Questions tagged [discrimination]

Discrimination is the favourable or unfavourable treatment of a person or thing based on criteria other than individual merit - for example, gender, race, or other categories the person or thing belongs to. Not all discrimination is unlawful.

Discrimination is the treatment of an individual based on criteria other than their individual merit. While this can be favourable treatment, for instance affirmative action, common usage tends to refer to unfavourable treatment.

Many countries have legislated to make discrimination on some bases, for example, gender and race.

The Universal Declaration of Human Rights states that:

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

Other United Nations also seek to address certain kinds of discrimination:

  • International Convention on the Elimination of All Forms of Racial Discrimination
  • Convention on the Elimination of All Forms of Discrimination Against Women
  • Convention on the Rights of Persons with Disabilities
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Is it legal for a company to offer free coding courses to women only?

A company is offering free coding courses to women and non-binary individuals only. Is this kind of sex-based discrimination legal?
Lucien
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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 reason (that is, without having to establish "just cause" for…
BCLC
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Is it legal to lie about an illegal requirement?

As an example, its not legal to discriminate against a person of a certain race while renting out your house. So lets say an Asian person sees a house rented out with a "no Asians" condition. Would it be legal for them to "mask" themselves as a…
JonathanReez
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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 reasonably justified). However, some people have major…
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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 priori. Obviously, a person's language abilities…
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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), national origin, age, disability, and genetic information.…
TheEnvironmentalist
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Could New Jersey Really Ban Pennsylvania Drivers?

The official NJ governor account posted a tweet saying that PA drivers were banned from NJ. The tweet was an April Fools joke, but that made me wonder, could NJ really pass a law banning PA drivers? I know that seems ridiculous, but I don’t think…
SegNerd
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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 apply to race. The answer was that you can't insist…
dsollen
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Is it against the law to deny service based on (young) age?

My daughter was asked to leave a pet shop as she was unaccompanied by an adult and was under 14. She was in there with the intention of making a genuine purchase and there is no way she would have been doing anything that would be considered…
Darren
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Can a private company refuse to sell a franchise to someone solely based on being black?

This question was a result of a recent conversation regarding Chick-fil-A only selling their franchises to Christians. I thought that was discriminatory, but was told a private company can do anything they want because they are privately owned. I…
Tmac
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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 religion. Let's say that I have a Christian…
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Is mere accusation without evidence other than testimony of the accuser, grounds for arrest in the UK?

Several years ago I was stopped in public by the police. Someone had 'identified' me as abusing them in terms of their gender two years before that. Had that happened, I suppose it would have been classified as a hate crime. In fact, it was a case…
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Are homeless people protected by antidiscrimination laws?

I was in a restaurant in New Jersey (USA) recently and witnessed the owners telling a (possibly) homeless person that he couldn't come inside because he smelled too bad. Is this legal? More generally, are restaurants and other stores allowed to…
WillG
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Is being left-handed a protected class in US discrimination law?

This is based on a recent (but no longer available) question that was asked on The Workplace but was not well-received there. US federal law provides for robust protections from discrimination for many different reasons - race, gender, religion,…
Robert Columbia
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Is it legal to say "the University welcomes applications from all individuals who self-declare as a woman" in job post?

I saw a job post this week: The University of Regina is committed to development of a diverse and inclusive workplace that reflects the richness of the community that we serve. For this competition, the University welcomes applications from all…
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