Can you discriminate on religion when hiring a caregiver

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Most employers are smart enough to state what they want done, and the people who naturally are most enthusiastic about it are the ones who have the same values.

Ex: We want a nanny who will say grace before meals, read specific religious books to our children, agree not to read books about xyz topic that violates our religion and take our children to Sunday school, confirmation class and/or other religious classes or services. Naturally, the nanny most enthusiastic about doing these is one who likely identifies as Christian, and most likely shares their denomination.

And you know what? That's illegal in DC.

No, you can certainly require an employee to support your children’s religious education. You can also pick the person who shows the most enthusiasm for it and is most qualified. The only issue is if you pick someone less qualified who fits the criteria you want which violates the law.

You can say "this job will require supporting a Christian religious education through working on materials."

You can't say "I am looking for a Christian nanny."

Don't tell me what I can and can't do, please.

If I'm looking for a Christian nanny, or a Jewish nanny, or a female nanny - or housekeeper -- and I want to state that, it's simply none of your business. You want to sue me, go ahead and try.

NP. Federal/state laws are what are telling you that you can't do this. As for getting sued, if a candidate who was qualified other than one of your protected categories decided to apply and then sue, there would be a legitimate risk that you could get a civil judgment against you. And a court definitely can tell you what to do. (If I saw an advertisement like this and was qualified for the job, I would apply just to give myself a chance to position for a lawsuit.)

I guess your looking for your pay day? Is that why it rubs you the wrong way? Are you qualified if you can’t adopt the values of the family? You sounds like quite the nanny.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is not "discrimination," OP, at least in legal terms.

I can state that I want a nanny who is 5'5" tall, has red hair and likes to sing. Is it "discrimination" if you want the job and don't fit the criteria.

Sorry this "rubs you the wrong way." You really need to get out more.

Religion is a protected class. You cannot advertise that want a nanny who is white, correct?

Exactly who is going to stop me, OP? I can advertise for anything I want.

If you are acting as a household employer in DC, you can't advertise for whatever you want.

"In addition to federal and state laws, household employers must also comply with local laws, which often supersede federal and state laws. For example, in Washington, D.C., the DC Human Rights Act applies to all employers, even those with just one employee. It prohibits discrimination based on the actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, or political affiliation."

https://gtm.com/household/prevent-discrimination/

Ha! Good luck enforcing that one. I assure you that as a parent hiring a nanny, I would be the most discriminatory employer you have ever seen. I absolutely can and will turn away any candidate who does not meet my preferences in the areas listed above, and others.

It’s weird how proud you are of being a bigot.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is not "discrimination," OP, at least in legal terms.

I can state that I want a nanny who is 5'5" tall, has red hair and likes to sing. Is it "discrimination" if you want the job and don't fit the criteria.

Sorry this "rubs you the wrong way." You really need to get out more.

Religion is a protected class. You cannot advertise that want a nanny who is white, correct?

Exactly who is going to stop me, OP? I can advertise for anything I want.

If you are acting as a household employer in DC, you can't advertise for whatever you want.

"In addition to federal and state laws, household employers must also comply with local laws, which often supersede federal and state laws. For example, in Washington, D.C., the DC Human Rights Act applies to all employers, even those with just one employee. It prohibits discrimination based on the actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, or political affiliation."

https://gtm.com/household/prevent-discrimination/

Ha! Good luck enforcing that one. I assure you that as a parent hiring a nanny, I would be the most discriminatory employer you have ever seen. I absolutely can and will turn away any candidate who does not meet my preferences in the areas listed above, and others.

It’s weird how proud you are of being a bigot.

And it’s weird how proud you are of being a judgmental bully.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Most employers are smart enough to state what they want done, and the people who naturally are most enthusiastic about it are the ones who have the same values.

Ex: We want a nanny who will say grace before meals, read specific religious books to our children, agree not to read books about xyz topic that violates our religion and take our children to Sunday school, confirmation class and/or other religious classes or services. Naturally, the nanny most enthusiastic about doing these is one who likely identifies as Christian, and most likely shares their denomination.

And you know what? That's illegal in DC.

No, you can certainly require an employee to support your children’s religious education. You can also pick the person who shows the most enthusiasm for it and is most qualified. The only issue is if you pick someone less qualified who fits the criteria you want which violates the law.

You can say "this job will require supporting a Christian religious education through working on materials."

You can't say "I am looking for a Christian nanny."

Don't tell me what I can and can't do, please.

If I'm looking for a Christian nanny, or a Jewish nanny, or a female nanny - or housekeeper -- and I want to state that, it's simply none of your business. You want to sue me, go ahead and try.

NP. Federal/state laws are what are telling you that you can't do this. As for getting sued, if a candidate who was qualified other than one of your protected categories decided to apply and then sue, there would be a legitimate risk that you could get a civil judgment against you. And a court definitely can tell you what to do. (If I saw an advertisement like this and was qualified for the job, I would apply just to give myself a chance to position for a lawsuit.)

And my attorney would crush yours.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is not "discrimination," OP, at least in legal terms.

I can state that I want a nanny who is 5'5" tall, has red hair and likes to sing. Is it "discrimination" if you want the job and don't fit the criteria.

Sorry this "rubs you the wrong way." You really need to get out more.

Religion is a protected class. You cannot advertise that want a nanny who is white, correct?

Exactly who is going to stop me, OP? I can advertise for anything I want.

If you are acting as a household employer in DC, you can't advertise for whatever you want.

"In addition to federal and state laws, household employers must also comply with local laws, which often supersede federal and state laws. For example, in Washington, D.C., the DC Human Rights Act applies to all employers, even those with just one employee. It prohibits discrimination based on the actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, or political affiliation."

https://gtm.com/household/prevent-discrimination/

Ha! Good luck enforcing that one. I assure you that as a parent hiring a nanny, I would be the most discriminatory employer you have ever seen. I absolutely can and will turn away any candidate who does not meet my preferences in the areas listed above, and others.

It's not "enforcement" idiot. It's a justiciable issue. Someone could sue you.

Honey, anyone can sue anyone for anything they want to. Good luck trying to prove anything.

OP, you really need to get a life if this is the kind of thing that has you so worked up. i, personally, commend the advertiser for stating preferences so clearly.

Well I would “prove it” with the job ad you posted that said you are looking only for a person of a certain race/religion/etc. Your hidden preferences, sure, I can’t prove those, but you put it in an ad (or even a social media post) and I really don’t have a proof problem. Which is, of course, what the thread is about.

As a plaintiffs lawyer, I don’t really want this case, but I would refer it to my liberal friends in biglaw who would take it pro bono and love every second of it. When I was still in biglaw we once spent about a million dollars of attorney hours on a disability discrimination case that settled for less than $50k. It wasn’t about the money. It was about the training of lawyers and just being offended by the misconduct of the employer.

I doubt the defendant spent $1mm defending it but it was also certainly well into the six figures.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:This is not "discrimination," OP, at least in legal terms.

I can state that I want a nanny who is 5'5" tall, has red hair and likes to sing. Is it "discrimination" if you want the job and don't fit the criteria.

Sorry this "rubs you the wrong way." You really need to get out more.

Religion is a protected class. You cannot advertise that want a nanny who is white, correct?

I have seen a million posts on dcum of people asking for a doctor or nurse or whatever who is black.

Since when is your doctor legally your employee?

[Anonymous]

I’m surprised by this. My grandma is a very devout catholic and we’re hiring another caregiver for her. Most of duties involve just being her friend and being with her. She expects to pray the rosary, go to mass and read the Bible almost daily. I’m not a racist or discriminatory person but we were trying to find someone to be more of a companion to grandma. Preferably a person from a big catholic family.

[Anonymous]

Anonymous wrote:I’m surprised by this. My grandma is a very devout catholic and we’re hiring another caregiver for her. Most of duties involve just being her friend and being with her. She expects to pray the rosary, go to mass and read the Bible almost daily. I’m not a racist or discriminatory person but we were trying to find someone to be more of a companion to grandma. Preferably a person from a big catholic family.

DP. Try advertising in parish bulletins and the local Catholic newspapers. Good luck!

[Anonymous]

Anonymous wrote:I’m surprised by this. My grandma is a very devout catholic and we’re hiring another caregiver for her. Most of duties involve just being her friend and being with her. She expects to pray the rosary, go to mass and read the Bible almost daily. I’m not a racist or discriminatory person but we were trying to find someone to be more of a companion to grandma. Preferably a person from a big catholic family.

Catholics really don’t read the Bible and we “say the rosary” not pray the rosary. I’m calling troll.

My grandmother was Irish and Catholic and deeply religious. Her paid caregiver was African and a devout Muslim - and quickly became my grandmother’s best friend. My grandmother loved her. Her caregiver took her to Mass and sat quietly, helping my grandmother to the altar to get communion where the priest would always give the caregiver a blessing.

Even religious schools don’t restrict employment to only teachers and assistants of the school’s religion.

Ridiculous to post for a “Christian nanny”.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I’m surprised by this. My grandma is a very devout catholic and we’re hiring another caregiver for her. Most of duties involve just being her friend and being with her. She expects to pray the rosary, go to mass and read the Bible almost daily. I’m not a racist or discriminatory person but we were trying to find someone to be more of a companion to grandma. Preferably a person from a big catholic family.

Catholics really don’t read the Bible and we “say the rosary” not pray the rosary. I’m calling troll.

My grandmother was Irish and Catholic and deeply religious. Her paid caregiver was African and a devout Muslim - and quickly became my grandmother’s best friend. My grandmother loved her. Her caregiver took her to Mass and sat quietly, helping my grandmother to the altar to get communion where the priest would always give the caregiver a blessing.

Even religious schools don’t restrict employment to only teachers and assistants of the school’s religion.

Ridiculous to post for a “Christian nanny”.

DP. I’m AA and Catholic. My elderly mom reads the Bible daily, then attends morning mass, AND prays the Rosary. And, yes, she says pray and not say. And no one I know says “comes to the altar” for going up to receive communion. The only people who receive at the altar are the celebrants and any Eucharistic ministers or altar servers. But I don’t think you are ridiculous. Even within Catholicism, there are minor cultural differences. For example, in my mom’s parish and my parish, elderly communicants are not expected to walk to the front. Rather the Eucharistic minister comes to them.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I’m surprised by this. My grandma is a very devout catholic and we’re hiring another caregiver for her. Most of duties involve just being her friend and being with her. She expects to pray the rosary, go to mass and read the Bible almost daily. I’m not a racist or discriminatory person but we were trying to find someone to be more of a companion to grandma. Preferably a person from a big catholic family.

Catholics really don’t read the Bible and we “say the rosary” not pray the rosary. I’m calling troll.

My grandmother was Irish and Catholic and deeply religious. Her paid caregiver was African and a devout Muslim - and quickly became my grandmother’s best friend. My grandmother loved her. Her caregiver took her to Mass and sat quietly, helping my grandmother to the altar to get communion where the priest would always give the caregiver a blessing.

Even religious schools don’t restrict employment to only teachers and assistants of the school’s religion.

Ridiculous to post for a “Christian nanny”.

In case, you’re wondering, Catholic.org disagrees

https://www.youtube.com/watch?v=zATQjuyk4Qg

[Anonymous]

Anonymous wrote:Someone on our local facebook page has posted for a "Christian" nanny. This rubs me the wrong way - are you allowed to discriminate like this?

How about “has Christian values”? Does that feel better?

[Anonymous]

Anonymous wrote:I’m surprised by this. My grandma is a very devout catholic and we’re hiring another caregiver for her. Most of duties involve just being her friend and being with her. She expects to pray the rosary, go to mass and read the Bible almost daily. I’m not a racist or discriminatory person but we were trying to find someone to be more of a companion to grandma. Preferably a person from a big catholic family.

So list the activities in a posting through your parish bulletin, and state that she wants a companion who would enjoy going to mass with her. Done, you’ll get a Catholic, without breaking any laws.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Someone on our local facebook page has posted for a "Christian" nanny. This rubs me the wrong way - are you allowed to discriminate like this?

How about “has Christian values”? Does that feel better?

Yes, because the values are objective. Usually expected to honesty, compassion, empathy, etc.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Someone on our local facebook page has posted for a "Christian" nanny. This rubs me the wrong way - are you allowed to discriminate like this?

How about “has Christian values”? Does that feel better?

What are Christian values? List them and I’ll tell you if good Jews, Catholics, Muslims, Buddhists, etc have those values.