Reply to Can you discriminate on religion when hiring a caregiver

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=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.[/quote]

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

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

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/[/quote]

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.[/quote]

It's not "enforcement" idiot.  It's a justiciable issue.  Someone could sue you. [/quote]

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.[/quote]

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. [/quote]

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