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Ask HN: Do you see a future where it's legal to hire based on political leaning?

  • 1 points
  • 7 hours ago

  • @Bubble_Pop_22
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Ask HN: Do you see a future where it's legal to hire based on political leaning?


@polski-g 6 hours

Replying to @Bubble_Pop_22 🎙

In 43 states in America this is already legal.

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@formerkrogemp 6 hours

People already do this. "Cultural fit" can include an informal or indirect political chat, sometimes in a roundabout way. Some people choose to hide their political leanings. In the south in many areas, you'll be asked very pointed questions about which (Christian) church you go to. Of course, not all of this happens in interviews usually, but you can get passed over for raises, PTO approval, or preferred work assignments for other people who do align more with the owners' or boss's political or religious views.

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@retrac 6 hours

It's a bit tricky, maybe, to fire someone in Ontario, Canada because of their politics. With that as the reason. The courts take a rather commonsense approach to wrongful termination.

But I do believe it is legal to make hiring conditional on basically anything not prohibited by the labour or discrimination laws.

Political affiliation or political belief are not protected categories. Though I can imagine some possibly over-stretched arguments if the political requirement were constructively discriminatory against a protected category. E.g. it's probably not legal to require a devout Catholic to hold a pro-choice view on abortion. Such a rule is nearly the same in effect as a ban on hiring adherents.

Other than that, you can be as nepotistic, partisan, or arbitrary as you want. Not American or a lawyer, but as I understand the broad situation is the same in most US states.

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