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Newsom vetoes a proposed ban on caste discrimination in California

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Re: Newsom vetoes a proposed ban on caste discrimination in California

#111
I would urge HNers to watch this detailed video on the issue - https://youtu.be/UcHf0SsR790?si=pKvkc0fCR5AsU9ku

Caste discrimination is an issue in the home country, but it is pretty cut and dry here in the US.

I have the rare distinction of not being upper caste, but 'passing' as one. I get to hear the conversations of upper castes as a fly on the wall. But in some groups I am open about my caste, letting me see the other side.

Honestly, caste is total non-factor in the US. There are cliques within the Indian community, but caste is not the main favor. The main type of discrimination is between FOB immigrants vs American-Indians.Other than that, American-Indians are fully integrated, to the point of barely knowing caste, let alone discriminating based on it.

Among immigrants, IIT vs non-IITian ivy-league style snobbishness can happen. Second, those who did their undergrad in the US usually come from the rich class of india, and innocently as it may be, end up maintaining those rich-people cliques. Grad students are often less-well off and can feel left out. both groups harbor resentment towards Infosys/TCS style L1/H1bs who are seen to abuse immigration loopholes. Lastly, cliques are linguistic. It is less discriminatory, more based on feeling comfortable communicating with those who speak the same native language.

But none of these are based on caste. Yes, caste may be correlated with class given their economic differences. But people get the casual directions wrong and the correlation is much smaller then these accusations claim. Indians in the US are obsessed with merit. If you can signal merit, nothing else matters.

Note: Urban and Northern American whites are largely of English and German descent. Southern, Appalachia and flyover state whites are overwhelmingly scots-irish. Due to clear regional cultural and accent differences, it's considered acceptable to ridicule and discriminate against scots-irish Americans from 'bumfuck nowhere'. These groups don't inter-marry and the economic differences between both groups are vast. Yet, the average American doesn't understand this. They consider themselves 'woke' and happily continue discriminating on visible class signals. What they don't realize, is that even among whites, the class signals are strongly correlated with sub-racial identity & genetically distinct people.

You may not call it caste, but that's caste. At least with Indian class differences, both aspire to be better urban-white Americans. On the other hand, with whites, one group starts off an urban-white American while the other group is denied their identity despite being a so-called native of independent USA.

Re: Newsom vetoes a proposed ban on caste discrimination in California

#112

Earlier quoted context omitted.

You have to be upper caste to not have to think about caste. That being said, I’ve seen very little evidence of this as well. Which makes it even more perplexing why groups would oppose the addition of caste among the list of factors on which someone can be discriminated. I do think Newsom is right in that it’s covered under current ancestry laws (proponents point to a case in NY decades ago when ancestry wasn’t incl…

I am not upper caste and I don't think about caste. Nor does any of my friends or family ever talk or mention someone's caste except rarely in very limited circumstances about older parents in India caring about their children's potential spouses' castes. And even that is dying out fast with society liberalizing extremely fast and the generational turnover.

Seconded. Not upper caste, never came up in the US.

This entire bill feels so alien to the lived experience of every Indian I know in the US.

Re: Newsom vetoes a proposed ban on caste discrimination in California

#113

Earlier quoted context omitted.

If the law already covers it, why would explicitly enumerating its coverage add risk of lawsuit?

I'm describing what I think is a predictable second-order effect of this explicit enumeration. Prop 65 seemed like a fine idea. Let's make sure people know about the carcinogens in their daily lives! Oops, now that stupid sticker is on everything, because you've created a fear in the minds of retailers and manufacturers. It's entirely useless, nothing has improved, but now people spend additional time wasting paper a…

>The law itself thinks it's covering a hole in existing protections

I don't think that was quite the argument. Per Sen. Wahab: >It’s largely believed that California’s civil rights law does cover caste to some degree, because some people will put it under the concept of ancestry or race. But caste is very specific; it encompasses more than just those two factors. We are just trying to clarify the law to explicitly include protection against discrimination based on a person’s caste, which we define as a system of social stratification, in which people are characterized by hereditary status, social barriers and other forms of segregation.

The intent seems to be to ensure no future confusion based upon something we all presently read in the law. Given how Gavin Newsom has recently been publicly at odds with judges over the interpretation of laws and that we've seen interpretations change radically over time (2nd amendment!), it's hardly without precedent.

>predictable second-order effect of this explicit enumeration... and those doing the accounting will find the easiest path through it.

Rather than comparing to consumer labeling laws, what about comparing to other presently enumerated forms of discrimination (and information collection requirements). Do you think we are presently harming minorities with these same second order effects from explicitly listing race and requirements to measure race in hiring? Or that non-heterosexual folk were harmed by explicitly adding sexual orientation (courts had previously inferred it based on prohibiting sex based discrimination)?

Re: Newsom vetoes a proposed ban on caste discrimination in California

#114

Good. The West does not understand caste. Their only comparison is slavery which is completely irrelevant. The closest thing to caste in the West is class. This is the British social classification experiment all over again where they came to India, invented criminal tribes and martial races, and took the fluid jati/varna system and froze everything as part of law instead of letting society deal with its problems at…

An absolutely disgusting response, to the point where I don't think you read the article or have a vested interest in preventing action. This isn't about "the US recognizing the caste system" or even about who is responsible for it. It's about preventing very real, very tangible discriminatory effects happening to people TODAY, right now. When the time comes to prevent actual, quantifiable harm, slippery slope argume…

> It's about preventing very real, very tangible discriminatory effects happening to people TODAY, right now.

Draconian versions of such anti-discrimination laws exist in India. They are weaponized to settle personal scores to such an extent that the Supreme Court of India has had to step in on multiple occasions.[1][2]

This is a legitimate fear of those protesting against such laws in the US.

If you cannot handle caste discrimination cases without enacting a religion-specific law, that is a defect of existing laws that the relevant authority should fix.

[1] "Civil dispute can’t be converted to a case under SC/ST Act: SC (https://timesofindia.indiatimes.com/india/civil-dispute-cant...)

[2] "Insulting, abusing SC/ST person not an offence under SC/ST Act unless victim abused on account of caste: Supreme Court" (https://www.barandbench.com/news/litigation/insulting-abusin...)

Re: Newsom vetoes a proposed ban on caste discrimination in California

#115

Good. The West does not understand caste. Their only comparison is slavery which is completely irrelevant. The closest thing to caste in the West is class. This is the British social classification experiment all over again where they came to India, invented criminal tribes and martial races, and took the fluid jati/varna system and froze everything as part of law instead of letting society deal with its problems at…

How is this related to the British? Caste is not their invention.

Indian politicians will try to maximize votes overall. Only in a district with supermajority caste-culture population would they be able to prefer their caste over others someone in campaigning, and why wouldn't they do that anyway?

As it stands now, an elected Indian official is free to appoint only same-caste officials when said officials are also Indian. Do they pr do they not do that now?

Re: Newsom vetoes a proposed ban on caste discrimination in California

#116
post #110

Earlier quoted context omitted.

No, it is not. If I propose adding "don't be sneaky little hobbitses" to the MIT license and people don't want to add it, is it evidence that we have sneaky Hobbits infiltrating the software developer community? Or something more serious, people who are against the PATRIOT Act are evidence that we need the laws and they are not patriots, anyway? Is it the level of discourse we want? You take what's in the bill at fac…

>Then, as this gets more and more common, companies stop hiring people from South Asia because they don't want to deal with this. And what is wrong with this solution, compared to the alternative of American companies and the American people being forced to deal with foreign prejudices and beliefs imported into their country? When children get into a fight, adults intervene by separating the combatants and sending th…

> I don't care. I shouldn't care. I shouldn't have to know or care in the first place!

Newsom vetoing the bill is on similar grounds - no one should care or talk about cast and certainly it should not be mentioned in any CA bill.

Re: Newsom vetoes a proposed ban on caste discrimination in California

#117

The large and vocal constituency activated against the bill is good evidence that in fact it is not already accounted for under existing civil rights law.

Precisely. I'm trying to understand the resistance in good faith, but the article didn't explain their position very clearly. "It's already prohibited" - so why the fierce opposition? "Passing a law against discrimination of X will stigmatize X" - Imagine someone was making this argument for an existing federally protected class.

> "It's already prohibited" - so why the fierce opposition?

Because making something double illegal is a waste of time at best, and at worst would be actually harmful if there are unforeseen negative consequences.

Re: Newsom vetoes a proposed ban on caste discrimination in California

#118
post #102
post #47

Earlier quoted context omitted.

I think he means it would be better proof if you simply gave an example case which was dismissed because a Judge ruled that it didn't qualify as a civil rights violation.

That isn't how it works. The issue is that cases are not brought because it is hard to prove it illegal. https://www.equalitylabs.org/castesurvey documents that 2/3 of Dalits in the USA report being mistreated at work. I'm only aware of one lawsuit about it. That was the CISCO case. No federal agencies got involved because it does not fall into race, color, religion, sex, national origin, age, disability or genetic i…

>In the absence of any case, ever, saying that it is illegal to discriminate on caste in the USA, it is almost certainly generally legal.

That's not how it works. You're conflating court cases vs court decisions.

> documents that 2/3 of Dalits in the USA report being mistreated at work

That's an online self reported survey conducted by a partisan foundation. It certainly didn't cover all Dalits in the US, nor was it a random or representative sample.

If there were actually that many people facing discrimination, there would be more court cases, and then you can point to court decisions potentially finding that discrimination by caste is or is not illegal. The absence of such cases and decisions could also be caused by no one being discriminated against on the basis of caste.

As linked in some sibling comments, the CISCO case was withdrawn because they didn't find discrimination and were actually discriminating and making assumptions about the alleged perpetuators and publicizing it.

Not all forms of discrimination would be illegal even if discrimination on the basis of caste was banned. For example, a Dalit in the poll might have reported as discrimination that a coworker didn't invite them to their home after work but invited a different coworker who wasn't a Dalit. That happens all the time in the US and the world on the basis of race, sex etc. and certainly is not illegal even if provable. Just like the super common racial discrimination in dating that hasn't been made illegal. The examples given on the site in your link are more on the lines of those, stories about being invited to a religious ceremony and not allowed to share meat based food.

Re: Newsom vetoes a proposed ban on caste discrimination in California

#119

I agree with Newsom, this is covered already. > The veto dealt a blow to state Sen. Aisha Wahab (D-Hayward), a first-term lawmaker who shepherded one of the more controversial bills of the session through the Legislature. It's like when a new VP joins the company you work for and suddenly there's a useless project of some kind. A new initiative or re-org that they are spearheading to justify their position/salary. I…

Would you use the same logic to argue in favor of California updating it's law to remove listing race, sex, color, and ancestry from the list of explicitly defined prohibitions? The argument in the case of caste is that it's already covered by way of the law presently prohibiting discrimination based on "ancestry". But additionally, the law prohibits discrimination based on "genetic information", which seems like it…

> Would you use the same logic to argue in favor of California updating it's law to remove listing race, sex, color, and ancestry from the list of explicitly defined prohibitions?

If, as you have indicated, those provisions are already redundant under California law - of course I would. You seen to be asking this question as if you expect to catch someone in a contradiction, but I don't think you're going to find people support one situation but not the other.

Re: Newsom vetoes a proposed ban on caste discrimination in California

#120
post #110

Earlier quoted context omitted.

>Then, as this gets more and more common, companies stop hiring people from South Asia because they don't want to deal with this. And what is wrong with this solution, compared to the alternative of American companies and the American people being forced to deal with foreign prejudices and beliefs imported into their country? When children get into a fight, adults intervene by separating the combatants and sending th…

> I don't care. I shouldn't care. I shouldn't have to know or care in the first place! Newsom vetoing the bill is on similar grounds - no one should care or talk about cast and certainly it should not be mentioned in any CA bill.

I know. I am going further, and stating that if South Asians are arguing *in the US* about the existence and extent of caste-based discrimination, and it's gotten to the point that a law was proposed and almost enacted, maybe we Americans should question whether we should have the arguers, as well as the arguments, in the US in the first place.

I mean, you can say that the South Asian presence in the UK is because of the legacy of empire and all that. You can kind of sort of make the same argument for Canada. But that in no way applies to the US. The US has zero obligations of any kind to India. Like all immigrants Indians should be evaluated on their potential to contribute to the US in positive and negative ways.

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