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
32
votes
9
answers
7k
views
How will anyone know if an employer fires an employee for an illegal reason?
From the Wiki article "At-Will Employment":
At-will employment is a term used in U.S. labor law for contractual relationships in which an employee can be dismissed by an employer for any ...
- 921
7
votes
4
answers
1k
views
Can a White Person sue for Discrimination after being Fired for using the N-Word?
After the landmark Bostock v. Clayton County ruling, I am asking for a friend if he has an action against an employer who fired him for using the N-word on 3 occasions as well as uttering "my ...
- 217
9
votes
1
answer
2k
views
In the US what is/are the legal definitions of 'workplace'?
According to this online USA guidance many US states give smokers the same sort of anti-discrimination class as for example pregnant mothers or other groups.
Most states have some laws that protect ...
- 195
8
votes
4
answers
3k
views
Is employment discrimination crime, or tort, or what?
I just learned that, in the US, literally asking certain questions on a job interview (as opposed to making discriminatory decisions based on the answers to those questions) is illegal (as found here ...
- 27.8k
2
votes
1
answer
332
views
Job interview according to the laws of Washington State, USA
According to the laws of Washington State, USA;
1) Is it legal for a person to be asked their preferred pronouns during an candidate job interview?
2) Is it legal for a company to ask anything that ...
- 21
3
votes
1
answer
231
views
Can the racial/ethnic makeup of a company be used in a discrimination case?
Suppose a company is made up 100 employees, and that 75 of them are from the same ethnic background or race, say Jewish, or black.
The company is in an industry that has nothing to do with that race, ...
- 498
-1
votes
1
answer
263
views
Is the following nondiscrimination policy itself discriminatory against Christians? [closed]
Country: US
State: Michigan
Situation:
I work for a large employer in Michigan. We have over 10,000 employees total. My employer bans discrimination on the basis of an incredibly long list of ...
- 531
13
votes
4
answers
7k
views
Conflict between a religious belief that accounts for the existence of transgender people vs. one that doesn't
Country: US
State: Michigan
Example:
Ann belongs to a denomination that accepts the existence of transgender people as what they claim they are. Ann starts a company that grows to over 25 employees,...
- 531
23
votes
1
answer
7k
views
What are the limits of religious freedom in the workplace?
Federally in the US, only race, sex, and religion are protected classes, i.e. it's illegal to make employment decisions (hiring/firing/salary/promotion/etc.) on the basis of a worker's race, sex, or ...
- 333
0
votes
2
answers
323
views
My religion discourages use of direct deposit, but my state allows employers to mandate direct deposit. How should I navigate this situation? [closed]
Banking entities have been actively marketing to businesses in my state, attempting to get as many of them as possible to abandon traditional pay-stub-and-check payroll in favor of debit cards the ...
1
vote
0
answers
78
views
How is the EEOC "four-fifths rule" discrimination rule applied when rates are small?
The U.S. Equal Employment and Opportunity Commission (EEOC) in their UNIFORM GUIDELINES ON EMPLOYEE SELECTION PROCEDURES specifies:
A selection rate for any race, sex, or ethnic group which is less ...
- 111
4
votes
1
answer
207
views
Terminated for significant other's religion [closed]
I want to be a bit vague on specific details and names as this is an active legal issue but in the state of Utah I was terminated a few months back after a couple years of employment for my ...
- 51
0
votes
0
answers
172
views
ADA and reasonable accommodations
https://www.eeoc.gov/facts/jobapplicant.html
Q: Is it a reasonable accommodation to request to remove all the oral interviews for a candidate programmer who has, for instance, social phobia? Or the ...
- 439
0
votes
1
answer
99
views
Big Data - Analysis from the entire population - Disparate impact
I am reading
Barocas, S., & Selbst, A. D. (2016). Big Data’s Disparate Impact. California Law Review. https://doi.org/10.2139/ssrn.2477899
Among other things, the article talks about the ...
- 1,616
2
votes
1
answer
123
views
Concealing Medical Conditions from Employer
If an employer asks an employee or prospective employee to fill out and sign a health declaration form (very common in the medical field) like this.
If the employee is afraid that revealing their ...
- 143
1
vote
1
answer
363
views
Is it legal to discriminate due to the medicine used to treat a medical condition?
I will present two different scenarios. Lets say Bob has PTSD from his time in the military. He wants to become an FBI agent. Here are the following requirements from the FBI to qualify;
- Must be a ...
- 5,519
1
vote
2
answers
294
views
How hard is it to sue and win an employer wrongful termination or other suit
A person was hired for computer programming work. He was hired on salary. It was expected to be a full-time, 40 hours per week thing.
The company has traditionally, when asking people to work a ...
- 800
1
vote
1
answer
77
views
Can a Non-EU citizen who worked in a EU country with specific work permit have the right to apply to ECHR for workplace discrimination?
I am a citizen of Turkey, not of the EU. I worked in Ireland with a Critical Skills Employment Permit.
I sued my employer for Workplace Discrimination. I decided that the case was not dealt with ...
- 11
1
vote
1
answer
197
views
What questions can be asked in interview? Can questions that can be used to illegally discriminate be asked?
I'm part of a group that gets job openings for short term contract gigs, often done in retail environments. During the interviews or online application process, a lot of companies ask for rather off ...
- 13
3
votes
1
answer
345
views
Can typical US employers legally fire green card holders for refusing to apply for naturalization?
8 USC §1324b(a)(3)(B) makes it illegal for employers to discriminate against permanent residents, unless said permanent residents have failed to apply for naturalization within 6 months of becoming ...
- 1,520