An Employment-Law Perspective on the Anthony Weiner Story

An Employment-Law Perspective on the Anthony Weiner Story

 Anthony Weiner is in the headlines again. Last week, he told reporters that, since he left Congress in 2011, he’s sent salacious messages to numerous women, according to the NY Daily News. This latest revelation has caused quite the stir but Weiner says that he’ll stay in the race for Mayor of New York City.

The dialogue about whether Weiner should withdraw from the race is an interesting one. The conversation seems to focus on the nature of his “mistakes” and whether or not the public should care about the sexual endeavors of elected officials. Some say that private matters and personal affairs should not serve as qualifications for public office. But I think this argument mostly misses the point.

When making a hiring decision, good employers know that what matters is the candidate’s ability to perform the essential functions of the job. For example, an applicant’s race, religion, gender, disability, etc., should play no part in the decision because none of those characteristics have any relationship to the duties. If it doesn’t indicate the ability to perform the job, it shouldn’t matter.

So, how does this apply do Anthony Weiner? Well, many of his defenders argue that his sexual escapades are not indicative of his ability to perform the duties of mayor. And this may well be true.

But think of it like this. Weiner got into trouble the first time around because of certain conduct. He stepped away from the political spotlight but returned shortly thereafter, asking for forgiveness for his indiscretions. He told the voting public that he had recognized that his conduct was wrong and, at least implicitly, that he wouldn’t engage in the conduct again.

From an employment-law perspective, the nature of the conduct is irrelevant. What is relevant is that Weiner didn’t keep his promise to refrain from engaging in the conduct. It’s his apparent inability to learn from his mistakes, and the failure to keep his promise, that reflect on his suitability for the job—not the nature of the conduct itself.

Read more Labor and Employment Law insights from Margaret (Molly) DiBianca in the Delaware Employment Law Blog.  

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