Assuming a young woman woman will become pregnant and declining to hire or promote her is wrong. And so on.
Now unfortunately there are loopholes in and ways around all of those restrictions. A racist can't legally place a "No N*****s!!!" clause in her company's hiring policy but no one can force her to mentor Black employees with the same vigor that she does for others. Still, laws that prevent mistreatment for race, religion, ethnicity are good things. It's trickier when we make laws to prevent differential treatment for actual individual past wrong doing. The city of Oakland has banned most background check usage by landlords.
Oakland became the first city in California to ban criminal background checks in most housing applications for private and other rental units under a measure adopted by the City Council on Tuesday. The council unanimously passed a “fair chance housing” ordinance that bars landlords from conducting criminal background checks on prospective tenants.
The ordinance in Oakland is the first to include rental units outside subsidized affordable and nonprofit housing. The measure, supporters say, could prevent homelessness and bring down the recidivism rate.
“There is only one place in America that any one of us is guaranteed a roof over our heads and that is in prison,” said John Jones III, campaign director for Alameda County Fair Chance to Housing Coalition. “All of us seek to have safe shelter. That should not be a matter of privilege.”
Applicants who believe they were discriminated against due to their criminal background can file a complaint with the city or a lawsuit. The city can issue penalties of up to $1,000 per violation.
If a private action is filed, a court could award damages.