A Houston woman is suing her employer, United Airlines, for allegedly violating the Americans with Disabilities Act (ADA). The airline, the flight attendant claims, is not accommodating her need to wear clogs because of foot problems. Interestingly, the airline allows employees to wear the shoes of their choice while on a plane, but in an airport they must wear black shoes.
Some have claimed that United is being petty, and perhaps it is. But employers have a right to establish terms and conditions of employment, including a dress code. If a company wants to establish petty rules, it should be free to do so. Employees are free to accept those conditions or find a job elsewhere.
The right to property means the freedom to create, use, trade, and dispose of values. A business has a right to determine how its property will be used by both employees and customers. Again, those who don’t like the rules can take their skills or money to another business.
Instead of protecting the rights of property owners, government uses the ADA to force them to accommodate nearly anyone who claims a disability. The property owner has no choice in the matter. If he fails to accommodate, he can be sued.
Unfortunately, the ADA is only one example of property owners being forced to accommodate others. A plethora of federal, state, and local laws force property owners to accommodate individuals on the basis of their age, race, ethnicity, religion, sexual orientation, sexual identity, gender, and more. The owner cannot use his own judgment in regard to the use of his property. He must accommodate the needs and desires of others.
It is understandable that individuals want to be treated fairly. But fairness works both ways, and violating property rights is not fair. It is a gross injustice. If we really want a culture in which everyone is treated fairly, we would do well to start treating property owners with justice.