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 ...


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 ...


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 ...


33

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 ...


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 ...


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

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 ...


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 ...


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 ...


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 ...


10

It may be discrimination; not all discrimination is illegal. Details vary by jurisdiction, for example discrimination on the following bases is illegal in Australia: race colour sex sexual preference age physical or mental disability marital status family or carer’s responsibilities pregnancy religion political opinion national extraction social ...


9

Your bank is not discriminating against you. Your reasons for not having the required amount of funds pass thru your account has nothing to do with your marital status. In general, it's problematic to make a chain-of-cause-and-effect argument for discrimination. For example. Your argument is analogous to the following. My boss fired me for being late ...


9

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, ...


9

In theory, a store can ban you or anyone else for any reason except those protected by law against discrimination. As a practical matter, you potentially have various forms of recourse. The first thing to do is to write the the CEO of the chain, with a long detailed letter describing the incidents, and naming names. Most CEO's don't want to deal with this ...


9

Is this true? The word "employers" suggests that he's using the word institution to include businesses. Yes. So can a person working for a grocery store or drugstore be fired for saying "I didn't support the invasion of Libya" or wearing a shirt that says "War sucks"? Yes. Virtually all of the rights in the federal constitution are only protected ...


9

This policy would appear to have a disparate impact on workers age 40 and older, given that most workers obtain degrees in their 20s and few obtain a second degree later. Workers age 40 and older are protected from employment discrimination under the ADEA. Policies with a disparate impact may be considered discriminatory, but not necessarily. The EEOC rule ...


8

1) Bob could disclose the PTSD condition and seek accommodation for it (in reality, controlled narcotics aren't actually used to treat PTSD but it isn't hard to imagine a situation where another controlled substance, e.g. ketamine, was used to treat this or some other Americans with Disabilities Act recognized disability and the absence of that disability ...


7

In the U.S. it is legal to "discriminate" against tenants for any reason not explicitly forbidden by law. Your question contains good examples of why a property owner would legitimately want to discriminate. HUD enforces federal anti-discrimination law. Presently: Federal law prohibits housing discrimination based on your race, color, national origin,...


7

There are exceptions to the Title VII prohibition, which "does not apply to discrimination by a religious organization on the basis of religion in hiring and discharge. The exemption applies to an organization whose 'purpose and character are primarily religious.'" In all other respects, a religious organization is bound by the law that everyone else must ...


7

In the US, there are separate regulations pertaining to different forms of discrimination for employment, thus there is no one-size answer. For sex, 29 CFR 1604.7 states: A pre-employment inquiry may ask “Male........., Female.........”; or “Mr. Mrs. Miss,” provided that the inquiry is made in good faith for a nondiscriminatory purpose. Any pre-...


7

This question fundamentally is not about religion in any way. Based on your question, Christine would not be discriminating against people from Ann's own sect, only against transgender people. If Ann has reason to believe that Christine will behave in a discriminatory way to transgender people, Ann can legitimately exclude her to prevent harm to other ...


7

At the federal level, employment discrimination as prohibited here is at its core a tort rather than a crime. Probably the most pertinent first part of the law is Subpart B, which encompasses procedures. The EEOC (Equal Employment Opportunity Commission) may receive allegations of a violation, and there is a procedure for deciding on the merits of the case. ...


7

Neither a tort nor a crime Torts are civil wrongs. Crimes are offences against the state which are deemed criminal. Both have roots in common law although in many jurisdictions they have been codified. The cause of action for unlawful discrimination is statute law. That is, it is what it is because the statute says it is. The offence against the state is a ...


7

You cannot sell the same goods or services at different price points based on gender in the EU Council directive 2004/113/EC required members to implement local laws to "prohibit discrimination based on sex in the access to and supply of goods and services" and it "should apply to both direct discrimination and indirect discrimination." ...


6

Even though student status is not on the list of protected classes, this still might be discrimination. By proxy. Status as student can be a proxy for age, race, and/or color. Maybe even religion if there is a religious school nearby! In fairness to the store manager, when a pack of ten kids comes rolling in on the way home from school things can get ...


6

It is not legal for an employer to discriminate on the basis of sex anywhere in the US (see http://www.eeoc.gov/laws/types/sex.cfm). Exemptions exist where the discrimination is for bona fide occupational qualifications and, irrelevantly, religious reasons. It is completely legal for a consumer to discriminate on the basis of anything they want to. It is ...


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