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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In the US what is/are the legal definitions of 'workplace'?

According to this online USA guidance many US states give smokers the same sort of anti-discrimination class as for example pregnant mothers or other groups. Most states have some laws that protect ...
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Racist Remarks from Landlord Without Any Provocation. What can I do? [closed]

I live in an apartment leased from a property management company. My lease is up for renewal and I reached out to my leasing office asking for my renewal options. I was told that due to the ...
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Is employment discrimination crime, or tort, or what?

I just learned that, in the US, literally asking certain questions on a job interview (as opposed to making discriminatory decisions based on the answers to those questions) is illegal (as found here ...
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Job interview according to the laws of Washington State, USA

According to the laws of Washington State, USA; 1) Is it legal for a person to be asked their preferred pronouns during an candidate job interview? 2) Is it legal for a company to ask anything that ...
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Is a shopowner in Thailand allowed to ban someone from entering their shop on the grounds of their citizenship?

I read on https://twitter.com/RichardBarrow/status/1247426702214451201 (mirror): As a foreigner, it’s a good idea to carry your passport around with you. Some places like banks won’t let foreigners ...
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Color-blind handicap discrimination and EU law?

Every year in the USA, nearly 700,000 car accidents are reported by police as stop sign violations, accounting for 2/3rds of crashes. Stop signs are mostly red and for the 4.5% of people that are ...
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Is it “reasonable” to discriminate on the basis of “experience” in employment (anti-discrimination law)

Anti-discrimination statutes in most Western jurisdictions prohibit a broad range of age discrimination in employment. So far as I can see, most statutes of this kind draw a distinction between ...
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Exploratory: discrimination against character trait

What is the rationale for the scope of what EEOC prohibits discrimination against? More precisely, I have been fired for a trait of character (pessimism) that seems to me to be as much an integral &...
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California Unruh Act Medical Condition Definition

I was surprised to learn that the Unruh Act uses a really narrow definition of "medical condition" which only includes cancer and "genetic disorders." Los Angeles municipal code also protects AIDS ...
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2answers
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Pregnancy discrimination. Wife asked (but not forced) to quit job. What further actions can we take? [closed]

Not long after my wife informed her Lead she was pregnant, the Lead sat her down and encouraged her to consider quitting in order to be with the family. We plan to go to the HR department about this ...
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What constitutes as a place of “Public Accommodation”

In most anti-discrimination law, the term "public accommodation" comes up a lot, but the definition is vague at best. From what I gather it refers to all public (government-owned) establishments and ...
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Is it possible to charge two prices based on sexism

This is about Sri Lanka and business. A GYM sport business place(PowerWorld). Is it possible to advertise discriminant charges based on the gender. For females it's around : 7000/- LKR and for males ...
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Is it illegal to refuse a man to enter a Women's Only Poker Tournament?

I read a story about men entering women's only poker tournaments. One example from the article states that eight men joined the field of over 1000 female poker players in the $1,000 buy-in 2009 WSOP ...
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Can a prospective employer require you to pay to take a test as part of an interview?

I just red this question about having to pay to take a test for an interview. Is it legal? Must an employer reimburse? In general this site says an employer can't charge you a fee to start work.
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Discrimination against male cheerleaders

I'm sure the average NFL fan prefers to watch female cheerleaders, but how does hiring only women comply with our Civil Rights Act (which outlaws discrimination based on sex)? For the record, some ...
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1answer
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Discrimination, job application and essential requirements

Is it an act of discrimination when the employer rejects your job application, given that you a) belong to a protected group and b) can demonstrate experience in all the essential job functions (as ...
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Can a religious baker refuse service to an underage couple-to-be, in accordance with his deeply-held religious beliefs?

As previously asked, bakers in certain US states can legally refuse service on the basis of sexual orientation. For the purposes of this question, assume that the state is Colorado. Child marriage is ...
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Does what I describe constitute sexual harassment?

I went to see a therapist for help with my mental health and relationship issues, and after a series of events she spread open her legs in a sexually suggestive manner while telling me I was in a ...
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Direct deposit discrimination

My job has refused to process direct deposits for the employees at my current store. Other locations have gotten their direct deposits with no issue. It's been months and I've reached out to my ...
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Can my boss promise a job to someone before posting it?

I work in California. I'm due for a promotion for a supervisory role. Before the more senior employees were considered and one was promoted. I got word that my manager promised the job to my coworker ...
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Legal standing of pro-LGBT decor in stores

In this question, there are several items (such as decor) mentioned and recommended towards the end of making a business appear more LGBT-friendly. However, it is my understanding that the law DOES ...
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Legal hurdles to providing personalized service based on protected demographics?

I am a computer scientist and UI/UX designer working on a fun project - perfect interface discrimination. Essentially, in the same vein as perfect price discrimination, I want to create a system that ...
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1answer
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Can the racial/ethnic makeup of a company be used in a discrimination case?

Suppose a company is made up 100 employees, and that 75 of them are from the same ethnic background or race, say Jewish, or black. The company is in an industry that has nothing to do with that race, ...
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Legal status of corporate nondiscrimination policies

I work for an organization that has a standard nondiscrimination policy. They state that they are an Equal Opportunity Employer and list about 20 protected classes on the basis of which they ban ...
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Is the following nondiscrimination policy itself discriminatory against Christians? [closed]

Country: US State: Michigan Situation: I work for a large employer in Michigan. We have over 10,000 employees total. My employer bans discrimination on the basis of an incredibly long list of ...
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Conflict between a religious belief that accounts for the existence of transgender people vs. one that doesn't

Country: US State: Michigan Example: Ann belongs to a denomination that accepts the existence of transgender people as what they claim they are. Ann starts a company that grows to over 25 employees,...
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Could members of a minority use collective action to negotiate with racist employers?

Some employers are more frequently accused of committing unlawful discrimination. Since union membership can encompass multiple businesses and since union membership does not have to include every ...
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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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1answer
126 views

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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1answer
6k views

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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3answers
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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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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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(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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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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99 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
133 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
218 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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216 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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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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207 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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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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191 views

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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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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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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208 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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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 ...