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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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70 views

USA apartment rent application: is it legal to require employment?

When applying to rent an apartment in any state of the USA, is there any federal regulation that prevents the landlord from requiring the applicant to provide a proof of past/present employment, while ...
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What is a 'creed' for purposes of New York City's public accommodation anti-discrimination code?

Aside from the federal anti-discrimination law, New York City has its own more restrictive anti-discrimination laws, which seem to include more protected classes and which also seems to have a much ...
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What are the limits of religious freedom in the workplace?

Federally in the US, only race, sex, and religion are protected classes, i.e. it's illegal to make employment decisions (hiring/firing/salary/promotion/etc.) on the basis of a worker's race, sex, or ...
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Are homeless people protected by antidiscrimination laws?

I was in a restaurant in New Jersey (USA) recently and witnessed the owners telling a (possibly) homeless person that he couldn't come inside because he smelled too bad. Is this legal? More generally,...
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Is my employer liable for discrimination by forcing me to have desktop wallpaper that hurts my eyes?

My employer forces all work computers to use the same desktop wallpaper. Currently it is very high contrast and the colors are over saturated. It causes eye fatigue and makes text on the desktop hard ...
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2answers
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Is price discrimination based on age legal in the EU?

Article 21(1) of the EU Charter of Fundamental Rights states that: Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion ...
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1answer
63 views

(UK) Legal vs. Illegal discrimination

This is merely a hypothetical situation. However, I would like to better understand when it is legal to discriminate and when it is illegal. In this example, a job/role requires applicants to ...
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1answer
32 views

Are there legal barriers to academic departments in the US choosing to act themselves in cases of sexual harassment or related incidents?

My understanding of Title IX is that it is a federal law that requires, among other organizations, universities, to ensure that women are not denied equal opportunities. In order to ensure ...
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1answer
81 views

Exclusion based on Ethnicity, a Private event in a Public Space

I was sitting in a bar when a social event sponsored by a certain ethnic group's club began. Accompanied by the bar's owner, the event organizer requested that I leave because I was not [of that ...
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2answers
128 views

College tuition Discrimination based on family income

Why can a college charge higher tuition rates for rich kids vs poor or middle class kids? Isn't this discrimination based on family income? A rich person pays the same amount as a poor person when it ...
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1answer
204 views

ability to eat bacon as a job requirement

Let's say, I'm starting my own company and consider to hire some people. May I or may I not put the ability to eat bacon as a job requirement for every employee? If I did so, how many lawsuits would I ...
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Can a business run a contest that excludes residents of certain states?

Suppose a business in a state wants to run a contest for its customers. For this example, say it's a snowshoe race. However in order to make the competition more interesting, they want to limit the ...
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1answer
201 views

Is it illegal to block people on Instagram?

Is blocking certain people while allowing everybody else to view some content discrimination and violate anti-discrimination laws.Also is not being able to consume information available on a public ...
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1answer
86 views

Pay Discrimination Legal Grounds

The U.S. Women's National Soccer Team is suing the U.S. Soccer Federation for gender discrimination. The suit alleges several types of discrimination, but my question specifically pertains to the ...
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159 views

My religion discourages use of direct deposit, but my state allows employers to mandate direct deposit. How should I navigate this situation? [closed]

Banking entities have been actively marketing to businesses in my state, attempting to get as many of them as possible to abandon traditional pay-stub-and-check payroll in favor of debit cards the ...
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1answer
166 views

Class action left handed lawsuit?

Left or right hand dominance is congenital. Suppose a child incurred a disorder such as dyslexia from being taught to use the non-dominant hand (as many have been due to the lack of left handed ...
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How is the EEOC “four-fifths rule” discrimination rule applied when rates are small?

The U.S. Equal Employment and Opportunity Commission (EEOC) in their UNIFORM GUIDELINES ON EMPLOYEE SELECTION PROCEDURES specifies: A selection rate for any race, sex, or ethnic group which is less ...
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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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1answer
124 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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1answer
97 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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3answers
202 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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1answer
71 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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277 views

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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3answers
260 views

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
62 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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1answer
268 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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2answers
150 views

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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2answers
852 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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228 views

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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2answers
164 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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1answer
35 views

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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114 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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1answer
131 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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2answers
196 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
498 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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1answer
104 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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1answer
299 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
218 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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3answers
243 views

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
279 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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1answer
119 views

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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115 views

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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1k views

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
122 views

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
245 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?