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this post was submitted on 08 Oct 2023
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Caste falls under that stuff already...
The protections are already there, and making a specific law just for this would only legitimize that caste is a real thing and not some bullshit Indians did to discriminate amongst themselves.
So the bill would have accomplished nothing.
Caste doesn't fall under any of these. Because people are clearly willing to hire Hindu people born in India of any gender. So you aren't discriminating against race, national origins, religion, color, or gender. Since the USA doesn't acknowledge caste it can't differentiate between two people of different caste just because of their caste.
The only thing you mentioned that might apply is "Ancestry" but I can't find a description of it since it isn't listed under the protected classes list.
Discrimination isn't inherently illegal. For example, you totally can discriminate against people under the age of 40. Which does happen. Many landlords won't rent to people under 30 and that's perfectly legal.
But as you pointed out USA doesn't acknowledge caste, so specifying caste discrimination would be bad, so making sure it can be prosecuted under the "general" discrimination laws makes more sense, doesn't it?
There are no "general" discrimination laws. There are only protected classes. As I said earlier you totally can discriminate against people as long as they don't fall under a protected class. And caste isn't covered by the existing protected classes. So even if you can prove discrimination based on caste is happening, it wouldn't be illegal at a federal level.
Outlawing something doesn't legitimate something. It just acknowledges that it is happening and requires action. And caste based discrimination is happening. Currently it's just legal.
No offense but I kinda feel like you know what I meant when I said "general" discrimination laws, as in "existing discrimination laws".
From some quick googling "The California law bars discrimination on the basis on ancestry. Dalit lawyers believe that caste discrimination is covered under it. Legal scholars have also argued that caste discrimination is cognizable as race discrimination, religious discrimination and national origin discrimination."
Like I said originally, I don't see why specifying caste would be an issue. This hasn't been tested in court in CA yet but clearly we can see why the argument is being made that existing laws already cover it.
If caste is none of those things, explain what you think caste is then...
Because I want to see your attempt at saying something that doesn't fit the other protections already
Caste is a social hierarchy mainly based on the job your ancestors had.
In India there are 5 major caste categories but in total there are around 25,000 sub castes. Only the "untouchables" might be protected as they are often of different religion or ethnicity.
But the other 4 major castes are of the same race, ethnicity, national origins, color, gender, and religion. There is a tendency of darker skin colors being more prominent in lower castes but it's not a defining property of caste and you can find people of any complexion in each caste.
But maybe you can tell me which current protected class would differentiate between someone of the Kshatriyas and the the Vaishyas caste.
"job your ancestors had" sounds a lot like ancestry.
It does seem like it would fall under "no discrimination based on ancestry", but I feel like a lawyer could argue otherwise.
I'm gonna have to stick with my original answer then
You think "caste" is a real measurable thing and want us to pass laws that also act like it's a real difference...
/thread