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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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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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 ...
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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-...
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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 ...
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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 ...
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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. ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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, ...
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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 (...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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?
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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 ...
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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 ...
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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 ...
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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 ...
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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-...
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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?
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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 ...
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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, ...
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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 ...
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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 ...
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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?
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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 ...
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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 ...
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