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Uber banned from operating in Indian capital after rape accusation

reuters.com

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Re: Uber banned from operating in Indian capital after rape accusation

#222
post #40

If the man was aquitted, why is background check even mentionned? You can't refuse someone because he was accused of something, right? That'd be very discriminatory

You can actually hire (or not hire) anyone you want. Background checks can find all sorts of things, most of which can be used against you. Only a few classes are protected, and 'accused of crime' isn't one of them.

I don't know specifics about Indian law, but in Canada, any "personal caracteristic" (varies on a province basis) is protected under the charter. This is defined as "individual characteristics that are permanent or difficult to change, such as race, colour, sex, ethnic origin or disability."*. Accusation record seems to fit that description.

Therefore, it would be illegal for someone to refuse someone because of this.

Source: http://www.cdpdj.qc.ca/en/pages/lexique.aspx#personal-charac...

Re: Uber banned from operating in Indian capital after rape accusation

#224
post #222

Earlier quoted context omitted.

You can actually hire (or not hire) anyone you want. Background checks can find all sorts of things, most of which can be used against you. Only a few classes are protected, and 'accused of crime' isn't one of them.

I don't know specifics about Indian law, but in Canada, any "personal caracteristic" (varies on a province basis) is protected under the charter. This is defined as "individual characteristics that are permanent or difficult to change, such as race, colour, sex, ethnic origin or disability."*. Accusation record seems to fit that description. Therefore, it would be illegal for someone to refuse someone because of this…

I wonder if 'difficult to change' meant involuntary, like something you were born with. Your criminal record is by definition voluntary. You did something; it was recorded.
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