What are all current forms of legal discrimination?

[alchemize]

Here are the rights I know of, guaranteed by our constitution (as amendments)

1) Religion, Press, Free Speech (First amendment)
2) Race, color, or previous conditoin of servitude (15th)
3) Womans suffrage (19th)
4) Age to vote (18) (24th)

All other "rights" have been granted by legislation or judicial review, correct? The major one being the civil rights act, and the ADA. So employment "protected" categories include:

1) Race, gender, religious belief, national origin, veteran status,
2) Disability

So is it correct to assume anything outside the above is legal discrimination, as the law currently stands?

edit: This would be in the context of contractual or commerce related. For example, employment, providing goods and services, etc.

 

[Train]

discrimination is legal, and is protected by the 1st ammendment. A person can say "I hate all XXXXX people" or "All XXXX people are stupid" and they have not broken any laws.

The only time in which discrimination is illegal, is for situations such as employment, govt grants, education, access to public resources, etc. You cant interview someone for a job and say "I wont hire you because your [gay/straight/black/white/asian/hispanic/arab/jewish/christian]" or "I've denied your welfare application because you are [etc..]"

 

[dullard]

Originally posted by: alchemize
All other "rights" have been granted by legislation or judicial review, correct? The major one being the civil rights act, and the ADA. So employment "protected" categories include:

1) Race, gender, religious belief, national origin, veteran status,

Remember, those rights I left above only apply if you work for an employer who has 15 or more employees. If your employer has 14 or fewer employees, then even discrimination due to race, gender, etc are legal.

 

[alent1234]

there are tons of ways to legally discriminate

In NYC most of the co-op boards have nice rules like requiring a 20% downpayment on your mortgage in order to buy an apartment in the building. They will also have rules requiring a certain amount of liquid assets. Before you buy you fill out an application and a full background check is done on you. You also have to submit to a full financial disclosure like showing your bank statements, tax return etc. Then you state everyone who will live in the apartment and they all show up for an interview with the board, similar to a HOA. Including pets. If the board thinks your kids are too noisy they can deny you.

 

[Darkhawk28]

Originally posted by: Train
discrimination is legal, and is protected by the 1st ammendment. A person can say "I hate all XXXXX people" or "All XXXX people are stupid" and they have not broken any laws.

The only time in which discrimination is illegal, is for situations such as employment, govt grants, education, access to public resources, etc. You cant interview someone for a job and say "I wont hire you because your [gay/straight/black/white/asian/hispanic/arab/jewish/christian]" or "I've denied your welfare application because you are [etc..]"

You mean bigotry is legal... discrimination is not.

 

[Train]

Originally posted by: dullard

Originally posted by: alchemize
All other "rights" have been granted by legislation or judicial review, correct? The major one being the civil rights act, and the ADA. So employment "protected" categories include:

1) Race, gender, religious belief, national origin, veteran status,

Remember, those rights I left above only apply if you work for an employer who has 15 or more employees. If your employer has 14 or fewer employees, then even discrimination due to race, gender, etc are legal.

I wouldnt say they are "legal", its just that a company with less than 15 eomplyees is too small to be be a cross section of the community, so trying to enforce AA would be ridiculous. If I only had 1 employee, and fired him/her for being a "Stupid [insert racial/ethnic slur]" then I could be sued over that.

Note this does not cover UNPAID employees, i.e. volunteers for non-profit orgs. Since its not really a job, and the person receives no pay, I could let them go if I dont agree with them, simple as that.

 

[Train]

Originally posted by: Darkhawk28

Originally posted by: Train
discrimination is legal, and is protected by the 1st ammendment. A person can say "I hate all XXXXX people" or "All XXXX people are stupid" and they have not broken any laws.

The only time in which discrimination is illegal, is for situations such as employment, govt grants, education, access to public resources, etc. You cant interview someone for a job and say "I wont hire you because your [gay/straight/black/white/asian/hispanic/arab/jewish/christian]" or "I've denied your welfare application because you are [etc..]"

You mean bigotry is legal... discrimination is not.

pretty much the same thing. When I was in grade school, I wasnt aloud to sit at a certain table at lunch because I wasnt the same color as the kids sitting there. Legal discrimination. (wasnt ok with the school of course, but legally the kids didnt have to sit with anyone they didnt want to, and since they based thier decision on my race, it was discrimination)

 

[alchemize]

Originally posted by: Train
discrimination is legal, and is protected by the 1st ammendment. A person can say "I hate all XXXXX people" or "All XXXX people are stupid" and they have not broken any laws.

The only time in which discrimination is illegal, is for situations such as employment, govt grants, education, access to public resources, etc. You cant interview someone for a job and say "I wont hire you because your [gay/straight/black/white/asian/hispanic/arab/jewish/christian]" or "I've denied your welfare application because you are [etc..]"

I edited the OP a little to clarify. I believe you can deny someone employment because of their sexual orientation, there may be some issues with some state level and government contracts.

 

[Train]

Originally posted by: alent1234
there are tons of ways to legally discriminate

In NYC most of the co-op boards have nice rules like requiring a 20% downpayment on your mortgage in order to buy an apartment in the building. They will also have rules requiring a certain amount of liquid assets. Before you buy you fill out an application and a full background check is done on you. You also have to submit to a full financial disclosure like showing your bank statements, tax return etc. Then you state everyone who will live in the apartment and they all show up for an interview with the board, similar to a HOA. Including pets. If the board thinks your kids are too noisy they can deny you.

Ya but none of those are based on Race/Religion/Gender/Sexual Orientation/Ethnicity/Veteran Status, the ones protected by law. If I try to buy a Bentley, and they tell me no because they dont think I can make the payments, thats not discrimination, thats just the truth.

If your trying to say the way housing is sold is discriminatory because studies show one race gets denied at a higher rate than another race, then your one of those correlation equals causation types. which I really despise.

 

[artikk]

Originally posted by: Train

Originally posted by: Darkhawk28

Originally posted by: Train
discrimination is legal, and is protected by the 1st ammendment. A person can say "I hate all XXXXX people" or "All XXXX people are stupid" and they have not broken any laws.

The only time in which discrimination is illegal, is for situations such as employment, govt grants, education, access to public resources, etc. You cant interview someone for a job and say "I wont hire you because your [gay/straight/black/white/asian/hispanic/arab/jewish/christian]" or "I've denied your welfare application because you are [etc..]"

You mean bigotry is legal... discrimination is not.

pretty much the same thing. When I was in grade school, I wasnt aloud to sit at a certain table at lunch because I wasnt the same color as the kids sitting there. Legal discrimination. (wasnt ok with the school of course, but legally the kids didnt have to sit with anyone they didnt want to, and since they based thier decision on my race, it was discrimination)

:shocked:
Another example of discrimination in the 20th century.
*searches for Martin Luther King in the sky*
---Hey Martin, you aren't finished yet
---Come on down, there's still some work to do in them schools and in them states of America.🙁

 

[alchemize]

Train, you again said sexual orientation is protected by law. It is not, at least not by Federal Law. Or I'd like to see the statute 😀

 

[Train]

Originally posted by: alchemize
Train, you again said sexual orientation is protected by law. It is not, at least not by Federal Law. Or I'd like to see the statute 😀

ahh your right, I guess its not now that I think of it.

 

[dullard]

Originally posted by: Train
I wouldnt say they are "legal", its just that a company with less than 15 eomplyees is too small to be be a cross section of the community, so trying to enforce AA would be ridiculous. If I only had 1 employee, and fired him/her for being a "Stupid [insert racial/ethnic slur]" then I could be sued over that.

Civil Rights Acts of 1964 and 1991 both have the same language (at least for what is related to this discussion). One of thousands of links where I'm copying the text from.

SEC. 2000e-2. [Section 703]

(a) It shall be an unlawful employment practice for an employer -

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin...

Other parts from that same law:

The term "employer'' means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year

This subchapter shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities

Notice how the law is referring to employers, and the term "employer" does not apply to any small business with fewer than 15 employees. There is no law at all making discrimination illegal for these small businesses. There are also other exceptions as well (religious organizations, etc.)

 

[alent1234]

Originally posted by: Train

Originally posted by: alent1234
there are tons of ways to legally discriminate

In NYC most of the co-op boards have nice rules like requiring a 20% downpayment on your mortgage in order to buy an apartment in the building. They will also have rules requiring a certain amount of liquid assets. Before you buy you fill out an application and a full background check is done on you. You also have to submit to a full financial disclosure like showing your bank statements, tax return etc. Then you state everyone who will live in the apartment and they all show up for an interview with the board, similar to a HOA. Including pets. If the board thinks your kids are too noisy they can deny you.

Ya but none of those are based on Race/Religion/Gender/Sexual Orientation/Ethnicity/Veteran Status, the ones protected by law. If I try to buy a Bentley, and they tell me no because they dont think I can make the payments, thats not discrimination, thats just the truth.

If your trying to say the way housing is sold is discriminatory because studies show one race gets denied at a higher rate than another race, then your one of those correlation equals causation types. which I really despise.

co-op boards have a lot of room in their decisions. if you don't like someone because of race, religion or whatever the law gives them a lot of leeway in finding something to deny entry into the building. And by law they don't have to reveal the reasons for their decision.

 

[Train]

Originally posted by: alent1234

Originally posted by: Train

Originally posted by: alent1234
there are tons of ways to legally discriminate

In NYC most of the co-op boards have nice rules like requiring a 20% downpayment on your mortgage in order to buy an apartment in the building. They will also have rules requiring a certain amount of liquid assets. Before you buy you fill out an application and a full background check is done on you. You also have to submit to a full financial disclosure like showing your bank statements, tax return etc. Then you state everyone who will live in the apartment and they all show up for an interview with the board, similar to a HOA. Including pets. If the board thinks your kids are too noisy they can deny you.

Ya but none of those are based on Race/Religion/Gender/Sexual Orientation/Ethnicity/Veteran Status, the ones protected by law. If I try to buy a Bentley, and they tell me no because they dont think I can make the payments, thats not discrimination, thats just the truth.

If your trying to say the way housing is sold is discriminatory because studies show one race gets denied at a higher rate than another race, then your one of those correlation equals causation types. which I really despise.

co-op boards have a lot of room in their decisions. if you don't like someone because of race, religion or whatever the law gives them a lot of leeway in finding something to deny entry into the building. And by law they don't have to reveal the reasons for their decision.

the ability to discriminate doesnt prove they ARE discriminating