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 ...


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 ...


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 ...


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 ...


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 ...


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 ...


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

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 ...


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 ...


10

As a adult of sound mind, you are responsible for your actions. Background checks for job applications are common place to determine suitability. The employers have the right (and responsibility) to choose what is in their best interest. If through your previous and present actions, they come to the conclusion that you will become a liability to their ...


8

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." ...


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

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. ...


6

Bostock is irrelevant. Your friend can sue under Burlington v. News Corp. Burlington answered this exact question ten years ago, using exactly the same, well-established logic used in Bostock. Burlington involved a news anchor (Burlington) who was fired after using the N-word descriptively in a staff meeting. He sued under Title VII. He argued he was being ...


6

In your hypothetical situation, I'm not aware of any law that prohibits denial of service merely because of age. (But as other answers show, marital status discrimination might and might not be relevant here. If there is martial status discrimination, then the discrimination would be illegal.) Age for places of public accommodation is not a protected class ...


5

There are two kinds of evidence for discrimination. The primary evidence is direct, that is, statements by an employer, for example "We need to make sure not to hire a ___ for this position". The act of hiring a person that has a certain demographic property is never evidence for discrimination, because discrimination law treats all races and religions (etc) ...


5

Not all jurisdictions allow you to fire without a valid reason. But even places that do, there is a lower standard of proof in civil cases. Lawsuits only require the judge or jury believe it is more likely than not that the firing was for a bad reason (unlike a criminal trial where the standard is “beyond a reasonable doubt”). If you hire a male employee who ...


5

The reason to not make up a dumb cause for firing a person is that they will argue that you are discriminating on the basis of e.g. religion, and then the two sides will present their evidence. It is highly likely that if you have a hatred of the person's religion, you will have provided them with some kind of supporting evidence in the form of your behavior ...


5

Not in this case First, we are having an appeals court case that is filed against the dismissal of the real case - there had been no trial. It's a research into if there was a clear error of the court, not who would have won. The Appeals court decided to send it back to the district court with pretty much a direct order to have a trial and solve the issiue, ...


5

Political beliefs are not a protected class under either California or Federal law. A company is well within their rights to refuse to hire you for being racist.


4

This is an open question. California's Unruh Act prohibits discrimination in public accommodations on the basis of political affiliation. This same issue has come up previously, in a case where four neo-Nazis showed up wearing swastika pins at a German restaurant. When they refused to remove the pins, the restaurant called the police to remove them. The ...


4

No I don't see a case under Bostok there. The N-word is not associated with sex or sexuality. Bostok can't help you unless it's a sexuality case. In this case, we have a firing because someone was a white Bigot. He used the N-word, which is an insult, just as "my melamine-enhanced homie over here" shows the same sentiment towards people of color. ...


4

how does hiring only women comply with our Civil Rights Act (which outlaws discrimination based on sex)? It is compliant. The Civil Rights Act includes an exception where the discrimination or limitation based on sex (or any other protected category) "is a bona fide occupational qualification for employment". That exception is located at the end of 42 USC ...


4

As an interviewer and a hiring manager, I can safely say that you can be rejected for a position for many reasons, even if you meet all the criteria - there may simply be someone better than you that they have also interviewed. Being rejected when meeting the criteria does not necessarily mean you were discriminated against, and in order to successfully ...


4

Just to be clear, the initial linked Q&A does not show that bakers in certain US states can legally refuse service on the basis of sexual orientation, is concludes that federal law does not prohibit discrimination based on sexual orientation. Colorado law does. So in Colorado, you would be open to a discrimination lawsuit, if you specifically refuse to ...


4

Can a shopowner in Thailand ban someone from entering their shop on the grounds of their citizenship? The first tweet, explains the context properly: I’m at my local hospital this afternoon to get a medical certificate. My work permit expires soon and so I need to run around getting all the documents in order. At the hospital they wanted to check my ...


4

Yes, an HOA has a duty to treat all members equally You have my condolences. Dealing with an HOA board and/or fellow residents can be frustrating and exasperating. Unfortunately, as a practical matter, the high cost of legal advice often mean boards can ignore the law. In Pennsylvania, as everywhere, the Board of an HOA has a fiduciary relation to the owners....


Only top voted, non community-wiki answers of a minimum length are eligible