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>, but I don't think this changes the legality of the discrimination against male independent contractors, because the riders are employing them. Riders don't

by jasode 1y ago

>, but I don't think this changes the legality of the discrimination against male independent contractors, because the riders are employing them. Riders don't create a official "W-2 employee" relationship with a Uber driver as defined by the Internal Revenue Service. So the discrimination laws you're thinking of don't apply to riders. It's the same legal status for Uber to offer a gender option just like the existing childcare platforms to find babysitters or medical provider directories to find doctors. Both the babysitter and doctor platforms are legally allowed to let customers filter on gender. Parents want to specify female-only for babysitters because they're afraid that males are more likely to be pedophiles.

scoofy 1y ago
Reading up on "bona fide occupational qualification" and thought this might be helpful, as there is a Wikipedia page on it: https://en.wikipedia.org/wiki/Bona_fide_occupational_qualification https://en.wikipedia.org/wiki/Bona_fide_occupational_qualifi...
- jasode 1y ago
  >Reading up on "bona fide occupational qualification" and thought this might be helpful, as there is a Wikipedia page on it: Yes, and notice that the page you cited refers back to the actual text of the Federal laws: >In employment discrimination law in the United States, both Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act contain a BFOQ defense. This is the actual law prohibiting discrimination on race, sex etc.: https://www.law.cornell.edu/uscode/text/42/2000e-2 https://www.law.cornell.edu/uscode/text/42/2000e-2 But that law applies to "employers" which is defined in the previous section before that. >(b)The term “employer” means a person engaged in an industry affecting commerce who has fifteen or more employees [...] : https://www.law.cornell.edu/uscode/text/42/2000e#:~:text=(b)The%20term%20%E2%80%9Cemployer%E2%80%9D%20means%20a%20person%20engaged%20in%20an%20industry%20affecting%20commerce%20who%20has%20fifteen%20or%20more%20employees https://www.law.cornell.edu/uscode/text/42/2000e#:~:text=(b)... Simply put, the riders of the Uber platform are not the "employers" of drivers.
  - scoofy 1y ago
    Hmm... yes, this is all a bit strange. I'm genuinely shocked that there is a carve out for independent contractor to most laws against discrimination.

by jasode 1y ago

scoofy 1y ago

Reading up on "bona fide occupational qualification" and thought this might be helpful, as there is a Wikipedia page on it: https://en.wikipedia.org/wiki/Bona_fide_occupational_qualification https://en.wikipedia.org/wiki/Bona_fide_occupational_qualifi...

jasode 1y ago
>Reading up on "bona fide occupational qualification" and thought this might be helpful, as there is a Wikipedia page on it: Yes, and notice that the page you cited refers back to the actual text of the Federal laws: >In employment discrimination law in the United States, both Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act contain a BFOQ defense. This is the actual law prohibiting discrimination on race, sex etc.: https://www.law.cornell.edu/uscode/text/42/2000e-2 https://www.law.cornell.edu/uscode/text/42/2000e-2 But that law applies to "employers" which is defined in the previous section before that. >(b)The term “employer” means a person engaged in an industry affecting commerce who has fifteen or more employees [...] : https://www.law.cornell.edu/uscode/text/42/2000e#:~:text=(b)The%20term%20%E2%80%9Cemployer%E2%80%9D%20means%20a%20person%20engaged%20in%20an%20industry%20affecting%20commerce%20who%20has%20fifteen%20or%20more%20employees https://www.law.cornell.edu/uscode/text/42/2000e#:~:text=(b)... Simply put, the riders of the Uber platform are not the "employers" of drivers.
- scoofy 1y ago
  Hmm... yes, this is all a bit strange. I'm genuinely shocked that there is a carve out for independent contractor to most laws against discrimination.