A private, non-corporate 'employer' is free to do whatever he/she
wants - hire and fire anyone they want, anytime they want, for any
reason they want. Problem is, truly private 'employers' are rae these
days.
Actually that is not true. Any employer, corporate or not, firing,
or even refusing to hire, a person because of race, color, religion,
sexual orientation (especially if the employee is gay), handicap, or
nationality can be sued for huge amounts, and even prosecuted
criminally.
Anyone can file a lawsuit against anyone, anytime, for anything, that is
true.
And today, judges have no fear of reprisal for failure to follow the
law... so, in that sense, you are correct.
But, in strict accordance with the law, the government does not have
the Right to interfere with totally private contracts between private
people.
Corporations do not have 'Rights', they only have governmentally
bestowed privileges.
People have Rights.
But yes - since the judges couldn't care less what the laws actually
say, and or apply to - yes, they could UNconstitutionally MIS-apply a
law intended only at 'employers' (this is a legal word of art - meaning,
it doesn't mean what you think it means) and/or 'employees' (another
word of art) at private Americans.
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