On 2019-06-26 22:39, Patricia Shanahan wrote:> On 6/26/2019 6:43 PM, Ross Gardler wrote: > ... >> The ASF doesn't pay *anyone* to work on our software. There is no >> discrimination in that. Sure one can argue it creates less opportunity >> than paying for a few individuals, but that's not the same as >> discrimination. > ... > > Suppose an agricultural or construction business prohibits the use of > sunscreen and hats with brims. I am of European origin and live in San > Diego, so for me to be outside all day without a hat or sunscreen would > be certain sunburn and a high risk of skin cancer. Nobody is allowed > sunscreen, so no discrimination. > > More realistically, suppose a business requires all employees to wear > their hair in styles that are not feasible with the naturally tightly > curly hair that is typical of some areas of Africa. That can either > prevent some African-Americans from working there or require them to use > unpleasant and expensive hair straightening chemicals. It's the same > hair style for everyone, so no discrimination. > > (I regard a person liking some hair style and choosing to put time, > money, and effort into it as very different from being forced to do so > to get and keep a job.) > > Suppose an employer configures all restrooms with very few sit-down > stalls and many designed-for-men urinals, and limits the time for > bathroom breaks. If more than a handful of women try to work there the > lines for the stalls take longer than the break time. It's the same > bathroom arrangements for everyone, so no discrimination. > > Suppose a business prohibits covering any part of one's head, so some > Muslim women, Jewish men, and Sikh men, who consider certain head wear > to be mandated by their religion, cannot work there. It's the same rule > for everyone, so no discrimination. > > One can have a rule that is exactly the same for everyone, but has > disproportionate effect on unfavored sub-populations. Are such rules > ever discriminatory?
A related headline recently came up in the journalism field: https://www.huffingtonpost.com.au/entry/employers-disability-discrimination-job-listings_l_5d003523e4b011df123c640a I'm not suggesting this situation is akin to an ADA violation, but it's food for thought, certainly.
