Hiring Discrimination Legality

Debate on whether hiring practices discriminating against non-protected classes are legal under US employment law, including discussions of protected classes, disparate impact, and proxies for discrimination.

πŸ“‰ Falling 0.3x Legal
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Keywords

US NECESSARY OK ABSOLUTELY ELSE AK VII en.m i.e EEOC discrimination protected discriminate law federal law classes class laws federal hiring

Sample Comments

shkkmo β€’ Aug 16, 2022 β€’ View on HN

No, there are not. (In the USA) You are legally allowed to discriminate based on non-protected classes as long as the non-protected class is not being used as a proxy for a protected class.

Khaine β€’ Dec 22, 2021 β€’ View on HN

How is this not discrimination of protected classes, and therefore illegal?

sp332 β€’ Feb 8, 2017 β€’ View on HN

There are laws that prohibit discrimination even for private companies. https://en.wikipedia.org/wiki/Employment_discrimination_law_...

empath75 β€’ Sep 30, 2019 β€’ View on HN

No actually you can’t use such things legally. Discrimination is discrimination no matter how you bury it with indirection.

kevingadd β€’ Sep 9, 2013 β€’ View on HN

Discrimination of that type in hiring contexts is illegal already, IIRC.

appleskeptic β€’ Nov 17, 2023 β€’ View on HN

There's a big difference between banning discrimination against protected classes and mandating discrimination in their favor, which is what this basically does, see the comment and discussion here https://news.ycombinator.com/item?id=38304639

fjsolwmv β€’ May 31, 2018 β€’ View on HN

This is not the case in USA, under the legal theory of "disparate impact".https://en.m.wikipedia.org/wiki/Disparate_impact

gabereiser β€’ Feb 5, 2021 β€’ View on HN

Except for discrimination laws...

supermatt β€’ Jun 8, 2019 β€’ View on HN

that would be discrimination. your country likely has laws to deal with this.

kube-system β€’ Apr 16, 2023 β€’ View on HN

The law prohibits discrimination against members of a protected class. You can legally discriminate against anyone else.