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tanya-mikhaylova
Community Member

Discriminatory job post

Yesterday I came across a job post that is clearly disciminatory. I can't speak for other countries, but in the US you can not post a job post saying that you prefer to hire someone with a specific religious belief. I flagged the post 3 times yet is still up. This client is based in the US. 

 

Surely this can't be good for Upwork's reputation. 

 

 

 

44 REPLIES 44

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


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?

 


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.


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.

 

 

versailles
Community Member


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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