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.

Filter by
Sorted by
Tagged with
-1 votes
3 answers
124 views

Religion is a "protected class" in California. Does that extend to things like homophobia/transphobia due to religion?

In California, I'm pretty sure employers aren't allowed to discriminate based on religion (e.g. you can't not hire someone just because they're Jewish). In other words, religion is a "protected ...
  • 2,830
2 votes
4 answers
257 views

Is awarding a day off for women employees on 8 March a discrimination against the male employees?

Early this year I joined a new company. As part of the benefits they give to their employees is included a day off, paid by the company, to all female employees for the 8 of March because of the ...
2 votes
1 answer
76 views

Can an employee sue their employer for retaliation in the United States even if the employee didn't report the discrimination to their employer first?

Suppose an employee, Jane, works for a company in the United States and experiences discrimination or harassment from a supervisor or coworker. Jane is afraid to report the behavior to her employer ...
-9 votes
3 answers
325 views

Is evidence of rumours of a defendant's racism unhelpful in a defamation case involving accusations of cheating?

Defendant accuses Plaintiff of cheating in a competition. Plaintiff sues Defendant for defamation. Plaintiff has heard rumours that Defendant is racist. Assuming these could be substantiated in some ...
  • 915
-2 votes
1 answer
171 views

Can someone claim compensation for discrimination even if they weren't personally affected by it? [duplicate]

Dr. Bower attempted to buy and later did buy Pink IPA from Brewdog, but was not allowed to do so because he looked male. As they maintained this criterion that negatively impacted not only Dr. Bower, ...
2 votes
1 answer
88 views

What is the name of principle used in US court that is helps detect discrimination in sentence by switching gender/race/nation name to another one?

Imagine we have an article with following title How to Recruit More Women to Your Company On a first glance from perspective of gender inequality this article looks like an article that would help ...
  • 123
2 votes
0 answers
94 views

When is age discrimination actually illegal?

Any information page on the protections of the Equality Act 2010 will list age among the protected characteristics, which it clearly is. But a host of provisions seem to make exceptions to this ...
0 votes
1 answer
64 views

What was the importance of Dr. Bower's attempts to purchase Brewdog's Pink IPA, both successful and unsuccessful, to his claim?

Could his claim still have been successful if he had only presented a printed advertisement showing the sexist promotional pricing scheme? To put it another way, if a black man took a picture of a ...
3 votes
1 answer
81 views

Do anti discrimination provisions apply to online as well as brick and mortar retail vendors?

Suppose a shop commits unlawful discrimination by selling products to only one race or only one sex, and a court rules that this constitutes direct unlawful discrimination. Now suppose that a website ...
0 votes
1 answer
48 views

Does the concept of reasonable adjustment apply to other protected characteristics than disability status?

In England businesses are required to make reasonable adjustments in the case of mental or physical disabilities so as to create an inclusive environment of equality. But are such adjustments required ...
0 votes
2 answers
151 views

Is it indirect discrimination or otherwise unlawful to maintain a menu that does not include vegan options?

A restaurant R has a menu of various things but does not include vegan options. As veganism is a protected philosophical belief under the Equality Act 2010 and the Grainger test, this omission affects ...
0 votes
0 answers
61 views

What factors could determine whether any type of ideological carnivorism would be a protected philosophical belief as well as veganism?

There seems a persistent intuitive urge to apply the broader principle of non discrimination within the equality act, which is to say that “if veganism is to be a PPB then so should carnivorism” in ...
4 votes
2 answers
188 views

Does anti-discrimination law apply to software licenses?

Related: Can a software license validly restrict place of use, or impose restrictions on the type or purpose of use As per the above thread, it seems like it is perfectly legal in the USA to attach ...
14 votes
2 answers
4k views

Is there anything to stop a private business from barring a previous customer who takes a civil action against it?

Suppose that a customer C sues a shop, S, for some reason or other, whether it be discrimination, negligence, or another reason. Or they make a claim but it gets settled by the business without going ...
1 vote
1 answer
55 views

Does the ADA require society to refer individuals suffering from addiction to mental healthcare?

I had a question cross my mind, and I asked Google to help me out. "Hey Google, is addiction legally a disability?" The answer met my ears in seconds: "Addiction is generally considered ...
  • 11
2 votes
2 answers
96 views

What is the legal status of New Zealand's tobacco legislation vis-a-vis the Human Rights Act of 1993?

The government of New Zealand recently passed a law aimed at eliminating tobacco usage. Rather than prohibiting the purchase of tobacco products altogether, the law instead prohibits their purchase by ...
  • 503
1 vote
2 answers
240 views

What makes something qualify as indirect unlawful discrimination versus simply being lawful practice?

Imagine that Nike makes a particular model/style of trainer, for example, called the Nike Jordan 4128s, which come in a men's and women's version respectively. They both normally retail for £200, but ...
6 votes
1 answer
157 views

Is it proper for a venue to refuse entry to “single gentlemen” after a certain time of day as a matter of policy?

A bouncer to a bar in an English urban centre claims that it is the establishment’s standing policy not to allow entry for lone male visitors who are not with another person after a certain hour in ...
1 vote
0 answers
31 views

Is cancelling Work From Home Gender/Disability discimination under the Civil Rights Act/ADA

I just read this article about Musk/Twitter being sued for gender discrimination for laying off more women than men: https://www.nbcnews.com/tech/tech-news/twitter-accused-targeting-women-layoffs-new-...
  • 1,786
2 votes
3 answers
235 views

How common are laws targeting holders of specific citizenships to disadvantage them?

I have been under the strong impression that, globally, laws that disadvantage people on the basis of their citizenship — barring immigration/visa laws — are extremely rare. In fact, I can't recall ...
  • 23.3k
5 votes
1 answer
191 views

Is there a prohibition on asking whether someone has historically been arrested on job applications?

It is common knowledge that many companies ask whether or not someone has been convicted of a felony on job applications. However, as a matter of curiosity, since someone arrested but found not guilty ...
3 votes
2 answers
154 views

Does the Civil Rights Act prohibit "unnecessary" college degree requirements?

Many jobs require applicants to have a college degree, when the skills developed at college are not necessary to do the job, and the degree is not required to be in any particular field. In Griggs v. ...
  • 6,662
0 votes
3 answers
218 views

Refusal of service to single customers

Bob walked past a restaurant and saw 35% of their tables are empty, so they are reasonably busy, but have plenty of open tables. He asks to be seated as a party of one, but is told in a most palpably ...
2 votes
0 answers
40 views

Does the acceptance of a 'legitimate aim' in the context of Article 8 ECHR also imply its acceptance in the context of Article 14 ECHR?

Suppose that the European Court of Human Rights qualifies a certain policy aim, such as the protection of the Member State's health system, as constituting a 'legitimate aim' in the context of Article ...
3 votes
4 answers
348 views

Is it lawful to offer smaller portions only to children below a certain age, by calling it a "children's menu"?

Suppose that one is ordering from a restaurant that offers full portions for £11 or half-sized portions on a section of the menu designated as for kids for £6. But suppose that one is over the ...
0 votes
1 answer
119 views

What laws cover offences against those with various sets of protected characteristics?

The Equality Act 2010 legally protects people against discrimination, harassment or victimisation based on nine "protected characteristics": age disability gender reassignment marriage and ...
-3 votes
2 answers
218 views

What would be required to overturn the Grainger test?

It seems to me the Grainger test seriously risks politicising the judiciary, leaving them to decide, quite undemocratically, in fact, on behalf of the populous what types of beliefs are or aren't ...
1 vote
1 answer
120 views

What is an example of indirect discrimination?

In another answer @JBently IIRC explained that if one was to offer only urinal facilities but no toilet stalls this would be indirect discrimination as it would have the effect of unfavorable ...
-1 votes
1 answer
120 views

Almost illegal termination

From another website: A is autistic but has always done a good job. The company gets a new manager M who hates autistic people. M fires A for some made-up reason. By coincidence the owner of the ...
  • 29.9k
-1 votes
2 answers
228 views

Is it unlawful discrimination to not provide faith-specific facilities?

Meet Charlie. Charlie is a devout Catholic and has a 10 hour layover in Narnia Airport. He decides that he will go and have a bit of restorative prayer at the Christian chapel provided. Now meet Dan, ...
1 vote
2 answers
135 views

I'm a victim of racism by the border police of Bulgaria [closed]

I was excited to visit Bulgaria, I flew all the way to Sofia (Bulgaria), but unfortunately, I was not able to enter it for no reason. I provided everything they wanted me to provide, but no luck (...
-5 votes
2 answers
126 views

Discriminated against by solicitations of donations for Ukraine at checkout

Meet Bob. Bob deeply opposes the world order of NATO imperialism and finds the Ukrainian NATO backed regime repulsive and abhorrent due to its perceived Nazi associations in his mind. (Bob vehemently ...
5 votes
1 answer
206 views

Can an employer make employment decisions based on who you live with?

This question is inspired by a question on Workplace Stack Exchange in which an employee of a German research institute was told by their boss's secretary: Hey, we pay you one of the top salaries in ...
  • 619
3 votes
1 answer
114 views

Why is there usually a six month time limit for bringing disability discrimination actions to court?

Kester Disability Rights note in a blog post of 25 Jun (page 6) that There is usually a six month time limit to get your case to court. What provision might they be referring to and where can I read ...
2 votes
1 answer
56 views

Native Amerian Hospitals on Tribal Land and EEOC antidiscrimination laws

My question is regarding Native American Hospitals located on tribal reservation land (Navajo Nation in AZ). The hospital is not IHS run, it is designation self-determination. However, it receives ...
  • 23
13 votes
5 answers
6k views

Alice's restaurant profiteering from those with allergies

Suppose Alice has a restaurant where she serves pies for £10. She can make them with gluten free bases for the allergic, and these bases cost her £3 over the regular ones' £0.5. However, to make one a ...
  • 867
4 votes
2 answers
164 views

Can a Web site owner prohibit men from accessing a site for religious reasons?

Is it legal for a woman who writes a religious blog to not allow men to access the site because of a belief that women should not teach men about religion?
  • 11.6k
1 vote
2 answers
68 views

Are community college instructors and students liable to the same anti-discrimination, Title IX laws as universities in the United States of America?

Are community college instructors and students in America subject to the same anti-discrimination, Title IX,non-sexual abuse, anti-hate-crime, identity, LGBTQ rights gender-abuse laws as universities ...
2 votes
2 answers
224 views

Is it legal to offer a scholarship only for female applicants?

Suppose an organisation offers training courses on a subject of general significance that could not in any stretch be said specific to either or the other gender. And it offers free spaces on it under ...
-3 votes
1 answer
124 views

Insane Shonda Rhimes coincidence: The last name of the lead actors of HTGAWM and Scandal match the last names in Washington v Davis [closed]

There's a cited court case in How To Get Away With Murder season 4, episode 13, called Washington v Davis. See here about the incorrect citation: In Washington v. Davis, your predecessors decided ...
  • 915
1 vote
2 answers
198 views

Is it now lawful to exclude people unable to wear face coverings from a public service or venue?

Until earlier this year there was guidance by the cabinet office instructing that mask mandates must not be applied to those who are according to the government's published definitions (effectively ...
0 votes
2 answers
248 views

LHBTI+ rights and swimwear

In much of the western world, decency laws require women to wear swimwear that covers their breasts; for men there is no such requirement. In jurisdictions that recognize individuals' self-...
  • 135
1 vote
1 answer
119 views

Would a politically vegan establishment denying entry to one donning pro-carnivore slogans be pursuing proportional means to a legitimate aim?

Would the desire to maintain a vegan "safe space" be enough to deny one who ardently believes in the medical importance of eating animal flesh entry to their establishment?
  • 867
3 votes
1 answer
112 views

Is there any lawful reason for a prospective landlord in Scotland to inquire of a potential tenant's nationality?

There's not more to this question than is in the title, unfortunately. As there is currently no right to rent procedure outside of England and Wales, does such a question but reek of unlawful landlord ...
-6 votes
1 answer
160 views

How are government actions held accountable to constitutional promises? [closed]

For instance, in the U.S., prosecution while promising the blessings of liberty constitutionally should determine rights through a precedence of innocence rather than protected classes, plea deals, ...
-1 votes
1 answer
105 views

Is the homes for Ukraine scheme in breach of the human rights act?

I can't really name it off the top of my head, but I want to say that there is an article of the HRA which prevents government policies and legislation itself from discriminating classes of people ...
0 votes
1 answer
77 views

Does California SB611 require Hollywood to hire more diverse talent?

I was reading a news article in which it was mentioned that there is a new bill (SB-611) proposing which will encourage racial and LGBTQ diversity and inclusion in movies. I have read the summary of ...
-7 votes
2 answers
181 views

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?
11 votes
1 answer
3k views

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 ...
0 votes
1 answer
198 views

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 ...

1
2 3 4 5 6