70

Yes, it's legal. It would be lawful discrimination on objectively and reasonably justified grounds Here's why: On the face of it, this is a case of direct discrimination contrary to Section 13 of the Equality Act 2010: (1) A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or ...


41

It is age discrimination, and it is legal. There is a federal prohibition against discriminating in employment provided that you are at least 40 years old. There are innumerable laws that require age discrimination w.r.t. being under 18, such as the lack of a right to vote. Contracts with minors, such as are involved with opening a bank account, are ...


40

The EEOC web site has much information on this topic including summaries of close cases that have been decided in court. To determine whether allowing or continuing to permit an employee to pray, proselytize, or engage in other forms of religiously oriented expression in the workplace would pose an undue hardship, employers should consider the potential ...


38

The law doesn't distinguish between two Christians with divergent beliefs, or between an atheist and a Christian (obviously with divergent beliefs). The law simply does not care what religion you have, or whether you have one. The law just says "follow the law!". The complication is that part of the First Amendment which says that the law is to be neutral ...


38

There is a rather elaborate three step analysis that is done in civil rights cases under U.S. precedents. Circumstantial evidence, as opposed to direct evidence of discrimination (which is less frequently available to plaintiffs), is analyzed under a three-part test created by the Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). STEP ...


37

Yes this is legal. Under the Civil Rights Act of 1964, there is an exemption under Title VII - Equal Employment Opportunity that allows for discrimination based on a protected trait when there is a Bona Fide Occupational Qualification (BFOQ). The wording is such that it can cover a slew of jobs that have just cause to discriminate against someone in their ...


34

In most of the United States, the answer is yes. The First Amendment protects your freedom of speech from government interference, not from private interference. You don't have to be friends with someone who says "war sucks," and you can kick someone out of your house for opposing the invasion of Libya. But corporations enjoy mostly the same First Amendment ...


34

You should file a complaint with the police. If you complain to the police then they might do something. If you don't complain then they certainly won't. Are food trucks licensed? You might try complaining to the license authority. However go to the police first because the licence authority are unlikely to do anything without a police complaint. Even ...


34

Can a private company refuse to sell a franchise to someone solely based on being black? No. Racial discrimination in franchising by a private company in the United States is prohibited by 42 U.S.C. § 1981 and also under many state laws such as Cal. Civil Code §§ 51, 51.8, and is further informed by the definitions of 42 U.S.C. § 2000e. See also, this ...


33

united-states Totally legal, as long as whatever you're forbidding isn't a protected class (race, gender, etc.—the details vary by jurisdiction), or, to some degree, a pretense for one. A real-life example comes via a feud between two artists: Stuart Semple and Anish Kapoor. For reasons that are not particularly relevant to this explanation (other than ...


32

Anti-discrimination laws apply to certain protected classes only. Homelessness (real or assumed) is not one of them, so it is perfectly legal to bar such people from your premises. It is also perfectly legal to bar people with red hair (assuming this is not indirect discrimination against certain racial groups). Nobody is required to serve everybody who ...


24

Homelessness is a protected class in some jurisdictions. Rhode Island and Illinois, for instance, have each adopted a "Homeless Bill of Rights" establishing the following guarantees: (1) the ability to use and move freely in public spaces, including public sidewalks, parks, transportation, and buildings, among other spaces; (2) equal treatment by ...


23

To make a bank account you need to sign a contract. To sign a valid contract, a person needs to have the legal capacity to sign contracts. Minors are not able to sign most contracts. This is not illegal age discrimination under federal laws, it is a law for the protection of minors! Unless the minor is emancipated or the bank account is a necessity, the ...


20

Is mere accusation without evidence other than testimony of the accuser, grounds for arrest in the UK? It depends on the circumstances, especially when dealing with non-recent allegations where independent and corroborative evidence may be difficult to recover, but in my experience it is very rarely an option to arrest soley on the say-so of one complainant. ...


17

Not all discrimination is illegal. For instance, landlords discriminate against those who can't afford to pay the rent. They might discriminate against former tenants who destroyed several walls during their lease period. They discriminate against those with bad credit, and often might discriminate against the unemployed. Landlords often do discriminate ...


17

Most of these policies are illegal, though this isn't widely recognized Here's why: There are some added complexities here that Matthew's answer hasn't addressed, especially in the meanings of words like group and disadvantage. Let’s focus on the latter of the two and proceed by way of example. Suppose the evidence suggests that the members of a particular ...


16

In the US what is/are the legal definitions of 'workplace'? Absent a statutory or contractual definition, the plain meaning is adopted "unless doing so would result in absurd, unintended consequences", Hassell v. Bird, 5 Cal.5th 522 (2018). Pulaski v. California OSHA, 90 CalRptr.2d 54, 69 (1999) points out that "'[w]orkplace' is commonly understood as ...


16

From the Federal Racial Discrimination Act 1975: 18C Offensive behaviour because of race, colour or national or ethnic origin (1) It is unlawful for a person to do an act, otherwise than in private, if: (a) the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people; and (b) the ...


16

Contrary to another answer, as stated in footnote 13 of KNIGHT v. NASSAU COUNTY CIVIL SERVICE COMMISSION: It is true that Title VII allows employees to be classified on the basis of their religion, sex, or national origin if such a classification "is a bona fide occupational qualification reasonably necessary to the normal operation" of a ...


14

As cited by @xuhdev, discrimination on the basis of marital status is prohibited in Colorado. And, even though age is not on the list, the couple could claim that you discriminate them based on their marital status, whether current or would-be, and whether related to their age or not. Note that the reason why you discriminate is irrelevant: whether you do ...


13

Private entities are not restricted by the First Amendment. The First Amendment to the U.S. Constitution is: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for ...


13

This is explicitly prohibited under 42 USC 2000e-2(c) (c)It shall be an unlawful employment practice for a labor organization— (1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin; (2) to limit, segregate, or classify its membership or ...


13

Indeed, in the United States, employees without a written employment contract generally can be fired for good cause, bad cause, or no cause at all. The quickest answer would be that in cases where the employer has fired someone without due cause and they are indeed under no written contract, and their state does not protect them against such actions - and it ...


13

Witness statements are a form of evidence. It depends on what the statement was, for example "Chasly committed a verbal hate crime" is not sufficient evidence for an arrest. Sworn testimony that Chasly performed specific act constituting a crime could be sufficient evidence, e.g. "I saw Chasly bludgeon that person to death". The officer ...


12

The language argument about the constitution is that the Constitution uses the pronoun "he" in referring to the president – they would not have used the construction "he or she", or "s/he". Article I also uses "he" to refer to qualifications of representatives and senators (residency, age). Then in creating the office of predident pro tempore of the Senate, ...


12

Some are, some aren't. For instance, Title VII of the Civil Rights Act prohibits all employment discrimination on the basis of race, including discrimination against whites. On the other hand, the Age Discrimination in Employment Act explicitly only protects people who are at least 40, and the Supreme Court held that it only applies to discrimination against ...


12

In the US, there have been a few cases (EEOC v. The Children's Home, Inc., Michael W. Naylor v. City of Burbank) in the realm of employment discrimination. There may well be more cases which are settled without going to court. There are somewhat more court cases in the UK, see here for a number of relevant categories. In addition, there are significant cases ...


12

If Tratatoria has anti-discrimination laws, or provisions in its constitution forbidding discrimination, the Minister's actions might be illegal under them. But if it does not, or if it does not enforce whatever laws it may have, there is no international authority that can enforce any rule against discrimination. People and groups in other countries could ...


11

This potentially (i.e. almost certainly) runs afoul of laws against religious discrimination. However, you can have such a requirement provided you make an accommodation for those with sincerely held religious beliefs or practices against bacon-eating. You can also have such a requirement (despite the beliefs) if not having the requirement imposes an undue ...


11

Is it legal to have an "anti exclusive" contract? Yes. In general this legally equivalent to, and more efficient than, drafting a version for each imaginable type of entity with whom the offeror would be willing to enter a contract. RyanM's answer points out the exception where such clauses would be unlawful. But in the software scenario you ...


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