Questions tagged [discrimination]

Discrimination is the favourable or unfavourable treatment of a person or thing based on criteria other than individual merit - for example, gender, race, or other categories the person or thing belongs to. Not all discrimination is unlawful.

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How can I legally avoid recruiting a specific nationality/ethnicity?

Suppose I have a tech company and I don't want to recruit people of a specific nationality (say, Hungarian) or ethnicity (say, East Indian). Is there any legal way to do that?
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11 votes
1 answer
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Can English accent be part of discrimination?

Suppose, a tech company in the USA uses AI software to test if a candidate has a certain accent (e.g. standard American accent, Southern British accent, etc.). The candidate has to attain a certain ...
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0 votes
1 answer
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Mandating belief in an unsupported empirical claim under UK employment law

Is the following scenario proscribed by UK law: An employer mandates that all employees complete an online learning activity. This includes an educational document followed by a multiple choice quiz ...
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2 votes
1 answer
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What would be the legal repercussions of a UK government employee coming out as homosexual in the 1970s?

This question is inspired by an incident in Tinker, Tailor, Soldier, Spy (the Hollywood film version starring Gary Oldman, not the novel or the BBC miniseries with Alec Guinness). One of the British ...
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Are individuals who identify as non-human animals members of a protected class?

This question is inspired by the following question over on Academia.SE: Should students' nonhuman identity be taken seriously in classroom settings? The U.S. Equal Employment Opportunity Commission ...
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4 votes
1 answer
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What Exemptions are there to the Age Discrimination laws in Ontario?

Ontario seems to have a pretty general/all encompassing law that is explained as protecting anyone from discrimination based on age with regard to employment or housing. Ontario Humans Rights ...
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2 votes
0 answers
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Landlord having previous tenant who was troublesome move back in. Asking me to move out to avoid conflict

Where I live has a shortage on housing. I have been sharing a suite with 2 other people ("roommates") for a couple years. We each have our own leases and the landlord is responsible for ...
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-2 votes
2 answers
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Vodafone offering lifetime free unlimited talk text and data to Ukrainian refugees - unlawful discrimination?

This seems to me a flagrant violation of the human rights and equality acts. I mean at least if it is giving preferential treatment to Ukrainian rather than say Syrian refugees. If I’m not mistaken ...
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1 vote
2 answers
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Is political viewpoint a protected class under equality act 2010 and other such laws and if so is it legal to discriminate against nazis?

I’m interested in the situation in any jurisdictions that people would have answers for, but will accept an answer about england-and-wales. If one hangs a sign in front of their business declaring “no ...
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5 votes
1 answer
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Is it illegal if a policy affects one protected class more than everyone else?

I heard some residential leases prohibit any open flames including candles. Since many religions use candles, wouldn't this be an illegal form of discrimination of a protected class? Or does that not ...
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-10 votes
3 answers
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If Google uses discriminatory language, how can I report it and log a complaint?

I have been asked what race I belong to by a Google Service registration online form at https://io.google/2022. After some time researching, I haven't found any where to log a complaint directly to ...
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Can I enroll my dog in the University of Texas at Arlington?

The University of Texas at Alrington makes the following equal-oppertunity statement: In accordance with federal and state law, the University prohibits unlawful discrimination, including harassment, ...
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13 votes
2 answers
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How is anti discrimination legislation reconciled with freedom of contract?

Let's say a landlord doesn't like someone's personality and chooses not to enter into a contract. In most common law territories this is their right to do businessor not as a private party with ...
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-8 votes
1 answer
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Why are religious exemptions to anti-discrimination laws legal?

For example, why is a cake maker allowed to refuse to serve people celebrating same sex marriage, due to personal religious beliefs? Why is this exemption allowed? Why is the government allowed to ...
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10 votes
1 answer
988 views

Can hospitals run by trusts discriminate based on religion in India

Suppose there's a hospital run by any trust. It gives free medicines to patients belonging to a particular religion and other patients have to pay for their medicines. However, India is a secular ...
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1 vote
1 answer
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Medical marijuana patient protection from drug test: actual effectiveness of the law?

I'm under the impression that in Pennsylvania, medical marijuana users are protected from employer discrimination: No employer may discharge, threaten, refuse to hire or otherwise discriminate or ...
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19 votes
3 answers
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Is it legal for a business to refuse service to a former customer in retribution for them leaving negative online reviews of the business?

The workers of the business are excellent at what they do and lovely people, while the manager is always a mean jerk to everyone. I don’t want to stop going there just because of him but I’m finally ...
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How is it legal that my college does not have any "co-ed" dorms on campus and they only allow "male-only" and "female-only" dorms?

I go to a Private, Christian college in Arkansas, and I feel as the college should not require students to be separated strictly by gender. I understand visitation rules and such, but I feel like ...
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21 votes
3 answers
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Can a racist business owner legally get away with saying he only wants to hire people that 'look white'?

This is a belated follow up to an earlier question where I asked how one can get away with hiring actors of an appropriate race when BFOQ (Bona Fide Occupational Qualifications) exceptions do not ...
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1 vote
3 answers
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How is soliciting a prostitute illegal in states where prostitution is legal?

This question is not concerned with whether prostitution should be legal or not. It is also not concerned with the moral implications of either position. What I find hard to accept is in states where ...
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3 votes
2 answers
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Can employer ask about medical information such as vaccines (not specifically COVID19)?

Regarding employers asking for proof of COVID19 vaccination, my friend argued this is illegal because they aren't allowed to ask for other medical information (such as vaccination against Hepatitis C) ...
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6 votes
2 answers
744 views

Legal repercussions for an act of discrimination

What are possible legal repercussions for someone who stands up in a restaurant and says something like "this n-r must leave the place where white people eat"? What laws apply here?
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0 votes
1 answer
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Is affirmative hiring illegal in Germany?

Saw this ad: https://stackoverflow.com/jobs/565648/women-in-tech-all-levels-at-sustainable-start-finn With the headline: "Women in Tech - all levels - at sustainable start-up (f/x) - Munich or ...
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2 votes
1 answer
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Why does Section 28 of the Canadian Charter of Rights and Freedoms prohibit sex discrimination redundantly?

In the Canadian Charter of Rights and Freedoms, Section 28 says: Rights guaranteed equally to both sexes 28 Notwithstanding anything in this Charter, the rights and freedoms referred to in it are ...
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3 votes
3 answers
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Does US law make a distinction between fair and unfair discrimination?

In South Africa the term fair/unfair discrimination is often used to illustrate between lawful and unlawful discrimination. I get annoyed when they have the anti racism campaigns in English football ...
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May the Justification of a "Legitimate Aim" in an Article 14 ECHR Case be Arbitrary in Light of Other Freedoms?

I'm learning about Article 14 of the ECHR and am a bit confused by the practicalities of its application. I understand something must fall within the ambit of another Convention right, and that there ...
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5 votes
1 answer
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Can a church-run university terminate employees because of their religion?

There are a number of churches in the United States that operate universities, and I understand that these universities are legally permitted to give preference to members of the church when hiring ...
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4 votes
1 answer
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Does Age Discrimination Apply to those over the age of retirement (US)?

I know that it is illegal to discriminate solely on the basis of age in the hiring process. I know that it is intended to help those that are over 40. But does it still apply to those over the age ...
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16 votes
2 answers
4k views

Is being left-handed a protected class in US discrimination law?

This is based on a recent question that was asked on The Workplace but was not well-received there. US federal law provides for robust protections from discrimination for many different reasons - race,...
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10 votes
3 answers
2k views

What is the legality of the vaccine mandates in British Columbia, Canada?

British Columbia unveiled a plan to require proof of COVID-19 vaccination for entry into multiple settings, including but not limited to restaurants, bars, gyms, night clubs, indoor ticketed events, ...
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1 vote
2 answers
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How is damage calculated in a civil suit against a company where there is said to be widespread gender-based discrimination and sexual harassment?

California’s Department of Fair Employment and Housing (DFEH) says that renowned game publishing studio Blizzard Entertainment, and its owner Activision Blizzard, have created a culture of “constant ...
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-3 votes
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Murdering somebody somebody in part because you do not like his religious beliefs

Image that person X does not like people who practice a certain religion. He knows that his co-worker, person Y, practices that religion. Person X believes that it is always wrong to kill (including ...
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27 votes
4 answers
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Is it legal to lie about an illegal requirement?

As an example, its not legal to discriminate against a person of a certain race while renting out your house. So lets say an Asian person sees a house rented out with a "no Asians" condition....
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23 votes
5 answers
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Is it against the law to deny service based on (young) age?

My daughter was asked to leave a pet shop as she was unaccompanied by an adult and was under 14. She was in there with the intention of making a genuine purchase and there is no way she would have ...
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4 votes
3 answers
581 views

"Discrimination" due to COVID-19 Certificate requirements

Many European countries issue COVID-19 Certificates (with varying names), that indicate whether a person is vaccinated, has recovered or has been tested. Access to some locations (restaurants, cinemas,...
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0 votes
2 answers
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The refusal of a public body to allocate a male due to not having a male worker, would this be discrimination or...?

Bob requested, from the public service company dealing with child issues, the presence of a male employee as he felt discriminated and intimidated with the way the female employees were leading ...
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4 votes
1 answer
294 views

Can a business lawfully refuse to serve someone because of allergies?

After some high profile deaths, I’ve noticed more and more restaurants and takeaways in England have signage refusing to serve people with food allergies. Is this legal, or is it disability ...
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0 votes
1 answer
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Did "stay at home" signs during COVID unlawfully discriminate against people with conditions like asthma?

During the COVID era, it was very common to see signs posted outside of businesses and probably public buildings, saying things like: Please do not come in if you are coughing, have a fever, or are ...
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1 vote
1 answer
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Is it racial discrimination - company wide email disparaging white people

A friend of mine works at a religious organization as an employee. They are also a naturalized citizen, who is white, but is of a minority ethnic group (for background). The org has sent out several ...
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-2 votes
1 answer
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What legal provision in the U.S. law allow the Catholic Church to discriminate against women?

What legal provision in the U.S. law allow the Catholic Church to discriminate against women? Women aren't allowed to become priest yet, but isn't this against the discrimination law? If not, what ...
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2 votes
0 answers
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Is it allowed for a French company to only accept French passports for registration for a service

La Poste has an online identification system called "l'identité numérique" for which registration requires a French passport or "Titre de séjour français" see this. As a non-French ...
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2 votes
2 answers
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Can a gift shop no longer selling your art be actionable discrimination under English law?

Inspired by the case of the artist Jess de Wahls, who is considering legal action against the Royal Academy after they discontinued stocking her art in their gift shop because of Ms de Wahls's view ...
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7 votes
2 answers
1k views

Was Bob Dylan right in thinking that William Zantzinger's sentence was some sort of miscarriage of justice?

Bob Dylan's song “The Lonesome Death of Hattie Carroll” tells the mostly-true story of Willaim Zantzinger's killing of Hattie Carroll in 1963 by striking her with a cane. Zantzinger was a relatively ...
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1 vote
1 answer
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A case of discrimination?

Adam has a "philosophical belief" that the fairness of most forms of discrimination is debatable, as a special case of his belief that most anything should be debatable in a democratic ...
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0 votes
2 answers
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Would it be legal in New York to only hire from Harvard Law School?

The premise of the television programme Suits relies on a New York law firm so élitist that it only hires Harvard Law School graduates, and rejects all other applications. In real life, would this be ...
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25 votes
5 answers
8k views

Is it legal for employers to hire only native speakers?

I recently learned that there are some companies (for instance, certain editing, writing, or translation services) that explicitly refuse to hire non-native English speakers for certain positions a ...
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8 votes
5 answers
1k views

Allowable Discrimination For Jobs

Just lately I realized that anti-discrimination/equal opportunity legislation only applies to proscribed categories of discrimination grounds, e.g. race, ethnicity, gender, orientation, age, etc. Up ...
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25 votes
3 answers
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Could New Jersey Really Ban Pennsylvania Drivers?

The official NJ governor account posted a tweet saying that PA drivers were banned from NJ. The tweet was an April Fools joke, but that made me wonder, could NJ really pass a law banning PA drivers? I ...
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2 votes
1 answer
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Is employment discrimination against obese people legal?

Some scientists have proposed links between obesity and personality traits, e.g. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2914627/ More self-controlled boys and girls are less likely to become ...
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11 votes
6 answers
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Is the requirement to have any type of degree or certain amount of years worked discriminatory?

I am mostly curious about qualified candidates that cannot prove their skill, because they cannot get it to the interview. I'm a developer, but the question is not focused on IT. I've had two cases to ...
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