As I said originally, if he’d had said this where UK law applies he would have a problem,
No, he wouldn't or at least not because of that law. Just repeating something again and again does not make it magically ring true without at least adding something of substance.
if you look in that fucking Twitter thread, someone has quoted US law at him for the state he’s in, and the law there IS blanket provision.
I found one quoting Maine state law, apparently. This one?
Kinda funny since he doesn't live in Maine either. Twitter profile suggests as much.
If you meant another, my apologies, but I'll hope you'll forgive me for not wanting to delve too deep into Twitter replies, or Twitter in general.
You're welcome to be specific.
Look, blacklists are morally, ethically (and yes, in some cases legally) wrong and non-defensible in my view, as someone who works in an industry where they were a thing (but thankfully not anymore), you won’t convince me otherwise, and anyone trying to pedantically dance around it is as bad as O’Dywer.
I'm not trying to convince you of the morals or ethics at all. Just that you:
- Googled up some bullshit and didn't verify the UK law actually meant what you wanted it to.
- Read some more bullshit on twitter, didn't verify it applied.
- Have been called out on it, are digging your heels in and apparently won't admit it.
Frankly, I think posting publicly about a blacklist, as he has done, is a very douchey move. Argument could be had that it is actual virtue signalling instead of just getting on with it via email. Depending on the criteria it is no more reprehensible than employers refusing someone because they are an ex-felon, but I'm not a huge fan of that in the US either.
Pedantry is a massive part of the law, from where I sit.
Thing is, he is in California, and I get the impression that they probably have the toughest labour protections for workers, meaning that there may well be robust provisions against blacklisting in that state.
My cursory glance seems to suggest it would revolve around a former employer denying re-employment. I don't
think that applies in this case unless those blacklisted have been employed by O'Dwyer, but perhaps that may apply to agencies and employers if they have had employed/dismissed a now blacklisted person.
Of note, there is a summary on the 2019 Labor law in CA that includes:
An employer will now be permitted to reveal in a job reference whether an individual is not eligible for rehire because the employer determined that he/she engaged in sexual harassment.
I've not verified the Californian labor code in any great detail, just cursory, but I'm telling you as such. I welcome corrections and further information.
Devil is in the details, as they say.