Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

> It's not that complicated.

I find it fairly complicated. Are you a lawyer? I am not.

Immediately after the portion of the EEOC page you quote, there appears the text:

"Although a plaintiff may prove a claim of discrimination through direct or circumstantial evidence, some courts take the position that if a white person relies on circumstantial evidence to establish a reverse discrimination claim, he or she must meet a heightened standard of proof. The Commission, in contrast, applies the same standard of proof to all race discrimination claims, regardless of the victim’s race or the type of evidence used. In either case, the ultimate burden of persuasion remains always on the plaintiff.

Employers should adopt 'best practices' to reduce the likelihood of discrimination and to address impediments to equal employment opportunity."

Even if you ignore the complexity directly in that section (which courts? what is the heightened standard? why do courts and the EEOC interpret things differently? what are the consequences of that difference?), there are numerous other complexities not covered by the question of "are Caucasian/white people covered?". I was not trying to say that the question of whether white people are covered is simple, but that the question of which discrimination (encompassing much more) is complicated.

For instance, this service is not discriminating in who they employ, only in who they serve. Is that legal? Under what circumstances? Do laws other than the Civil Rights Act of 1964 apply? How does this law interact with the right of expressive association? (for instance, presumably, the government does not try to force churches to hire non-Christians as ministers or priests and does not try to force the KKK to admit the people they hate based on race or religion - how does that exception work under the Civil rights Act of 1964?) Does Jopwell have fewer than 15 employees, and does that make it exempt from the CRAo1964? I have heard that this law does not apply to members of Congress hiring staffers or to the Supreme Court hiring clerks - is that correct, and if so, under what provision of the law? How does it apply to college admissions? Do any of the following constitute "color" under the law: sunburning, vitiligo, albinism, tattoos, hair color, baldness, eye color?

Even just the section of the Wikipedia page you link to that discusses employment discrimination includes at least a dozen caveats and extensions, along with multiple SCOTUS cases:

https://en.wikipedia.org/wiki/Civil_Rights_Act_of_1964#Title...

Also, as I mentioned, even if a certain type of discrimination may not violate federal law, it might violate state or local law.

These things that I have just said are all aimed at supporting my claim that discrimination law in the US is complicated.



Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: