p=2970#comment-10501 Wed, 01 Jun 2005 18:12:02 +0000 http://lessig.org/blog/2005/06/marketing_nondiscrimination.html#comment-10501 That’s a great idea. Are there any plans to expand the Fair Employment Mark to encompass discrimination based on gender expression, even though that’s not included in ENDA? In addition, it would be great if the language on the web page were more inclusive of bisexuals as well as lesbians and gay men; when it comes to coalition-building, it’s always better to risk making one’s language a little clunkier than to risk alienating potential allies.

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By: Paul Gowder https://archives.lessig.org/?p=2970#comment-10500 Wed, 01 Jun 2005 16:08:59 +0000 http://lessig.org/blog/2005/06/marketing_nondiscrimination.html#comment-10500 Anon: why shouldn’t consumers and the public get to express their preferences to the contrary?

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By: anon https://archives.lessig.org/?p=2970#comment-10499 Wed, 01 Jun 2005 13:50:24 +0000 http://lessig.org/blog/2005/06/marketing_nondiscrimination.html#comment-10499 Why should we support efforts to put pressure on businesses who merely put into effect the preferences of their employees?

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