Re:Sex Worker-Led Payment Platform Shuts Down After Being Cu...
by tristor on Thursday March 23, 2023 @12:08PM
(#35276964)
Business size is arguably an arbitrary metric, but we already use this for this purpose today: https://www.eeoc.gov/employers/small-business/1-do-federal-e...
Speech discrimination is just another form of discrimination, and whether you can compel an individual acting as a sole proprietor or a family business to do something is a different question than whether you can compel a multi-national megacorp to do something. I don't know that "20 employees" is the line to draw, but it should be obvious on its face that a small business and an MNC are not the same, and they operate in society under different reasonable standards.
Blanket rules and arbitrary size limits won't work. If you have a blanket rule that companies can kick people out for any[1] reason, then you have your "only one pharmacy in town" problem. If you have a blanket rule that companies must serve everyone regardless of their speech/behavior, then you can't kick a disruptive customer out of your business. If you say life-or-death companies must serve everyone, then you get into the endless debate about what counts as a life-or-death company. We have to eat. Do grocery stores count? Restaurants? We spent 2020 agonizing over what counts as an Essential Business. If you say companies over a certain size (or monopolies) must serve everyone, then you have to set an arbitrary size and debate over whether company X is a monopoly. I don't know what the answer is.
1: Any reason besides discriminating against "protected classes" https://subscriptlaw.com/protected-classes/