Duck Test for Legislators ?
The Duck Test!
Should the legislature live by the same employment laws as that of a business? Keeping politics out of the equation, Is it wrong that recently, legislators suggested that Senator Fienstein be asked to resign based on her age and health concerns?
The issue of removing a legislator from a committee or asking them to resign due to age or health is not necessarily a legal issue. Legally, it would depend on the specific rules and regulations of the committee in question, as well as any applicable anti-discrimination laws. However, it is generally considered inappropriate to discriminate against someone based on their age or health, and doing so could potentially violate labor laws.
In terms of a labor law example, this situation could potentially fall under the Americans with Disabilities Act (ADA) or the Age Discrimination in Employment Act (ADEA), both of which prohibit discrimination against individuals based on their age or disability. If it can be shown that the actions taken against Sen. Feinstein were motivated by her age or health status, rather than her ability to perform her duties, then it could potentially be a violation of these laws.
However, it's important to note that the situation with Sen. Feinstein is a political issue and not necessarily a workplace or employment issue. As such, labor law may not be directly applicable. Ultimately, the decision to remove a legislator from a committee or ask them to resign is a political one, and would be subject to the rules and norms of the governing body in question.
My parting question! If it looks like a duck, swims like a duck, then is not a duck?