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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Can a private school refuse admission despite the student having the requisite cut-off?

My brother is being refused admission to a school that I attended for 9 years. This is because when I was in school, the teachers traumatised me and we complained about it in a feedback form. The ...
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113 views

Terminated for significant other's religion

I want to be a bit vague on specific details and names as this is an active legal issue but in the state of Utah I was terminated a few months back after a couple years of employment for my ...
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85 views

Is arbitrary age-based pricing legal in Canada?

In Canada, can a company price its services based, arbitrarily (that is, even if the user's age has no demonstrable impact on the company's costs), on the age of the user ? So for example is a ...
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ADA and reasonable accommodations

https://www.eeoc.gov/facts/jobapplicant.html Q: Is it a reasonable accommodation to request to remove all the oral interviews for a candidate programmer who has, for instance, social phobia? Or the ...
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188 views

Diplomas Must Be Under 10 Years Old?

Full disclosure: This was a dumpster fire on Reddit, and I am just posting here to get a more nuanced opinion. I am not the original asker and I don’t know which US state. Supposedly, there is a tech ...
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48 views

Big Data - Analysis from the entire population - Disparate impact

I am reading Barocas, S., & Selbst, A. D. (2016). Big Data’s Disparate Impact. California Law Review. https://doi.org/10.2139/ssrn.2477899 Among other things, the article talks about the ...
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Are Ladies' Nights Legal?

I recently went to a Macado's, for karaoke night. When we went to enter, the lady said it would be a 2$ "Cover fee". I asked if it was for both of us (my gf and I), or total, and she said it was just ...
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Can I sue Lloyd's Bank on grounds of religious discrimination?

https://www.independent.co.uk/news/uk/home-news/lloyds-bank-removes-overdraft-fee-from-islamic-accounts-9291932.html Does a bank have the right to disadvantage clients (overdraft charges) purely on ...
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Are there legal definitions of ethnicities/races?

I recently came across several unrelated articles discussing Afro-American topics in the USA. The topics were various, but generally around positive/negative discrimination, oppression (real vs felt), ...
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59 views

Concealing Medical Conditions from Employer

If an employer asks an employee or prospective employee to fill out and sign a health declaration form (very common in the medical field) like this. If the employee is afraid that revealing their ...
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260 views

Is it legal to discriminate due to the medicine used to treat a medical condition?

I will present two different scenarios. Lets say Bob has PTSD from his time in the military. He wants to become an FBI agent. Here are the following requirements from the FBI to qualify; - Must be a ...
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Is it discriminatory to operate a real-estate website catering for a specific non-English language in the US?

My understanding of US discrimination laws is that the wording of the real-estate listing must not discriminate by race, color, religion, sex, handicap, familial status, or national origin. If a ...
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802 views

Can a LGBT person sue the parents of a child who refuses to sell lemonade to them?

According to Wikipedia, running a lemonade stand is a business. If a child has been instructed by his/her parents not to sell lemonade to a LGBT person, can the LGBT person sue the child's parents ...
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Are Protected Classes Bi-directional?

In the US, are protected classes "bidirectional"? For example, it's illegal to discriminate against veterans. Does that also mean that it is illegal to discriminate against non-veterans? In my ...
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129 views

How hard is it to sue and win an employer wrongful termination or other suit

A person was hired for computer programming work. He was hired on salary. It was expected to be a full-time, 40 hours per week thing. The company has traditionally, when asking people to work a ...
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Can a Non-EU citizen who worked in a EU country with specific work permit have the right to apply to ECHR for workplace discrimination?

I am a citizen of Turkey, not of the EU. I worked in Ireland with a Critical Skills Employment Permit. I sued my employer for Workplace Discrimination. I decided that the case was not dealt with ...
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106 views

What questions can be asked in interview? Can questions that can be used to illegally discriminate be asked?

I'm part of a group that gets job openings for short term contract gigs, often done in retail environments. During the interviews or online application process, a lot of companies ask for rather off ...
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118 views

Can typical US employers legally fire green card holders for refusing to apply for naturalization?

8 USC §1324b(a)(3)(B) makes it illegal for employers to discriminate against permanent residents, unless said permanent residents have failed to apply for naturalization within 6 months of becoming ...
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Can a US bank disallow a lawful permanent US resident from opening an account?

Can a US bank disallow a lawful permanent US resident (LPR) from opening an account? Definition of lawful permanent US resident: Lawful permanent residents (LPRs), also known as “green card” ...
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268 views

Neighbors are spying for landlord on Renters is it legal? [closed]

Can a landlord legally spy on their tentants? Or Have Neighbors constantly spy for landlord
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95 views

Washington v Davis in How To Get Away With Murder

In How To Get Away With Murder S04E13, a character says In Washington v. Davis, your predecessors decided that even if a law has a discriminatory effect, it is unconstitutional if that was not ...
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247 views

Is there a legal definition of race in the US? [duplicate]

As an example, let's say someone with 1/16 of African American heritage applies for a minority scholarship at a US university. Can the university then proceed to sue the scholarship recepient on the ...
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207 views

Is it legal for stores to discrimate against customers based on uniform?

I am a legal-aged student in my country (Australia, so I am 18,) after school I enter a liquor store with the intention to purchase. I am stopped at the door and told that I will not be allowed to ...
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How do concepts like intent, discrimination, and bias apply to an Artificial Intelligence agent?

Background I work at a financial institution in the United States and have been researching the regulatory impacts of Artificial Intelligence recently - specifically the simple purpose-specific ...
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228 views

Is it legal to deny employee reimbursements for meat?

WeWork appears to have instituted a policy where they prohibit their budgets from being used for purchases of red meat, pork and poultry, citing sustainability. www.theguardian.com/environment/2018/...
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How do I blow the whistle for discrimination that I'm part of and partially responsible for? [closed]

DP = Discriminated Person I've spent the last several years helping multiple Silicon Valley, Austin and other tech companies discriminate against qualified persons of color, females, and the disabled....
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Can a psychotherapist offer lower rates to African-American clients as reparations?

I have a friend who has started offering lower rates to African-Americans, as her contribution to reparations. She is a psychotherapist in private practice. My loose understanding is that civil ...
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Is is possible to be prosecuted for lying about race on the US Census?

Lying on a US Census is a federal crime. But according the US Census online docs about race: An individual’s response to the race question is based upon self-identification. The Census Bureau does ...
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Why does the Masterpiece Cakeshop opinion keep citing the age of the incident?

The Supreme Court decision on Masterpiece Cakeshop vs Colorado Civil Rights Commission keeps noting, not just that the original incident happened in 2012, but that the legality of things had since ...
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Can private institutions fire employees without concern for the First Amendment?

The First Amendment doesn’t apply to private institutions. Private employers can fire employees for their speech without having to worry about the First Amendment. What the NFL’s new rules for ...
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Is it possible to discriminate in hiring if you never advertise?

Small businesses often just hire people they know and trust, which just seems like sensible risk mitigation. But what about if the business keeps growing this way (above "small business" thresholds)?...
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Retaliation by boss for reporting a proof-of-life photo to the police

I came across two sketchy photos while developing a customer's photo order today. Both photos show an elderly woman in her 80s lying in bed with a copy of today's newspaper lain on her chest, both ...
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198 views

Can landlords discriminate against potential tenants based on their current profession?

Simply enough, is it illegal to not rent to someone based on their current profession?
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388 views

In the US, is it illegal to pay different employees different amounts for the same work?

My colleagues and I recently discovered that new hires for our position are being recruited with a salary that is 20% higher. Thus they are being paid more than us even though we have as much as 5 ...
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Employment termination and pay back [duplicate]

I was referred to here from workplace, needing legal advice (I understand it is not replacing a lawyer- I'm working on that). I was recently fired from an employer in Texas, US (after 9 months) due ...
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1answer
180 views

When can jobs discriminate against a protected class?

In Canada the Human Rights Act protects against discrimination relating to race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability ...
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163 views

Can private companies deny buying firearms for persons under 21? [duplicate]

Several companies have changed policies requiring you be 21 years old to buy firearms. I am wondering if refusal of service of persons under 21 s similar to a baker/florist refusing service based ...
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568 views

Can companies add their own age restrictions to sales?

In recent days, two very large companies have decided to require that gun buyers be at least 21 years of age [Reuters]. I understand that the government can add age restrictions to sale of certain ...
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Are women only scholarships legal under Irish / EU law?

As a student of a software engineering course I tend to receive tech related emails. Over the last year I've received 3 scholarship related emails of which all were titled with something along the ...
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Is it legal for an employer to ask a potential hire about his foreign citizenships?

During the job interview process, is it legal for an employer to ask an applicant what foreign citizenship(s) he holds, if any? In other words, citizenship that is not necessarily relevant to the job (...
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Have the CDC and NIH ever been sued for lack of attention to African American and Native American mortality?

Have the Center for Disease Control and the National Institute of Health ever been sued for ignoring the low life expectancy of African Americans and Native Americans, or sued to force the agencies to ...
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Does it violate any federal or state discriminatory laws if prospect employer bases their offer on person's current salary?

There are federal discriminatory laws that prevent companies from basing their hiring decisions on gender, religion, race, etc. If prospective employer bases their decision on what a prospect ...
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1answer
163 views

How much authority does Department of Justice has over sexual harassment cases inside a private company?

In the recent exposes about Harvey Weinstein, a pattern of executives and assistants aiding him to prey on females have been reported. Whether it be his offices, his hotels or his restaurants, few ...
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Why is there an apparent legal bias against digital services?

Over the years, many websites - mostly file-sharing websites - have been taken down due to the users using the service for less-than-legal activities. Most of these websites posted well-visible ...
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1answer
195 views

Can a school be sued for getting rid of spring break? (Is scheduling classes on Passover or other religious holidays discrimination?)

In most schools in the US, there's a "spring break" or "spring recess" that coincides with Passover. It is my understanding that under Jewish law, Jews can't attend classes during Passover or certain ...
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263 views

Are gender identity and sexual orientation federally protected?

This conservative outlet makes a somewhat good point: No law designates homosexuality and gender confusion as federally protected civil rights. Just like the disguise of a “drag queen,” the ...
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209 views

Is selling a product at a different price per country discrimination (and thus illegal)?

If a company sells a product globally, but wishes to set the price of that product differently per country, is that discrimination or legal? The business reason is, it is more profitable to sell to ...
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Providing services to only nationals (eu country)

Within the EU, are there any provisions which discuss how businesses should/are allowed to treat customers based on type of residence. Context: First heard about a shop which was refusing to sell to ...
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Does this Job Posting Violate Any Laws Enforced By The EEOC? (U.S.)

Below is a picture from a job posting. They specifically state "No felonies". Does this violate any laws enforced by the Equal Employment Opportunity Commission? Are felons part of a protected class?
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343 views

What protects civilians from police corruption and lying if there isn't any video evidence?

Can't a police officer arrest someone on the street for anything and just lie about what happened? For example, there are some drugs found near someone walking down the street. An officer just ...