Cabbies vs. lawyers

[Volokh, Eugene]

                “Discrimination based on religion,” in American antidiscrimination law, means discrimination based on the target’s religious beliefs, not discrimination based on the actor’s beliefs.  That’s why someone who fires employees for adultery, for instance, isn’t discriminating based on religion (assuming he fires all adulterers), even if his motivation for not wanting to work with adulterers is his religious beliefs.  Likewise, a lawyer who refuses to represent saloons or abortion clinics isn’t discriminating based on religion, even if his motivation for the discrimination is his own religious opposition to alcohol or abortion.

                Eugene

From: religionlaw-bounces at lists.ucla.edu [mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Steven Jamar
Sent: Tuesday, March 06, 2012 5:18 PM
To: Law & Religion issues for Law Academics
Subject: Re: Cabbies vs. lawyers

Are not the cabbies discriminating against customers on the basis of religion? Or is the alcohol proxy enough to remove that taint?

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