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Discriminatory job post

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

Tatyana M wrote:

Sorry! I was actually replying to Preston and must have clicked the wrong button. (He took  a sensence entirely out of context and replied as if I said the opposite of what I did.)

Using the quote function helps with readability! 


I do think you are right, these rules generally don't apply to freelancers. I did not know this and am surprised. (I'm in the Bay Area and we have several excellent laws to protect workers so I guess just got accustomed to thinking it should be the norm.)


I do hope that this chages in the future as more and more people are now freelancing, either by choice or by need. 

I actually feel differently. As a job seeker, I feel like all the rules and regs are actually working against me, so I don't want to see more rules! For instance, by law, all jobs must be posted so everyone has an opportunity to apply. Do you know how many job postings are "fake" as in, they are already filled, but HR has to post to the job? I don't know the number, but I feel like at least 25 to 30% of the jobs I have applied to were already "filled."


As jobs become more specialized you are going to see even more "requirements" and "selectivity," in the market. It's going to be very hard to prove any discrimination (and of course, I believe it's real), because all the company has to say is "the applicant didn't have 8 of the 30 requirements.  


I'd rather focus my energy on jobs and opportunities that are a strong fit, than subject companies and employers to more rules.

Community Guru
Kelly B Member Since: Jan 1, 2016
32 of 45

It looks like a project that pays well and has very few applicants. Id' apply and say even though I'm not XX I certainly respect the faith and as a professional can assure you that my designs will be in line with your needs.



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

Regardless of the specifics of the job posting (and as a writer, I have seen jobs requesting a Christian faith/background), people are ignoring Petra's point. 


I am not a lawyer, but I can't see how these project (not going to call them a job) listings are governed by the EEOC.  I'm too lazy to look it up, but I'm 99.9% certain this site, nor its postings, are required to abide by anything related to employement. Obviously they can't request that the freelancer do anything illegal, but that's not the same as their project post requesting specific attributes of a freelancer.


Where things may be gray are if the jobs pay you via W-2 (or W-4, I can never remember). 

Community Guru
Preston H Member Since: Nov 24, 2014
34 of 45

I'm fairly libertarian. But I respect people whose beliefs differ from my own.


I'm not going to convince somebody that something is fine if she really doesn't think it is fine.


But let's put things into perspective:

Look through hundreds of job postings on Upwork. Look through thousands of job postings on Upwork.


How many actually mention any religious affiliation at all?

This is an exceedingly rare thing to see. So regardless of where one stands on the appropriateness of such a job posting, it simply can't be argued that this is some kind of epidemic problem.


(The original poster was not claiming any such thing. She was complaining about a single job posting.)


If someone feels that references to religious beliefs do not belong in Upwork job postings, they can take solace in knowing that for the most part... there is no such thing. Most job postings are more along the lines of "I need someone to create a Wordpress theme for my online shoe store."

Ace Contributor
Tatyana M Member Since: Feb 10, 2019
35 of 45

Are you saying that since it is rare and almost never happens it isn't a problem and should be ignored?


This is bad argument, again, on so many levels.

Community Guru
Preston H Member Since: Nov 24, 2014
36 of 45

re: "Are you saying that since it is rare and almost never happens it isn't a problem and should be ignored?"


I'm saying there is nothing wrong with it.


If you think it's a problem, then you should prefer this:


a) This is a very rare thing on Upwork.


over this:


b) This is very common on Upwork.


As things stand, with this being something which is certainly allowed, but very rare, I think you may in good conscience continue to use Upwork.


You can easily ignore such job postings.


But if there was something on Upwork that you saw frequently, and could hardly avoid, then you might be faced with a real decision about whether to continue using the site based on the prevalance of that thing that you don't like.

Ace Contributor
Tatyana M Member Since: Feb 10, 2019
37 of 45

Preston, you are completely missing my point. Let's not make assumptions or generalizations from specific statements about a specific situation. If you want to have the last word, please feel free to respond but I am off to do some work. 

Ace Contributor
Valery K Member Since: Apr 27, 2016
38 of 45

To Preston: and designing the guitar or mandoline has any relation to religion?
The same guitar maker TWICE rejected my offer (I can't see the name of project author, as far as you know), just because of my being from Armenia.
I have not other explanations, just because I am top-rated, have many similar projects done with exceptional quality, and price was not the matter as I accepted client´s price by default.

Community Guru
Jennifer M Member Since: May 17, 2015
39 of 45

Valeria K Moderator Member Since: Mar 6, 2014
40 of 45

Hi All,


I was able to locate the job posting this discussion is about and will make sure it's reviewed by appropriate team. If it's found to be in violation of Upwork ToS, action will be taken accordingly. Please, refer to Upwork Terms of Use for more information.

~ Valeria