Court Ruling: Anti-Discrimination Laws Apply Online
By Bob King, Legally Nanny®
In a case involving Internet matching service Roommates.com, the Ninth Circuit ruled that online applications and other documents that ask questions about legally protected characteristics could subject the company to liability. The court’s ruling makes clear that asking questions about legally protected characteristics can solicit discriminatory answers, and matching people - or refusing to place people - based on those answers can violate anti-discrimination laws.
The bottom line here is that agencies should scrutinize all their web pages, as well as job seeker and family applications, to ensure they do not solicit information about legally protected characteristics such as age, citizenship, gender, religion, family status (including pregnancy) or medical information. Even if questions are labeled “optional” or only asked verbally, they can be dangerous.
While the Ninth Circuit decision applies only in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam and the Northern Mariana Islands, all agencies should be aware of this precedent and act now. Establishing written guidelines about questions and training staff are also important components to ensure that your agency complies with the law.
Copyright © Legally Nanny® 2008. This article is for informational purposes only; it is not legal advice
