Can you discriminate on religion when hiring a caregiver

[Anonymous]

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?

[Anonymous]

Yes.

[Anonymous]

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.

[Anonymous]

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?

[Anonymous]

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.

[Anonymous]

So while federal equal opportunity employment laws do not apply unless the workplace has more employees than just a nanny, in some states you actually aren't allowed to discriminate on the basis of protected classes when acting as a household employer. DC is one such jurisdiction.

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

[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?

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/

[Anonymous]

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?

Yes, you can. Those federal nondiscrimination laws do not apply to employers who have under a certain number of employees (the number depends on the type of discrimination at issue).

[Anonymous]

It's illegal to require the person to be a certain religion.

You can say you expect them to read the bible to the child, take them to mass, etc

[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?

Yes, you can. Those federal nondiscrimination laws do not apply to employers who have under a certain number of employees (the number depends on the type of discrimination at issue).

Unless you're in DC! or there's some other local protection.

[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?

Yes, you can. Those federal nondiscrimination laws do not apply to employers who have under a certain number of employees (the number depends on the type of discrimination at issue).

Not true.

[Anonymous]

Title VII (employment discrimination law) only applies to employers with 15 or more employees. While some state or local laws may apply to employers of fewer employees, I doubt any would apply to an individual hiring a caregiver in their home. It's definitely off-putting, but when it comes to a nanny, is this any different than sending a child to a Christian or other religious school? I mean, they may actually be looking for some early religious education from the nanny. I'm an atheist, so it isn't something in which I would be interested, but I can see legitimate reasons for someone else to have this preference/requirement.

[Anonymous]

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.

[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?

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

No, you cannot.

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

[Anonymous]

Anonymous wrote:Title VII (employment discrimination law) only applies to employers with 15 or more employees. While some state or local laws may apply to employers of fewer employees, I doubt any would apply to an individual hiring a caregiver in their home. It's definitely off-putting, but when it comes to a nanny, is this any different than sending a child to a Christian or other religious school? I mean, they may actually be looking for some early religious education from the nanny. I'm an atheist, so it isn't something in which I would be interested, but I can see legitimate reasons for someone else to have this preference/requirement.

Religious schools have an exemption. You need to learn about how these laws work.

As has been posted above, DC has local laws preventing discrimination on the basis of protected classes for every employment situation, even if there is only 1 employee.