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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If a U.S. state legalized murder in a discriminatory way, how could the courts remedy that?
This is apparently very hypothethal question. According to the answers to the question "Could a state legalize murder?", theoretically, a U.S. state could legalize murder (of course, it ...
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Does anything like “indirect discrimination” or the “duty to make reasonable adjustments” exist in the U.S.?
The U.K. Equality act 2010 introduces a notion called “indirect discrimination.” Basically it’s things that one does that disproportionately affects individuals possessing a protected characteristic (...
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Is it legal to discriminate against people over a certain age? [duplicate]
A restaurant reserves certain items on its menu for individuals under a certain age.
The equality act 2010 specifically makes allowances for age discrimination against people under the age of 18. But ...
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Q: Age discrimintation?
Q: Age discrimination?
Can a federal employer post a job opening without mentioning anything about age requirement (between the ages of X-Y at the start of the position)? Adding equal opportunity ...
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Is it legal for me to ask people who are applying to work for me if they were in a sorority in college and not hire them if they were? [closed]
Long story short, I have issues with sorority girls dating back to when I was younger that I don't really want to elaborate on here. I have little to no problem with fraternity brothers, and so I ...
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Can I sue my local law enforcement agency for gross negligence in reference to their handling of domestic violence against me?
What rights does someone have against law enforcement when this person has been discriminated against by law enforcement officers' lack of actions and the continued allowance of severe abuse and ...
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What type of liability exists for gender discrimination in pricing for a contractor's services and under what conditions?
Suppose that business A contracts business B to perform some work for it on a regular basis. This work is performed for the customers of business A at their request. For concreteness, business A might ...
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Can selective assertion/enforcement of legitimate rights be discriminatory?
A shop exists where a tonne of shoplifting takes place by people of all races. But the security guard only calls the police on the black shoplifters.
A pawn shop gives collaterally secured loans to ...
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Can a contract stop part-time employees (but not full time employees) getting a second part-time job?
I am currently considering a funded PhD post. They allow both full-time and part-time applications. They were very clear that if you do the PhD part-time, you at not allowed to do any other paid work, ...
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Are the US consulates obligated to provide reasonable accommodations for medical conditions (for non-citizens)?
I see that some consulates have information about this on their websites for instance, but some don't. Are they obligated to provide such accommodations by the law, or it's a merely at-will decision?
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Is police discretion subject to the Public Sector Equality Duty (PSED)?
Polly the police officer is charged with monitoring and policing a large demonstration which is evenly split between pro-X and anti-X factions. Or alternatively lets say it is dominated by ...
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Is the reasoning of the decision deeming ethical veganism a protected philosophical belief available to read?
I recall reading it at one point suggesting yes, but haven’t been able to find it in searches. It was a preliminary issue hearing, not one to decide the substantive case. Are these decisions normally ...
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Is there or will there be any written reasoned decision in the preliminary issue ruling of Kirsty Ayre on protection of opposition to CRT?
Judge Kirsty Ayre in the employment tribunal has ruled that ACAS employee Sean Corby’s oppositions to critical race theory are a protected philosophical belief under the equality act 2010.
Where can ...
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Can dress codes arbitrarily/unilaterally define types of garments?
A foodservice venue prohibits men wearing nothing but a pair of spotted boxer shorts, and perhaps a tank top (commonly called undershirts) or T-shirt, on the basis that it “is underwear” (what makes ...
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Is it lawful to maintain different, independent dress codes for male and female guests to a business/venue? [duplicate]
Some venues/events will specify dress codes for each sex by defining the male code as smart casual and females should wear cocktail dresses etc.
But what if these are less congruent, where females are ...
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Why are "sex" and "place of birth" omitted in some of the clauses of the Indian constitution?
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.—(1) The State shall not discriminate against
any citizen on grounds only of religion, race, caste, sex, ...
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Is there any jurisdiction where political views are a protected characteristic?
My understanding is that in most places in the US, it is generally legal to discriminate on the basis of political views or expression. For example, a restaurant owner could refuse to serve a customer ...
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Are anti-piercing (like a nose ring) rules by employer sueable?
I suppose employers can enforce dress codes, but they also can't obviously discriminate against people who have piercings or tattoos. So, what's the line here? If an employer requests an employee to ...
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Do practices, criteria, or provisions applied not of A’s own initiative but by statutory mandate have relevance to the Equality Act?
The equality act in various contexts including those concerning indirect discrimination and the duty to make reasonable adjustments, refers to “practices, criteria or provisions” that may be applied ...
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Must a request for reasonable adjustment under the Equality Act 2010 explicitly invoke the act that created the duty?
The Equality Act 2010 obliges public service providers to provide reasonable adjustments to the disabled in the provisions of their offered service.
What conditions invoke this as a binding duty? Must ...
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Is prosecutorial discretion subject to the public sector equality duty?
The Equality Act 2010 creates a duty on public sector entities to have consideration for equality in all decisions they take. Does this bear on prosecutorial offices and their exercises of ...
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Is it illegal to hire by age in the US?
Maybe one of the fields that has the most "ageism" is programming and software engineering jobs.
There were multiple times I hear of the CEO or SVP at the final approval stage: "we want ...
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Can restaurants charge differently based on customer's language?
I greeted some Chinese friends who just arrived at an airport. They were hungry after a long flight so we ate lunch inside the airport. We sat down and opened the menu in Chinese. We ordered some food ...
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Have any regulations been made under s22(2)(b) EA2010?
Section 22(2)(b) of the Equality Act 2010 allows for certain regulations. Have any been made thereunder?
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Is it the case that married and civilly-partnered people are protected under the equality act while single people are not?
Section 8 Equality Act 2010 seems to define the protected characteristic as solely applying to people who in fact are married or partnered, but my impression was that one could not be lawfully ...
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What are non-physiological aspects of sex?
Section 7(1) equality act 2010 refers to “physiological or other aspects of sex.”
What are these other aspects of sex? In other words, what does this “or other” clause refer to?
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Does this definition of harassment have any legal basis?
Does the following definition of harassment have any legal basis?
The gym’s dignity and inclusion policy states:
“Harassment is a form of unlawful discrimination. It is unwanted conduct related to a ...
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Legal challenges against age-restricted housing
It’s fairly common when looking for real estate to see “adults only,” “seniors only,” or “55+” restrictions for strata/condominium properties. I would expect this to be a cut and dried case of ...
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May my business notify Christians that we won't serve them?
Hypothetically, suppose that I own and operate a small business in Colorado which expresses artwork for clients and that I do not want to express Christian concepts because I am a Satanist. Might it ...
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Is feminism a discrimination-protected philosophical belief?
Is there any legal authority as to whether feminism is protected under the equality act as a characteristic of philosophical belief? If not one addressing the question directly, either with respect to ...
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When are companies allowed to discriminate based on age, sex, race, religion, sexuality, etc.? [duplicate]
I'm pretty sure that, at least in California, there are anti-discrimination laws in place, and you can't just not hire someone because they belong to X protected class.
But on the other hand, there ...
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To what extent was the Equality Act 2010 shaped by or did it “implement” legal provisions of the EU?
The DPA 2018 was passed pursuant to the EU GDPR to achieve uniformity across the EU in relation to matters of personal data. The unfair contract term regulations too were passed to implement EU ...
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Do anti discrimination laws bind overseas service providers when the victims of their discrimination are in the jurisdiction of the law?
Bob lives in Birmingham or perhaps Madrid. He joins an online club operated by an overseas entity based in Peru, or perhaps Chicago.
They incidentally find out that he is black and promptly cancel his ...
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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 ...
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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 ...
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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 ...
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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 ...
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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, ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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