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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1answer
216 views

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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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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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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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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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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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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4answers
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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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5answers
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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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541 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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247 views

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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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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1answer
201 views

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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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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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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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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2answers
191 views

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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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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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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146 views

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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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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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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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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1answer
111 views

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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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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6answers
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Is the requirement to have positive attitude discriminatory?

Many companies list "positive attitude" as a requirement for the candidates, including job positions that have nothing to do with customer service or management (for which jobs it could be ...
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2answers
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What laws allow social media companies to "choose" who to serve, but not brick-and-mortar business?

I'll say right away, I know this hot topic is politically divisive, but I'm hoping for a neutral explanation by people with experience. Social media companies (in addition to banks, payment processors,...
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Is not recognising a marriage based on gender of one person gender-based discrimination?

If a man A wants to marry B (a woman), their marriage will be recognised and certified by the authorities. But if he wants to marry C (a man), their marriage will not not certified. Is it gender-based ...
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Is mere accusation without evidence other than testimony of the accuser, grounds for arrest in the UK?

Several years ago I was stopped in public by the police. Someone had 'identified' me as abusing them in terms of their gender two years before that. Had that happened, I suppose it would have been ...
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Discrimination arguments against the Ministry of Education that imposes an ethnicity to pupil

Imagine the fictional Republic of Tratatoria is ethnically composed from Barmaliens, Turariens and Gluzariens. The Minister of Education of the Republic of Tratatoria considers himself as Gluzarien. ...
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Can a roommate be kicked out for being racist towards another roommate?

I share a rental unit with two other adults. We each have individual leases. One of them (call her Jane) is racist towards the other (call him Joe). They got along fine at first. Then suddenly Jane ...
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Can Hollywood discriminate on the race of their actors?

Under the Civil Rights Act of 1964 and later addenda, employers in the US "cannot discriminate" on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), ...
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Can a private company refuse to sell a franchise to someone solely based on being black?

This question was a result of a recent conversation regarding Chick-fil-A only selling their franchises to Christians. I thought that was discriminatory, but was told a private company can do anything ...
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1answer
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How do affinity groups (e.g., employee resource groups) not violate discrimination laws?

A lot of companies have these, Women's groups, Black groups, LGBT groups, etc. Some of these groups are open for non-identifying folks to join (e.g., as allies) but some are not. For the ones that are ...
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1answer
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Uncle Roger Brings Joy to the World or a Type Harrassment?

Title refers, Uncle Roger is getting more famous recently by doing YouTube shows reviewing other chefs' cooking especially on Chinese Fried Rice. In July 2020, he went viral globally from his ...
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2k views

What legal precedents exist in the US for discrimination against men?

What legal precedent if any, exists for men who have been discriminated against, on the basis of being men?
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238 views

Can a US company ask prospective American employees, contractors or partners about their country of birth?

I decided recently to sign up as a seller on Amazon.com. The first step of the registration process however, asks about the applicants "Country of Birth". Is this legal? That seems to ...
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2answers
4k views

Are "anti-exclusive" contracts legal?

Is it legal to have an "anti-exclusive" contract? By anti-exclusive, I mean a contract that says, for example: "This software can be used on any platform EXCEPT for X" For a real ...
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4answers
235 views

What actions can I take for discriminating against me (a right wing conservative) on job applications?

This question is hypothetical Say, I was denied several Jobs because of my beliefs as a right wing nationalist. I have made some comments in the past with regards to certain groups (mostly on ...
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Are benefits available only to people with certain mental health conditions legal in the UK?

I work in the UK. Recently, my employer introduced benefits for people with certain medical conditions (including mental health problems)—i.e., only people suffering from the condition would receive ...
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1answer
52 views

What happens when a public institution in the US engages in segregation?

After the passage of Civil Rights Act what's the formal process to bring charges against schools, government institutions, or businesses that engage in segregation or other variations of "...
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Discrimination outside protected characteristics?

I am an avid community user for a paid software. The users buy the software, but not access to support. The company makes a strong use of the friendly community in their product advertisements. The ...
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1answer
180 views

Is it an offence if the target of racism only appears to be of/from a different race, colour or national or ethnic origin?

Background This question was inspired by I was racially abused at a public park. What legal actions can I take?, although I am not asking specifically about that case. In that question someone, in ...
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I was racially abused at a public park. What legal actions can I take?

I was racially abused at a public park. Basically out of no where he called me a terrorist. I ignored him. After a while he came directly to me and ask me to go away and said this is Australia. The ...
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1answer
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HR is suddenly changing their opinion. Can this be considered an act of discrimination?

I had an email conversation with a HR considering an upcoming job interview that I was supposed to be scheduled for. In my last email I mentioned that I have a neurological condition that requires ...
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1answer
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Is it legal for a public US university to advise its employees to purchase from businesses owned by people of color?

A public US university I'm familiar with is promoting an anti-racism initiative. As part of this initiative, a web article posted on the university's diversity web portal (which was advertised in an ...
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2answers
7k views

Is it lawful for banks to turn away minors?

Is it okay for a bank to turn away minors solely based on age even if they have a parent/guardian to sign/co-sign on the minor's behalf? Would it be considered age discrimination?
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If an allegation is approved, does it mean that the statistics cited in the allegation is correct?

For an example excerpt, see the Schwake v. Arizona case, page 15: The University contends that the allegations of genderbased decisionmaking are conclusory because they lack the detail of the ...
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Does an HOA have a legal duty to treat all members equally?

Suppose several members of a community put up landscaping lighting along their driveway. Some time later a member files a request to place similar lighting along their own driveway, but is denied ...
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1answer
106 views

Ethnic discrimination in education by the State

I found a petition on the potential ethnic discrimination/division of children by the national Ministry of Education. The case describes a possible ethnic discrimination by the Ministry of Education ...
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9answers
7k views

How will anyone know if an employer fires an employee for an illegal reason?

From the Wiki article "At-Will Employment": At-will employment is a term used in U.S. labor law for contractual relationships in which an employee can be dismissed by an employer for any ...

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