All Questions
36
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
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
-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
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
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
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 ...
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
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