All Questions
Tagged with employment discrimination
71
questions
6
votes
1
answer
117
views
What if someone goes on protected leave and their employer thus realizes they don't need them?
Say that Ash works for Big Co. and goes on some kind of legally protected leave (FMLA leave, parental leave, etc.) because of some protected characteristic (such as having acquired a disability and/or ...
- 3,511
1
vote
0
answers
128
views
Is it illegal to restrict types of shifts available to women?
The scenario I'm imagining is a part-time job, where there's no sex discrimination in the actual hiring based on sex, but the type (and possibly) quantity of shifts available is restricted by sex. ...
- 125
-2
votes
1
answer
91
views
Q: Age discrimintation?
Q: Age discrimination?
Can a federal employer post a job opening without mentioning anything about age requirement (between the ages of X-Y at the start of the position)? Adding equal opportunity ...
-3
votes
4
answers
921
views
Are anti-piercing (like a nose ring) rules by employer sueable?
I suppose employers can enforce dress codes, but they also can't obviously discriminate against people who have piercings or tattoos. So, what's the line here? If an employer requests an employee to ...
- 436
2
votes
0
answers
39
views
When are companies allowed to discriminate based on age, sex, race, religion, sexuality, etc.? [duplicate]
I'm pretty sure that, at least in California, there are anti-discrimination laws in place, and you can't just not hire someone because they belong to X protected class.
But on the other hand, there ...
- 4,171
1
vote
3
answers
223
views
Religion is a "protected class" in California. Does that extend to things like homophobia/transphobia due to religion?
In California, I'm pretty sure employers aren't allowed to discriminate based on religion (e.g. you can't not hire someone just because they're Jewish). In other words, religion is a "protected ...
- 4,171
3
votes
1
answer
188
views
Can an employee sue their employer for retaliation in the United States even if the employee didn't report the discrimination to their employer first?
Suppose an employee, Jane, works for a company in the United States and experiences discrimination or harassment from a supervisor or coworker. Jane is afraid to report the behavior to her employer ...
- 648
5
votes
1
answer
208
views
Is there a prohibition on asking whether someone has historically been arrested on job applications?
It is common knowledge that many companies ask whether or not someone has been convicted of a felony on job applications. However, as a matter of curiosity, since someone arrested but found not guilty ...
- 310
5
votes
2
answers
316
views
Does the Civil Rights Act prohibit "unnecessary" college degree requirements?
Many jobs require applicants to have a college degree, when the skills developed at college are not necessary to do the job, and the degree is not required to be in any particular field.
In Griggs v. ...
- 9,306
4
votes
1
answer
428
views
Can an employer make employment decisions based on who you live with?
This question is inspired by a question on Workplace Stack Exchange in which an employee of a German research institute was told by their boss's secretary:
Hey, we pay you one of the top salaries in ...
- 1,010
-6
votes
2
answers
272
views
How can I legally avoid recruiting a specific nationality/ethnicity?
Suppose I have a tech company and I don't want to recruit people of a specific nationality (say, Hungarian) or ethnicity (say, East Indian).
Is there any legal way to do that?
- 734
11
votes
1
answer
3k
views
Can English accent be part of discrimination?
Suppose, a tech company in the USA uses AI software to test if a candidate has a certain accent (e.g. standard American accent, Southern British accent, etc.). The candidate has to attain a certain ...
- 734
1
vote
1
answer
214
views
Mandating belief in an unsupported empirical claim under UK employment law
Is the following scenario proscribed by UK law:
An employer mandates that all employees complete an online learning activity. This includes an educational document followed by a multiple choice quiz ...
- 19
5
votes
3
answers
5k
views
Are individuals who identify as non-human animals members of a protected class?
This question is inspired by the following question over on Academia.SE: Should students' nonhuman identity be taken seriously in classroom settings?
The U.S. Equal Employment Opportunity Commission ...
- 258
1
vote
1
answer
117
views
Medical marijuana patient protection from drug test: actual effectiveness of the law?
I'm under the impression that in Pennsylvania, medical marijuana users are protected from employer discrimination:
No employer may discharge, threaten, refuse to hire or otherwise discriminate or ...
- 123
23
votes
3
answers
11k
views
Can a racist business owner legally get away with saying he only wants to hire people that 'look white'?
This is a belated follow up to an earlier question where I asked how one can get away with hiring actors of an appropriate race when BFOQ (Bona Fide Occupational Qualifications) exceptions do not ...
- 8,500
3
votes
2
answers
209
views
Can employer ask about medical information such as vaccines (not specifically COVID19)?
Regarding employers asking for proof of COVID19 vaccination, my friend argued this is illegal because they aren't allowed to ask for other medical information (such as vaccination against Hepatitis C) ...
5
votes
1
answer
377
views
Can a church-run university terminate employees because of their religion?
There are a number of churches in the United States that operate universities, and I understand that these universities are legally permitted to give preference to members of the church when hiring ...
- 754
3
votes
1
answer
136
views
Does Age Discrimination Apply to those over the age of retirement (US)?
I know that it is illegal to discriminate solely on the basis of age in the hiring process. I know that it is intended to help those that are over 40. But does it still apply to those over the age ...
0
votes
2
answers
1k
views
Would it be legal in New York to only hire from Harvard Law School?
The premise of the television programme Suits relies on a New York law firm so élitist that it only hires Harvard Law School graduates, and rejects all other applications.
In real life, would this be ...
27
votes
5
answers
10k
views
Is it legal for employers to hire only native speakers?
I recently learned that there are some companies (for instance, certain editing, writing, or translation services) that explicitly refuse to hire non-native English speakers for certain positions a ...
- 523
7
votes
5
answers
2k
views
Allowable Discrimination For Jobs
Just lately I realized that anti-discrimination/equal opportunity legislation only applies to proscribed categories of discrimination grounds, e.g. race, ethnicity, gender, orientation, age, etc.
Up ...
- 264
2
votes
1
answer
259
views
Is employment discrimination against obese people legal?
Some scientists have proposed links between obesity and personality traits, e.g.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2914627/
More self-controlled boys and girls are less likely to become ...
- 1,300
10
votes
6
answers
6k
views
Is the requirement to have any type of degree or certain amount of years worked discriminatory?
I am mostly curious about qualified candidates that cannot prove their skill, because they cannot get it to the interview.
I'm a developer, but the question is not focused on IT. I've had two cases to ...
- 217
28
votes
6
answers
7k
views
Is the requirement to have positive attitude discriminatory?
Many companies list "positive attitude" as a requirement for the candidates, including job positions that have nothing to do with customer service or management (for which jobs it could be ...
- 439
26
votes
4
answers
10k
views
Can Hollywood discriminate on the race of their actors?
Under the Civil Rights Act of 1964 and later addenda, employers in the US "cannot discriminate" on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), ...
- 2,185
0
votes
1
answer
344
views
How do affinity groups (e.g., employee resource groups) not violate discrimination laws?
A lot of companies have these, Women's groups, Black groups, LGBT groups, etc. Some of these groups are open for non-identifying folks to join (e.g., as allies) but some are not. For the ones that are ...
- 113
6
votes
5
answers
329
views
Can a US company ask prospective American employees, contractors or partners about their country of birth?
I decided recently to sign up as a seller on Amazon.com.
The first step of the registration process however, asks about the applicants "Country of Birth".
Is this legal?
That seems to ...
- 498
-5
votes
4
answers
276
views
What actions can I take for discriminating against me (a right wing conservative) on job applications?
This question is hypothetical
Say, I was denied several Jobs because of my beliefs as a right wing nationalist. I have made some comments in the past with regards to certain groups (mostly on ...
- 1,511
2
votes
1
answer
272
views
HR is suddenly changing their opinion. Can this be considered an act of discrimination?
I had an email conversation with a HR considering an upcoming job interview that I was supposed to be scheduled for. In my last email I mentioned that I have a neurological condition that requires ...
- 21