Not an EC statement but one formed from my judgement. As per the law, it is a United States law. The NixOS Foundation is not based in the US. The individual in question is also not a US citizen from what I know. From what I can gather, that law would not apply outside the US. I think the claim of this falling under that title would be very shaky and if it were to go to court, likely would be thrown out. Don’t forget, the vast majority of people here are volunteers. I don’t think a hostile workplace could be claimed from a community like this. Anyone is free to come and go as they please.
That is correct, I am connected to the united states, and the United States does not care where the corporation is located, as long as they intended their effects to be felt in the jurisdiction of the united states, or they form contracts with individuals in the united states see e.g. the Calder effects test, and Burger King Corp. v. Rudzewicz.
Again, i think you should have a talk to this person, and the moderation team, and have them take a corporate HR class, lest they think they are above the law.
Thank you for the comment. Closing the thread as not likely to be productive. Bring up legal matters to the appropriate place for consideration. This forum is not the venue for it.