Star Trek Picard introduced the concept of “XBs” (for Ex-Borg) who were the “most despised people” in the galaxy. Given the Borg Collective is comparable to Soviet Communism forcefully assimilating all in their path for the “collective” good, it is easy to see why there would be a bias against XBs. However, like those who suffered under the heel of Soviet oppression, XB’s were victims of Borg totalitarianism.
Given the prospective discrimination against XBs, what are the possible legal protections for them?
Prohibition Against Racial Discrimination
If XBs are considered a race, the 14th Amendment prohibition on racial discrimination is a means of protecting the rights of Reclaimed Borg.
Section 1 to the 14th Amendment to the US Constitution prohibits states from depriving individuals of life, liberty, and property, without due process of law and equal protect of the law. A universe of civil rights laws have been enacted to prohibit racial discrimination, such as the ability to enter contracts under 42 U.S.C. § 1981.
The issue with XBs is that the Borg assimilated thousands of species. Any XB is still a member of their original species, just that the Borg assimilated them. This would make discrimination against someone who is an XB is not because of race, but because they were assimilated. For example, a Vulcan who was assimilated is still a Vulcan. The XB does not lose the fact they are a member of their species. This would move discrimination out of a racial basis and into the fact they are survivors of being members of the Borg.
Prohibition Against Discrimination on the Basis of a Disability
The prohibition against discriminating against individuals with disabilities is a stronger means to protect XBs. The Americans with Disabilities Act (ADA) was enacted because Congress identified a history of irrational employment discrimination where society isolated and segregate individuals with disabilities. Board of Trustees of Univ. of Alabama v Garrett, 531 U.S. 356 (2001), citing 42 U.S.C. 12101(a)(2).
The ADA states that no “entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.” 42 U.S.C. § 12112. A “Qualified individual” is someone who, with or without reasonable accommodation, “can perform the essential functions of the employment position that such individual holds or desires. ” 42 U.S.C. § 12111(8).
A “disability” is defined as a physical or mental impairment that substantially limits one of more major life activities. 42 U.S.C. § 12102(1)(A). “Major life activities” can include any of the following, but are not an exhaustive list: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. 42 U.S.C. § 12102(2)(A). Major life activities also include bodily functions, such as normal cell growth, neurological, and other bodily functions. 42 U.S.C. § 12102(2)(B).
Reclaimed Borg includes individuals who have endured physical mutilation and are missing arms, eyes, and other body parts. Moreover, XBs would have been dependent on having functional cortical nodes to control their remaining cybernetic implants in order to live. All of these physical conditions would limit the “major life activities,” of XBs, because of their experience being assimilated and reclaimed. As such, XBs would fall under the protection of the ADA and related laws to protect individuals with disabilities from discrimination.
