A Seattle City Councilwoman recently introduced legislation aimed at preventing discrimination on the basis of “caste”. While noble in intent, it felt somehow wrong to even acknowledge such divisions, and got me wondering if there might be any downsides to legally recognizing an oppressive system that does not exist in US law, and in fact directly contradicts it.
While the law would provide for penalties if such discrimination can be proven, the process of proving it would require that the plaintiff identify themselves as part of a group that has no definition or status in current law.
Indeed, it is quite likely that anyone immigrating from a society with such a system would desire to be free of it, and may have done so with the intent of shedding all remnants of such an oppressive system. They might therefore be hesitant to even file a suit and in doing so openly declare themselves to be of a status that forces them again into an unwanted classification that the new host country doesn’t as-of-yet even legally recognize.
(Of course, people in the U.S. might in fact mistreat other people based on perceived caste. This question does not assert otherwise, and it is irrelevant to the legal question asked.)
Ancillary questions:
Would bringing a claim of caste discrimination result in a new form of legal classification in US law necessary to bring about resolution of the claim?
What would be the ramifications for those wishing to remain undefined and untainted by caste designation?
Are there any other potential legal downsides to giving standing by recognizing non-US customs or traditions in the courts?