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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22
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3answers
8k views

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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1answer
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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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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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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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Why are “no pet” clauses allowed in leases?

Why are "no pet" clauses legal in the US but not in Toronto? At least according to this site, in Toronto you can't disallow pets. I started thinking of it and its actually a little absurd. Trying ...
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Discriminatory practices for tobacco use?

This is kind of a tricky question, or situation rather. (TLDR-skip to bold) I am a clerk at a retail establishment that sales cigarettes, as well as food and home products. My main job duty is ...
7
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1answer
440 views

In the UK can a job search be limited to women only

As a spin off from this question on Academia.SE, under the Equality Act of 2010 can a UK employer limit a job to only women? That question has additional aspects that are not relevant to my question. ...
7
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1answer
243 views

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 ...
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2answers
412 views

Is it legal to organize a female-only event, assuming the topic isn't gender-specific?

I've recently seen a few "female-only" lectures about technical topics, organized by companies that try to promote the presence of women in engineering. While I don't feel like I'm discriminated (...
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4answers
4k views

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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2answers
323 views

What types of “discrimination” are illegal?

I once took a psychology course where the professor pointed out that the word "discrimination" can be more broad than the way it is generally used. For example, it can be considered discrimination ...
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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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Can an employer require employees be Christian?

One of the "essential duties and requirements" for this job posting on Stack Overflow is: Maintains a personal, active relationship with Jesus Christ and is a consistent witness for Jesus Christ ...
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3answers
309 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 ...
6
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1answer
211 views

Legal to treat customers differently based on where they live?

I work at a hotel in the United States (Georgia). Some of our rooms are pretty nice while others are in desperate need of maintenance, pest control, etc. The owner of the hotel regularly tells me not ...
6
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1answer
365 views

Can one apply to be a Hooters Girl for a free settlement?

As per discussion at Is it legal to let people search for professionals by gender?, it was mentioned that customer satisfaction and preferences alone do not justify a Bona Fide Occupational ...
6
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1answer
504 views

When is it okay as a retail store owner to refuse service to a customer?

I was reading about the bakery that has been fined for refusing to provide a cake for a lesbian couple: http://jezebel.com/bakery-that-refused-to-bake-cake-for-lesbian-couple-mus-1715747809 ... and ...
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3answers
678 views

Can non-employees ask prohibited questions of a job candidate?

This answer on Academia gave rise to a legal question. Situation: Academic employer is hiring for a position As part of formal process of hiring they allow students (not employer's employees) to ask ...
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1answer
1k views

Is it legal to let people search for professionals by gender?

Prompted by the list of injunction demands from a recent lawsuit against Uber, I'm curious whether or not it's legal in California, Texas and elsewhere to discriminate on a profession such as a barber ...
5
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1answer
603 views

Have there ever been examples of public school's restriction of community service being unlawful?

My school's community service policy (while ambiguous throughout the whole thing) Seems to me to discriminate against not only religions, but my religion specifically. The particular clause I'm ...
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3answers
242 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
742 views

Was it formerly illegal for a woman to be president of the United States?

Was there some statute or other law a century ago that said only males could serve as president? If so, when did that change (if in fact it did)?
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1answer
726 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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3answers
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Why do some US States have a different age of consent for each gender?

Utah and 8 other US States have different ages of consent for each gender. Why is this?
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2answers
287 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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Strict Scrutiny: Narrowly Tailored vs. Least Restrictive

In debates about racial discrimination, the strict scrutiny test is applied to ensure that a government law or policy does not infringe on the rights of an individual. Laws and policies can be ...
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1answer
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Can a company vary its prices for individuals based upon their race, gender, or sexual orientation?

With the growth of the technology industry and lack of skilled computer professionals, there's been a rapid rise in the number of for-profit providers of short term courses in various computer science ...
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1answer
129 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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2answers
310 views

Religious Freedom, Housing, and Apostasy

I was raised in the LDS (Mormon) church and am an official member. I am currently attending college and rooming in an apartment complex owned by said church. To make a long story short, I am now ...
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2answers
670 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 ...
3
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1answer
117 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 ...
3
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1answer
630 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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3answers
313 views

Is an “unmarried with no dependents” employer or higher education requirement discrimination?

It looks like service academies in US have some extensive requirements such as "Unmarried with no dependents or financial debt". How is this justified? I would expect a higher education institution/...
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1answer
155 views

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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2answers
195 views

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
305 views

Can religious institutions discriminate when selecting their own clergy?

According to the U.S. Equal Employment Opportunity Commission, it is illegal to discriminate against a current employee or candidate based on race, color, religion, sex (including gender identity, ...
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2answers
1k views

Does an employee terminated for refusal to say “Be Blessed” have grounds for legal action?

The owner of a local fast-food restaurant has enacted a new policy that requires employees to say "Be Blessed" to all customers as they leave. If an employee refuses to say it, disciplinary action is ...
3
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1answer
187 views

Does the Fair Housing Act restrict landlords from offering incentives to educated tenants?

Can a landlord in the U.S. offer a special deal to move in tenants who, let's say, have Ph.D.s or Master's degrees? Is this legal?
3
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1answer
35 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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2answers
9k 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 ...
3
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1answer
4k views

What is a 'creed' legally?

'Creed' is a 'protected characteristic' with respect to discrimination or harassment, at least in some U.S. jurisdictions or for some private employers. The Wikipedia article "Creed" defines it thus: ...
3
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1answer
178 views

Is hiring based on appearance as well as skills allowed?

Suppose I run a Japanese restaurant business, and I would like to hire a live-kitchen chef who would be making food in front of the customers. Of course I would like to get a chef who is very skilled ...
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3answers
2k views

Is it legal to discriminate in employment based on needing future sponsorship?

Currently I have work authorization to work in United States and I am actively looking for a job. I was contacted by a recruiter of a "too big to fail" company and they asked whether I am authorized ...
3
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1answer
233 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 ...
3
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1answer
135 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
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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 ...
2
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1answer
215 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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2answers
11k views

Can a store accuse me of something and ban me without proof?

A chain store that I frequent has banned me from their store, citing that I was seen stealing merchandise. I've NEVER stolen anything from their store (or any other store of this chain) before, and ...
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2answers
184 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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2answers
870 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 ...