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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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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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1answer
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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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241 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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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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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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1answer
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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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1answer
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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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1answer
111 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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158 views

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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1answer
156 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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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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1answer
241 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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1answer
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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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1answer
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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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1answer
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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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2answers
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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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1answer
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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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1answer
168 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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372 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
176 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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2answers
155 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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1answer
499 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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0answers
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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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2answers
91 views

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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2answers
86 views

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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1answer
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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
137 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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1answer
66 views

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
185 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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1answer
207 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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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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0answers
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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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2answers
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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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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 ...
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2answers
134 views

Can creed be used as a protected philosophical, but not religious belief, to prevent firing?

Specifically, can white supremacy be considered a creed as it is a widely held philosophical belief?
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1answer
209 views

Seating in a restaurant: discrimination?

I am an Asian. I went into a restaurant. There were full of empty tables. I tried to seat in one of these table. Then the madame of the restaurant came to me and asked whether I would be having a ...
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1answer
263 views

How is discrimination by an employer litigated in the United Stats?

Assume that the complainant has sufficient proof of racial discrimination in their workplace, and wishes to have it investigated. What is the regular course of action in such case in the United ...
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1answer
449 views

I'm being discriminated against by my roommate, can I legally do anything about it?

A few weeks ago, one of my roommates chose to disclose to the other roommate (someone I don't trust, and tell no personal information to) that I am a carrier of Herpes (HSV-2), to which she freaked ...
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2answers
7k views

Can an employer legally require a female employee to wear a bra? (USA)

There seems to be some discussion of this elsewhere on the web, but it's scant on citations to actual regulations or cases. To narrow the scope, let's say that the female employee dresses so that the ...
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2answers
443 views

Is it legal to deny a priest a job because he's atheist

Hypothetically, if you had an Atheist looking to make money by becoming a priest, would the church be legally allowed to deny him the job because of his religion (or lack of), assuming he's still ...
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0answers
125 views

Under ADA, are size or weight disabilities?

Within the context of the US ADA, are a man or woman's size or weight considered disabilities? What is the threshold? For example, could a 7' 2" male weighing 300 pounds be considered disabled? In ...
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1answer
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Is stating preference for women or people of color on Twitter for a job listing discrimination?

Something I've seen become more common is for folks working at a company to promote a job listing on Twitter, etc. and to say something along the lines of "I'd love to see more women/people of color ...