FLAGGED BILL: SB 142 – Repeal of Blacklisting Provisions, Sen. Daniel Thatcher

utah republican senator daniel thatcher
Sen. Thatcher (R)

Blacklist (n) – a list of persons who are disapproved of or are to be punished or boycotted.

In Utah, it is illegal to blacklist employees. Current law is quite clear on this, as are the philosophical reasons. Blacklisting is a concept that flies in the face of the American dream.

Just about every child in America has been told at some point that they could some day grow up to be President. It may not be true, but the concept is clear – people should be judged on their character and ability, not on the preconceived notions notions of others. To purposefully prevent another individual from succeeding disgusts us at our very core.

In short, blacklisting is discrimination.

It is for this reason that SB 142 – Repeal of Blacklisting Provisions from Senator Daniel Thatcher (Republican – West Valley) seems so perplexing.

As you might suspect from the bill title, this bill removes section 31-24-1 (the above listed law), and section 31-24-2, the section dealing with the penalty for blacklisting an individual, from current Utah law.

In the year 2000, the federal government passed regulations allowing the blacklisting of contractors, and was opposed by the U.S. Chamber of Commerce. One reason cited was that, in this case, blacklisting a contractor means that they are “presumed guilty” and that “unproven, pending allegations [are] enough [to place them on the list].” Just like blacklisting a contractor for unproven allegations, blacklisting an individual presumes they’re guilty based solely on a simple allegation.

To remove the law prohibiting blacklisting, Senator Thatcher is effectively giving a subtle nod towards employer discrimination.

If this bill were to pass, would blacklisting occur more or less often than it does now? That cannot be easily determined. What can be determined is that passage of SB 142 makes one form of intolerance and unfairness legal.

To contact Sen. Thatcher, Click Here or call 801-759-4746

Impact on Average Utahn:

High Impact   5 . 4 . 3 . 2 . 1 . 0   No Impact

Need:

Necessary   5 . 4 . 3 . 2 . 1 . 0  Unnecessary

Overall Ranking:

Great Bill  5 . 4 . 3 . 2 . 1 . 0 . -1 . -2 . -3 . -4 . -5  Poor Bill

One Reply to “FLAGGED BILL: SB 142 – Repeal of Blacklisting Provisions, Sen. Daniel Thatcher”

  1. In your article you wrote a couple things that I think you missed the boat on. They are “Blacklisting is a concept that flies in the face of the American dream.” and “Just about every child in America has been told at some point that they could some day grow up to be President.”

    First, “Blacklisting” generally happens for a reason such a poor job performance, dishonesty, etc… I think you would be hard-pressed to find very many credible examples of someone being blacklisted through no fault of their own. People are basically lazy by nature, so they won’t make the effort to blacklist someone who hasn’t done anything negative to gain their attention. Certainly, there will be people who will try to impede the progress of others to benefit themselves but this example is by far the minority of “Blacklisting” examples. If a person is going to “Blacklist” someone, then they should provide a reason and IF it stands up to scrutiny it should be allowed. IF it does not, then the person should be censured in some way to provide a consequence to attempting to “Blacklist” someone for petty or invalid reasons. I can certainly think of a few politicians I’d like to see blacklisted…

    Second, the single most important part of the old adage “You could some day grow up to be President.” is always missing these days. It should read: “Someday, if you work really hard in school and your career you may have the opportunity to become the President.” This would be far more accurate and emphasize the effort and self-sacrifice it takes to accomplish that, or any worthwhile, goal.

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