discrimination?

scherzo · Post by **scherzo** » Tue Mar 13, 2007 12:49 am

what can you legally discriminate on - when hiring someone?

Just curious is all

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Stasi · Post by **Stasi** » Tue Mar 13, 2007 1:08 am

The converse of whatever criteria it is illegal to discriminate based on when hiring someone:

- Title VII of the civil Rights Act of 1964 which disallows emplyment discrimination based on "race, color, religion, sex, or national origin"

- Age Discrimination in Employment Act of 1967

- Titles I and V of the Americans with Disabilities Act of 1990 which "which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments"

* Data from the EEOC website

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Chris Vogel · Post by **Chris Vogel** » Tue Mar 13, 2007 1:37 am

Aren’t you in Canada? Any legal question really depends on your jurisdiction.

If you are, the Canadian Human Rights Commission has a list. Several US states also ban discrimination based on sexual orientation and gender identity, Tennessee not being among them.

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Stasi · Post by **Stasi** » Tue Mar 13, 2007 1:53 am

Yeah, it's all about your jurisdiction... should be obvious my post was for those in US territories, and even then, only those things that federal law addresses. That said, if you're looking to do some discriminatory hiring, or feel you've been wrongly discriminated against while searching for employment, the last place you should look for legal advice is an internet forum like this one.

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scherzo · Post by **scherzo** » Tue Mar 13, 2007 11:20 am

Stasi wrote: Yeah, it's all about your jurisdiction... should be obvious my post was for those in US territories, and even then, only those things that federal law addresses. That said, if you're looking to do some discriminatory hiring, or feel you've been wrongly discriminated against while searching for employment, the last place you should look for legal advice is an internet forum like this one.

you have me wrong, I want to start a debate, not look for a job

In the hiring process all decisons must be discriminatory, the only issue is what can be used to make the decision?

so if we eliminate - age, sex, religeon, sexual orientation, disability, family status?

whats left?

from the top of my head - education, lifestyle, manors, experience

I'm sure there are others, and that is what i'm looking for. of course the idea is to start a debate and if you were to use education as the primary way to choose to hire someone - sounds like we have a visious circle

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Stasi · Post by **Stasi** » Wed Mar 14, 2007 11:03 pm

scherzo wrote:
Stasi wrote: Yeah, it's all about your jurisdiction... should be obvious my post was for those in US territories, and even then, only those things that federal law addresses. That said, if you're looking to do some discriminatory hiring, or feel you've been wrongly discriminated against while searching for employment, the last place you should look for legal advice is an internet forum like this one.

you have me wrong, I want to start a debate, not look for a job

In the hiring process all decisons must be discriminatory, the only issue is what can be used to make the decision?

so if we eliminate - age, sex, religeon, sexual orientation, disability, family status?

whats left?

from the top of my head - education, lifestyle, manors, experience

I'm sure there are others, and that is what i'm looking for. of course the idea is to start a debate and if you were to use education as the primary way to choose to hire someone - sounds like we have a visious circle

I guess I'm just not sure what there is to debate. I mean if something isn't prohibited by the laws of a region then you can infer that those things not covered by the laws are permitted. However, if you're looking to discuss the morality of making hiring decisions based on even legally permissible discrimination, then sure, there's something to discuss.

On that note, I don't have any problem with certain levels of discrimination. In fact, discrimination is fundamental to human nature and necessary in trying to ensure that the best people for a job (or other relationship) are chosen. In terms of hiring, health care, etc., discriminating against people based on superficial criteria is wrong.

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