56 votes

Can women also go shirtless in public legally?

In April 2017, a US District court on Colorado ruled that a law prohibiting women from exposing their breasts in public was an unconstitutional discrimination against women. The law was ordinance 134 ...
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  • 92.8k
36 votes

Can Hollywood discriminate on the race of their actors?

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 ...
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  • 16.4k
32 votes
Accepted

Are homeless people protected by antidiscrimination laws?

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 ...
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30 votes

Can women also go shirtless in public legally?

Relating to your UK tag. Arrests for mere nudity in the UK tend to be under the Public Order Act 1986, which prohibits behaviour that is "threatening, abusive or insulting within the hearing or sight ...
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29 votes
Accepted

How is anti discrimination legislation reconciled with freedom of contract?

Freedom of contract has always been subject to current law. A contract to hire a hitman has never been legal. Neither was a contract to invade one of the royal monopolies that the English kings used ...
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  • 92.8k
25 votes

Are homeless people protected by antidiscrimination laws?

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) ...
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  • 44.3k
17 votes

Can Hollywood discriminate on the race of their actors?

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, ...
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  • 1,054
13 votes
Accepted

Could members of a minority use collective action to negotiate with racist employers?

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 ...
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  • 160k
9 votes
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Can women also go shirtless in public legally?

Specifically regarding the question "let's say this goes to the Supreme Court". In Minor v. Happersett, which admittedly was back in 1875, the Supreme Court ruled that 14th Amendment "Equal ...
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6 votes

Are homeless people protected by antidiscrimination laws?

Was the individual prevented from entering because he was homeless or because he smelled bad? It seems that conclusions about the individual's living arrangements may not be the most relevant factor ...
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  • 169
5 votes

How is anti discrimination legislation reconciled with freedom of contract?

Racial discrimination was first outlawed by the Civil Rights Act of 1875, but in the Civil Rights Cases, SCOTUS ruled that the Constitution does not empower Congress to outlaw racial discrimination by ...
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  • 160k
4 votes

Can Hollywood discriminate on the race of their actors?

Yes, it's legal. In a movie or theater production, the race of an actor is a relevant choice for the artistic message the director wants to convey. Not the genetic background, but the real appearance. ...
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  • 13.8k
4 votes

What is "racism"?

The term "racism" is a political one, not a legal one, which refers to a belief. It is not illegal in the US, and it is a belief that is protected under the First Amendment. There is a legal ...
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  • 160k
4 votes
Accepted

Why is a business allowed to refuse a customer?

Why is a business allowed to refuse a customer? Because also freedom of contract is a right. Except for discrimination on the basis of protected categories, a person or entity is entitled to ...
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3 votes

Why are legal fees not unconstitutional where equal protection clauses exist?

How does it not go against the equal protection clause? People had argued poverty is an analogous ground but it is not recognized. You may find the arguments outlined in William Head Institution v. ...
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  • 2,820
3 votes
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Are marketplace lenders subject to fair lending laws?

In the case of the ECOA, yes. The law applies to any person who, in the ordinary course of business, regularly participates in a credit decision, including banks, retailers, bankcard companies, ...
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  • 134k
2 votes
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Impartiality of the law

Any society that makes rules will make rules that generally favor the people in power. Police are an essential component of a system that is built to maintain power for the people who are powerful, ...
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  • 44.3k
2 votes
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What does "animus" mean in legal terms?

Read the last quote that you just posted. "in the absence of" means "without". The phrases are trying to say that there are two ways to discriminate. willfully, knowingly aiming to exclude ...
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2 votes

How do laws affecting racial and gender justice programs work?

In general, the US government (federal, state, or local) may not provide disparate treatment of people based on race or sex. There are very limited circumstances in which a government program may be ...
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  • 92.8k
2 votes

Why are legal fees not unconstitutional where equal protection clauses exist?

Equal does not mean free Courts are not allowed to discriminate: the fees charges are the same for everyone. Rich people don’t pay more or less than poor people to access the courts. They may be able ...
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  • 152k
2 votes

Why are state senators not elected by county?

The US Senate was designed to entice the smaller states to surrender their sovereignty by ensuring that they would always have a relatively powerful voice in the national government. The various ...
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2 votes

What part did the supreme court play in codifying the rights of veterans at a constitutional level?

The Supreme Court hasn't really played much part in codifying veterans' rights at the constitutional level, because veterans do not really have any constitutional rights beyond those the rest of the ...
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  • 44.3k
2 votes
Accepted

Is this really an explanation of Equal Protection of Law?

There are indeed some problems with the teacher's explanation as given in the question. First, the company is not a State that make laws or a Court which tries anybody. That is absolutely correct. ...
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  • 92.8k
1 vote

Why are state senators not elected by county?

It used to be that some US states did exactly this. In a series of cases kinitially known as the "one man, one vote" cases (later "one person, one vote"). The US Supreme Court held ...
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  • 92.8k
1 vote

Why are state senators not elected by county?

The Legal Information Institute at Cornell Law School has an online summary of the "one person, one-vote rule". Since counties have different numbers of people living in them, if each county ...
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1 vote

Why are legal fees not unconstitutional where equal protection clauses exist?

People have argued that such legal fees are unconstitutional. Court fees that are a "obstacle that prevents some people from benefitting from the law as much as other people" have been found ...
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  • 111
1 vote
Accepted

Does it violate equal protection for the prosecution to use crossdressing as evidence of intent to commit prostitution?

Does it violate equal protection for the prosecution to use crossdressing as evidence of intent to commit prostitution? No. Crossdressing was not the (or a) reason why the police officers arrested ...
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1 vote

Could members of a minority use collective action to negotiate with racist employers?

It seems very unlikely that this scenario is legal. A press release from the EEOC in Feb. 2019 JACKSONVILLE, Fla. - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it ...
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  • 7,361
1 vote

Why does the government have the burden of proof in equal protection cases?

The premise of the question is unsound. See, e.g., Alexander v. Bozeman Motors, Inc., 2010 MT 135 (Montana Supreme Court 2010) which held (in support of the overwhelming majority rule) that statutes ...
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  • 134k
1 vote
Accepted

sexual assault, intoxication, consent

Is the other legally liable? Yes, if found guilty by a court of law. How is it decided? By triers of fact and law, generally in a court. What conditions must be met to hold one as the ...
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