[jhomedall]

As per the post you are replying to, choice of programming project is, unlike race and religion, not a protected class. It is perfectly legal in the US for a company to discriminate based on it.

A company could also freely and legally discriminate based on whether or not you prefer whole-wheat bread. That's not a protected class. It doesn't matter that whole-wheat bread is legal.

[johnny_b_g]

I think you guys are conflating this with what the poster is getting at, which based on what was said ("implying criminality"), is more akin to defamation (though admittedly the choice of earlier examples is poor).

If, as an employer, I decide that because you chose a specific project (or political party, or brand of motor bike, etc. anything whose association has potential 'dubious legal status') that you're part of a criminal organization (and hence a criminal, or any other description that might be undesirable/harmful) because of that and don't hire you, that may put me at risk.

Obviously there would be a legal bar to meet from that, not the least of which would be proving that it was intentional to defame the person, and resulted in actual damages to that person (i.e. proper standing - would not getting the job be enough?)

IDK IANAL, but I sure AF wouldn't want to be the trailblazer for finding out (like IBM is right now).

[sebastien_b]

Johnny gets it