4 ms·

Indeed, though is there any protected status in the US for "people that make use of the court system" that would bar such discrimination? As a landlord, legal c

Indeed, though is there any protected status in the US for "people that make use of the court system" that would bar such discrimination? As a landlord, legal costs will eat into your margins real fast. The landlord uses this service to gauge their own risk taking this person on as a tenant, and the presumption (accurate, I'd imagine) is that past landlord-tenant court records predicts a higher chance that this landlord will incur legal costs (and possibly also negative judgments) with this tenant as well. Personally, I certainly don't like this practice as a prospective tenant, but it would nonetheless be tempting to consider using it were I a landlord.

HWR_14 5y ago
> it would nonetheless be tempting to consider using it were I a landlord. Of course it would. I still don't like this practice. > is there any protected status in the US for "people that make use of the court system" that would bar such discrimination? There are certain laws that protect people who use the court system in some ways, but there is not (to my knowledge) a general protection. But whistleblowers, litigants in harassment claims, etc. have anti-retaliatory protections.
- j_walter 5y ago
  Would it be considered retaliation to not hire a candidate who was a whistleblower at their previous company though?
  - HWR_14 5y ago
    I do not think the whistleblower has any right to legal protection outside their previous company. Which means they may have to work there for life.
  - bwestergard 5y ago
    If the whistle-blower acted in concert with even one other coworker, and made it clear to all that their actions were concerted, and the whistleblowing was itself legal (e.g. not divulging a trade secret for the sole purpose or harming the employer), then the refusal to hire such a worker could be a violation of 8(a)1 of the National Labor Relations Act. But this would be hard to demonstrate in most circumstances.
    - HWR_14 5y ago
      I believe 8(a)1 only covers existing employer/employee relationships.
  - tiahura 5y ago
    It depends. Almost all whistleblower laws are statutory and vary by jurisdiction and subject. Therefore, it just depends on how the statute is phrased - and almost never did the legislature even consider this (or other questions like “What if the whistleblower was wrong?”) So, the results tend to vary considerably.
  - watwut 5y ago
    It is not considered retaliation legally. Whistleblowers, people who complain about bad treatment or sexual harassments or illegal practices in fact do have bigger problems to get hired.
    - throwaway48375 5y ago
      The janitor at my old job sued his previous employer for racial discrimination. It was extremely egregious and well documented. He couldn't get hired anywhere else in his previous field because when you googled his name the court documents were the first thing that popped up.
      - watwut 5y ago
        Yep. I remember reading about a woman who was whistleblower - she exposed serious financial crime and even got special reward for it (from some non-profit). People involved in crime in fact ended up in prison. Later, there was interview with her and she said she had huge problem to find a new job for years. Employers really did not like that she exposed someone else.

HWR_14 5y ago

> it would nonetheless be tempting to consider using it were I a landlord. Of course it would. I still don't like this practice. > is there any protected status in the US for "people that make use of the court system" that would bar such discrimination? There are certain laws that protect people who use the court system in some ways, but there is not (to my knowledge) a general protection. But whistleblowers, litigants in harassment claims, etc. have anti-retaliatory protections.

j_walter 5y ago
Would it be considered retaliation to not hire a candidate who was a whistleblower at their previous company though?
- HWR_14 5y ago
  I do not think the whistleblower has any right to legal protection outside their previous company. Which means they may have to work there for life.
- bwestergard 5y ago
  If the whistle-blower acted in concert with even one other coworker, and made it clear to all that their actions were concerted, and the whistleblowing was itself legal (e.g. not divulging a trade secret for the sole purpose or harming the employer), then the refusal to hire such a worker could be a violation of 8(a)1 of the National Labor Relations Act. But this would be hard to demonstrate in most circumstances.
  - HWR_14 5y ago
    I believe 8(a)1 only covers existing employer/employee relationships.
- tiahura 5y ago
  It depends. Almost all whistleblower laws are statutory and vary by jurisdiction and subject. Therefore, it just depends on how the statute is phrased - and almost never did the legislature even consider this (or other questions like “What if the whistleblower was wrong?”) So, the results tend to vary considerably.
- watwut 5y ago
  It is not considered retaliation legally. Whistleblowers, people who complain about bad treatment or sexual harassments or illegal practices in fact do have bigger problems to get hired.
  - throwaway48375 5y ago
    The janitor at my old job sued his previous employer for racial discrimination. It was extremely egregious and well documented. He couldn't get hired anywhere else in his previous field because when you googled his name the court documents were the first thing that popped up.
    - watwut 5y ago
      Yep. I remember reading about a woman who was whistleblower - she exposed serious financial crime and even got special reward for it (from some non-profit). People involved in crime in fact ended up in prison. Later, there was interview with her and she said she had huge problem to find a new job for years. Employers really did not like that she exposed someone else.