Social Question

ArtiqueFox's avatar

NSFW. Is it discrimination for a daycare to reject an application from a Paedophile?

Asked by ArtiqueFox (974points) February 24th, 2010

I couldn’t believe it, a short story from the local news. A daycare recently rejected an application from a known paedophile. Apparently the man boasted about it on his Facebook profile and had several fantasies there as well.

Was the daycare in the right here, or was the man “discriminated” against, as he says?

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56 Answers

MrItty's avatar

“discrimination” applies to characteristics you are born with. Not choices you make.

No, it wasn’t discrimination. If they’d hired him, they could and should be shut down instantly.

Captain_Fantasy's avatar

I’m going to go out on a limb and say an unrepentant child molester probably shouldn’t be working in a day care facility.

I know it’s not PC but I stand by my guns on this one.

rangerr's avatar

Assuming you mean “pedophile”, no.
That’s keeping kids safe.

EmpressPixie's avatar

No, he was not suited for the position. It would have been irresponsible to hire him. He did not meet the qualifications. That’s like saying it is discrimination to turn down a fresh from high school dropout for an accountant position. If you fail to meet the qualifications—in this case the temperament to interact positively with children on a daily basis, you are turned down.

dpworkin's avatar

It would be illegal for a pedophile to seek such a job.

poisonedantidote's avatar

i think that people are born either born pedophiles or they are not, and this would technically mean he can not help it that he finds children sexually attractive, so technically from his point of view it would be discrimination. but in reality you just cant let pedophiles work with children. it would be like employing foxes to take care of chickens.

EmpressPixie's avatar

@dpworkin: I am guessing that this man has not been convicted of a sex crime. Otherwise it would not have been a newsworthy story at all.

Captain_Fantasy's avatar

I’m going to go further out on that limb and say pedophilia is learned and deviant behavior and is not innate.

skfinkel's avatar

Of course not. It’s putting the fox in the hen house. It would be completely wrong of the school to hire him. Wonder why he was looking for that job in the first place? What’s wrong with driving a bus? or sitting in a cubicle somewhere doing something or other. But in a child care center—no—out of the question.

missingbite's avatar

@poisonedantidote got it right. It was discrimination however it was needed and understood. If they have proof of him even thinking about abusing children, there is no court in the world that would uphold a case against the daycare. He may have been and probably was born the way he is but he can’t work around kids.

SeventhSense's avatar

Must love kids is only one of the requirements. Must not want to molest them is the other part.
—“Ya ok bubye.. we’ll call.”

tinyfaery's avatar

Removed by me due to redundancy.

EmpressPixie's avatar

@tinyfaery We’d need to see the story to be sure, but if he was bragging about sexual fantasies starring children on his facebook, that’s a good indication.

monocle's avatar

No its not, and of course he can’t work there.
Next question.

SeventhSense's avatar

@Captain_Fantasy
When this becomes PC pitchforks will rule the day and torch bearing mobs will be the judicial system.

Haleth's avatar

Whether or not it’s discrimination, he said on his facebook (in public) that he had fantasies about that job. Doing that would keep anyone from getting hired from a job, no matter what it is. Bringing sex into the discussion during your job search is just not appropriate.

gailcalled's avatar

@rangerr: The Brits spell it phaedophile. The ae is from the Greek; they loved stringing vowels together for diphthongs…encyclopaedia is another example.

CaptainHarley's avatar

The only legal basis for a charge of discrimination is if the individual is in a protected class:
Race – Federal: Civil Rights Act of 1964 and the Civil Rights Act of 1866
Color – Federal: Civil Rights Act of 1964
Religion – Federal: Civil Rights Act of 1964
National origin – Federal: Civil Rights Act of 1964
Age (40 and over) – Federal: Age Discrimination in Employment Act of 1967
Sex – Federal: Equal Pay Act of 1963 & Civil Rights Act of 1964
Familial status (Housing, cannot discriminate for having children, exception for senior housing)
Sexual orientation (in some jurisdictions and not in others)
Gender identity (in some jurisdictions and not in others)
Disability status – Federal: Vocational Rehabilitation and Other Rehabilitation Services of 1973 & Americans with Disabilities Act of 1990
Veteran status – Federal Vietnam Era Veterans Readjustment Assistance Act of 1974
Genetic Information – Federal: Genetic Information Nondiscrimination Act

rangerr's avatar

@gailcalled Yeah, I was informed of that after I said it.

filmfann's avatar

Registered Pedophiles are supposed to be prevented from such work, so no.
the Day Care acted properly, and it is not discrimination.

filmfann's avatar

@gailcalled should I laugh that the word came from the Greek?

gailcalled's avatar

@filmflan: Be fair. Lots of Greeks believed in the love that dared not speak its name and plastered images all over their amphorae. I suppose there were times when young boys were involved but I have no real data.

AstroChuck's avatar

I don’t know. Would it be discrimination for the United States Holocaust Memorial to reject an application for curator from Louis Farrakhan?

Trillian's avatar

What none of us are looking at is the statement that this makes about our society to begin with. I recently took it up the ass from a couple people here about another discrimination issue. Someone whined that the people advertising for help wanted “reliable” people only to apply. Someone else said “discrimination” I said that the next thing would be some smartass lawyer representing a load of unreliables who now wanted to be financially compensated that someone didn’t want to hire them based on their lack of reliability. People wanted me to give proof of why I had such an opinion. As if the state of our society that we see on the news everyday were not empiric evidence enough.
But here we go again. A known pedophile has the nerve, the audacity to complain that he can’t get a job in a day care. Never mind, for the moment, whether it was discrimination or not. Just for this moment, what does it say about our society as a whole that this person feels comfortable enough to tell the entire nation what he is, what he’s done and how he now feels ill done by? I think that if we look below the surface we will see that he expects, by what has gone before in our society, to be rallied around and vindicated. This, on the face of it, is a ridiculous and frivolous assumption, but he is making that assumption based on past behaviour. Does this not make warning bells go off for anyone else? Does no one see this as a very bad indicator of worse things to come from others like him?

Blackberry's avatar

Lol….the audacity of some people. Fuck the pedobear, he can pick a different career path.

AstroChuck's avatar

I always thought pedophile sounded as if it should refer to people with a foot fetish. It seems like pediaphile would be a better term for a child molester.

SeventhSense's avatar

@gailcalled
Oh there is plenty of data that support the ancient Greeks and their affections for young boys.

gailcalled's avatar

@SeventhSense: Now that I think about it, you are correct.

@AstroChuck; Here’s some interesting entomology

_The classic spelling is with ae or æ, to avoid confusion with pedophilia, which etymologically means attraction to the ground (πέδον). _

The term should also not be confused with podophilia either, which is attraction to feet (πούς > octopus / ποδός / πηδόν > pedal). It is correctly pronounced using the “ped” as in “pediatrician,” not as in “pedestrian” (as the original spelling contained an æ, which is pronounced as a long e).
—————
The old-fashioned term was pederasty.

Trillian's avatar

@ArtiqueFox do you have a link?

Buttonstc's avatar

@Trillian

I am so with you on this one !

Saying that ( or even wondering if) this guy was discriminated against is ludicrous (and I don’t mean the rap guy) beyond description. Talk about political correctness run amok…

No, of course it’s not discrimination to refuse to hire a pedophile. IT’S THE LAW.

That’s one of the reasons why there is a sex offender registry. Presumably this guys name popped up on a background check. Had they hired him (instead of discriminating against him) they would have been criminally liable.

I can’t believe this dimwit had the audacity to complain about it on FB. if it were not so tragic ( for the young victims) it would be laughable.

Are we all being punked here?

ArtiqueFox's avatar

@Trillian My family doesn’t get the newspaper. I saw it in the briefs section at school. I asked this question just to reassure myself that society has not totally lost its bottom. My jaw still drops every time I think about it.

KatawaGrey's avatar

If this is discrimination, then the NAACP should hire white supremacists…

Also, I would like to point out that the man is a pedophile and not necessarily a convicted child molester. I’m only saying this because if he was actually a convicted child molester he would not be allowed, by law, to work with children.

Trillian's avatar

@ArtiqueFox my curiosity is officially aroused. is there anything specific that you could give me so I can track this story down and find out particulars for myself?
@KatawaGrey Hello! Thanks for your comment on the pirate thread! Didn’t you and I have a disagreement about a different discrimination thread? I can’t remember for sure, I’ve slept since then…;-)

snowberry's avatar

Here is what appears to be a link regarding the question. Notice it’s about a question of law in the Caribbean. http://www.stabroeknews.com/2009/letters/03/21/caribbean-countries-did-not-sign-the-un-declaration-on-sexual-orientation-and-gender-identity/

This quote comes from about half way down the page: “A convicted child molester, homosexual or heterosexual, could sue a day-care center that refuses to hire him, claiming discrimination on the basis of his “sexual orientation”; such an ordinance would thus protect behaviour declared criminal under state law.”

KatawaGrey's avatar

@Trillian: I haven’t the foggiest as to what you’re talking about… ;)

DrasticDreamer's avatar

@gailcalled Isn’t the word “etymology”? I thought “entomology” was something to do with insects.

Regarding the question – I completely agree with @Trillian on this one.

TheJoker's avatar

No, I’m asuming this is in America as in the UK it would have been illegal for the daycare centre to hire him.

Cruiser's avatar

I can’t believe you are even asking this question!! You must be putting us on if you yourself cannot see just how wrong it is for this guy to even apply for such a job. If this even happened he will be going back to jail for even walking through the front door of such a place as it would be in violation of his terms of release.

Mikelbf2000's avatar

I assume you knew the answer to this question before you asked it. Only an idiot would consider that descrimination.

gailcalled's avatar

@DrasticDreamer: Right you are. I ant bee n paying attention. Moth unfortunate. Feel free to slug me. Mite I apologize?

Simone_De_Beauvoir's avatar

Well, some people say this is a sexuality in its own way, because it is a sexuality, he can claim discrimination based on his sexuality being the factor for him not being hired. I can see that point because just because he wants to have sex with kids doesn’t mean he will or will hurt any of them at the daycare. The fact that he boasted about it and put his fantasies on FB (real smart, p.s.) lets me know he is not responsible, really. And I also want to point out that there are many (no way to quantify, no one admits to these things easily) people working with kids that have fantasies like these.

Buttonstc's avatar

@Simone

Would you be comfortable with a person who says they have these fantasies caring for your children ?

Let’s also assume that he steadfastly avers that he has never touched a child in this way and never would. Would you be comfortable with your children in his care.

Obviously I’m not referring to the FB guy in the OP question.

BTW. When I answered the original question, I was assuming that the reason this person was “discriminated” against by the daycare center was because they ran a check and his name popped up as a registered sex offender or else they wouldn’t have known.

They had to base their decision on something other than his fantasies since they would have no way to know that other than him telling them.

And, if he were stupid enough to do that, I’d reject the applications on the grounds that he is too stupid to work with children. It’s certainly not a job for stupid people :)

Simone_De_Beauvoir's avatar

@Buttonstc I am comfortable with a lot more than others are. I have no way of knowing that the people currently watching over my oldest child in his pre-school aren’t harboring these fantasies. If I knew a person intimately and knew of their desires and situations vary (I have some experience in this, not going to get into how), then I can see a situation where I’d be comfortable with it. Many people with these fantasies don’t want them and they don’t do anything about them.

KatawaGrey's avatar

@Simone_De_Beauvoir: It’s a different matter entirely if someone has the fantasies but doesn’t want them. This man posted them for all to see on a public forum and bragged about having them on there. I agree that there is a huge difference between someone who has the fantasies but does nothing with them as in, just keeps them to him/herself and a man who writes them down and spreads them around. If nothing else, I would be worried that he would describe these fantasies to the children even if he never touched them.

jo_with_no_space's avatar

In the UK, laws on this are very stringent – all prospective child/vulnerable adult-care employees have, by law, to submit to a full check of their entire criminal record, called a CRB check. If this check unearths any offences involving children or vulnerable adults, they will not be given the job. This check is essential for anyone who would be working with these groups on a frequent basis, and it is enforced across the board.

In addition, over the next few years, our government is phasing in a database which will likely contain 9million records of childcare workers. This will be run by the Independent Safeguarding Authority, who will have the power to strike people off on the basis of suspicion and allegations alone. Human rights activists have called this a “guilty until proven innocent” system.

So, in spite of the many anti-discrimination laws we have in the UK, paedophilia and ephebophilia are not seen as sexualities worthy of equal employment opportunities. By far the opposite is true. As a soon-to-be trainee teacher, it is certainly astounding to see the extent to which children here are allegedly “protected”, compared to say 10–20 years ago, when I was at school.

Part of me feels like it has gone a little too far. Because, after all, these checks can only identify cautioned and punished criminal acts, they cannot measure the potential of individual desires. I think that is what we are trying to do here, and it is the most scary prospect of all for people strongly in favour of our system – we cannot regulate desires.

DrasticDreamer's avatar

I don’t care if someone would or wouldn’t want these fantasies – either way they wouldn’t be around my child. There’s no way I’d even risk it, considering it’s the safety of my child I’d be talking about. Sure, it’s horrible and it sucks for the people that have these fantasies and don’t want them, but sorry… They still wouldn’t come near my child.

Mikelbf2000's avatar

@DrasticDreamer I agree. Nobody should have to worry about their child being raped because some stupid law protects someone with those terribles fantasies from descrimination. What’s next? Are they going to consider pedophiles a sexual orientation and demand they have rights?

Simone_De_Beauvoir's avatar

@Mikelbf2000 who’s this ‘they’ you’re talking about?

Mikelbf2000's avatar

@Simone_De_Beauvoir I was being sarcastic. I didnt meaning anybody or group in particular. I think its retarded to act as if this is descrimination. If you are a known pedphile why would any decent parent ever let you near their children? It isn’t a sexual orientation. It’s a dangerously screwed up mind. These are children we are talking about. Not consenting adults being striaght, gay, bi, or enjoying some type of kink or fetish. If I owned a daycare, I would do everything within my power and rights to keep him/her away from it.

Simone_De_Beauvoir's avatar

@Mikelbf2000 I understand all that.

KatawaGrey's avatar

Interestingly enough, there is a higher incidence of pedophilia/child molestation in the recent hundred years or so because of both the over sexualization and complete de-sexualitization of children. I know this seems conflicting but the whole idea that children absolutely cannot have any sexuality juxtaposed with the hush hush idea that they are hyper sexual in their own way sends out the most mixed and dangerous signals. Molestation is inexcusable and letting your pedophile tendencies out in way is inexcusable, but it is understandable why there seems to be so much of it out there.

Seek's avatar

If the guy was a convicted paedophile, should there not have been an injunction stating that he was not permitted within 500 feet of any establishment known to harbor groups of children – i.e., schools, parks, and Chuck E. Cheese?

How was this dude not arrested?

Siren's avatar

I don’t think it is discrimination. In fact, if a daycare or any other establishment has information indicating an applicant could be a pedophile, they should report it to the authorities. If the pedophile is an ex-con, I don’t think he/she is allowed to work with children in any capacity, in any state.

SeventhSense's avatar

It could probably work if a car battery was hooked up to his scrotum and he was overseen by a group of PTA mothers observing via hidden camera who could flip a switch frying his balls if he got out of line. I don’t know if he’d be too happy in his new position though.

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