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Re: Discriminatory job post

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Ace Contributor
Angela D Member Since: May 13, 2019
41 of 45

Upwork's Terms of Use, Section 4.1 states that seeking services that are "unlawfully discriminatory" is a prohibited use of the site.

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Petra R Member Since: Aug 3, 2011
42 of 45

Angela D wrote:

Upwork's Terms of Use, Section 4.1 states that seeking services that are "unlawfully discriminatory" is a prohibited use of the site.


Indeed.

Which law (employment law does not apply) is being violated?

 

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Ace Contributor
Angela D Member Since: May 13, 2019
43 of 45

Petra R wrote:

Angela D wrote:

Upwork's Terms of Use, Section 4.1 states that seeking services that are "unlawfully discriminatory" is a prohibited use of the site.


Indeed.

Which law (employment law does not apply) is being violated?


If Upwork's definition of "unlawfully discriminatory" includes job postings that indicate a hiring preference based on creed, such postings would be in violation of Upwork's Terms of Use.

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Community Guru
Miriam H Member Since: May 16, 2017
44 of 45

Angela D wrote:

Petra R wrote:

Angela D wrote:

Upwork's Terms of Use, Section 4.1 states that seeking services that are "unlawfully discriminatory" is a prohibited use of the site.


Indeed.

Which law (employment law does not apply) is being violated?


If Upwork's definition of "unlawfully discriminatory" includes job postings that indicate a hiring preference based on creed, such postings would be in violation of Upwork's Terms of Use.


This is a good point, however, and again, not a lawyer, I suspect there is a difference b/t something that violates TOS and something that is illegal.  If Upwork decides the job post violates their TOS, they will remove it. I don't think that is the same as the job post itself being illegal.  Again, not a lawyer.

 

 

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Community Guru
Rene K Member Since: Jul 10, 2014
45 of 45

Tatyana M wrote:

in the US you can not post a job post saying that you prefer to hire someone with a specific religious belief.


I've seen some postings for writing/translation gigs in which they wanted Christians. Because the content was some Christian stuff. Also, it was not postings for hiring employees, but contractors.

 

In this specific context, I think it makes total sense. This may be wrong in other contexts, but in these specific cases, it was pure logic more than discrimination.

 

So I guess all depends on the context.

 

 

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