Keith Mack
Discrimination is prohibited by law in the United States, and this includes websites. The Civil Rights Division enforces federal laws that protect individuals from discrimination based on race, colour, national origin, disability status, sex, religion, familial status, or loss of other constitutional rights. While the Computer Fraud and Abuse Act (CFAA) prohibits studies that aim to determine whether websites are discriminating against users, the Fair Housing Act of 1968 made housing discrimination, including online, illegal. The Equal Employment Opportunity Commission (EEOC) enforces laws that make it illegal to discriminate against someone based on race, colour, religion, sex, national origin, age, disability, or genetic information.
| Characteristics | Values |
|---|---|
| Websites violating anti-discrimination laws | Websites cannot violate anti-discrimination laws in the physical sense, but they can in terms of content and access. |
| Legal action | If a website is found to be in violation of anti-discrimination laws, a discrimination lawsuit can be filed against the owner. |
| Protected categories | Race, colour, religion, sex, national origin, disability, age (40 or older), and genetic information are protected categories under anti-discrimination laws. |
| Federal laws | The Civil Rights Act of 1964, Title VII, the ADA, GINA, the ADEA, and the EPA are federal laws that prohibit discrimination. |
| State laws | While states can regulate conduct that occurs on websites, no state has specifically regulated websites in terms of anti-discrimination laws. |
| First Amendment | Any regulation of website content or access must consider the First Amendment, which protects freedom of speech and expression. |
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What You'll Learn
Online housing discrimination
HUD's website provides information and resources for individuals who believe they have experienced housing discrimination, including an online report housing discrimination form available in multiple languages. The form can be used to report various types of housing discrimination, such as discrimination based on race, colour, national origin, religion, sex, familial status, or disability.
Additionally, HUD's website outlines specific protections for individuals under the Violence Against Women Act (VAWA). This includes survivors of domestic violence, dating violence, sexual assault, or stalking. Individuals who have experienced housing discrimination under VAWA can report it to HUD and seek assistance.
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Racial discrimination
In the United States, federal laws prohibit discrimination based on race, colour, religion, sex, national origin, disability, or familial status. These anti-discrimination laws apply to all aspects of employment, housing, credit, and public accommodations like restaurants, movie theatres, parks, and trains.
If an individual believes they have been subjected to racial discrimination on a website or online platform, they can submit a complaint to the Equal Employment Opportunity Commission (EEOC) or a relevant government agency, such as the Civil Rights Division of the Department of Justice. The EEOC investigates charges, seeks settlements, and determines whether a violation has occurred. Individuals can also file a lawsuit, but there are strict time limits, typically within 180 days of the alleged violation.
To avoid violating anti-discrimination laws, websites should ensure that their policies and practices do not directly or indirectly cause harm to individuals based on their race or other protected characteristics. This includes providing reasonable accommodations for applicants and employees with disabilities or particular religious beliefs, unless doing so causes significant difficulty or expense.
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Discrimination based on sexual orientation
In the United States, sexual orientation discrimination is illegal in both public and private workplaces. This was solidified by the 2020 Supreme Court decision, Bostock v. Clayton County, Georgia, which also outlawed workplace discrimination on the basis of gender identity.
Sexual orientation discrimination includes treating someone differently or harassing them because of their actual or perceived sexual orientation. This could be in the form of homophobic slurs or jokes, posting offensive pictures, or other physical acts. It is also discriminatory for an employer to refuse to hire or fire an employee based on their sexual orientation or that of their partner. For example, an employer cannot fire a gay employee for marrying their same-sex partner, or refuse to hire a heterosexual employee because of their sexual orientation.
Despite federal law not explicitly banning discrimination based on sexual orientation or gender identity in public accommodations, such as restaurants or theatres, state and local laws may prohibit this. For instance, Title IX of the Education Amendments of 1972 bans discrimination based on sex by public schools, and the Supreme Court held in 2020 that discrimination on the basis of sexual orientation and gender identity is sex discrimination, thus prohibiting students from discrimination on the basis of sexual orientation or gender identity. Additionally, the Housing and Urban Development's (HUD) Equal Access Rule bans discrimination in HUD programs on the basis of sexual orientation or gender identity.
LGBTQI+ individuals may also experience discrimination in the form of avoidance behaviours, such as hiding personal relationships, changing their mannerisms or dress, or avoiding certain locations.
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Discrimination based on religion
In the United States, the Equal Employment Opportunity Commission (EEOC) enforces laws that make it illegal to discriminate against someone (applicant or employee) because of that person's religion. This includes treating someone differently because of their lack of religious beliefs or practices, as well as their request for accommodations of their religious beliefs and practices. The law also protects those who are married to or associated with an individual of a particular religion. Title VII of the Civil Rights Act of 1964 also prohibits workplace or job segregation based on religion, including religious garb and grooming practices. It requires employers to reasonably accommodate employees' and prospective employees' religious practices unless doing so creates an "undue hardship" for the employer.
Examples of religious accommodations include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices. However, an employer does not have to accommodate an employee's religious beliefs or practices if doing so would cause undue hardship, such as being costly, compromising workplace safety, decreasing workplace efficiency, infringing on the rights of other employees, or requiring other employees to do more than their share of potentially hazardous or burdensome work.
Harassment based on religion is also prohibited and can include religious slurs, workplace graffiti, offensive remarks about a person's religious beliefs or practices, or other offensive verbal or physical conduct directed towards any religious group. This includes harassing someone for their religious dress or appearance, such as a yarmulke or hijab. It is also illegal to retaliate against someone because they have complained about or participated in an investigation of religious discrimination.
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Discrimination based on disability
In the US, the Equal Employment Opportunity Commission (EEOC) enforces laws that prohibit discrimination based on disability. The EEOC requires employers to provide reasonable accommodations to employees or job applicants with disabilities, unless doing so causes significant difficulty or expense. Reasonable accommodations may include providing a ramp for wheelchair users or offering readers or interpreters for blind or deaf employees. Federal laws such as the Americans with Disabilities Act (ADA) and the Rehabilitation Act also protect individuals with disabilities from discrimination in employment and during the job application process. The ADA prohibits discrimination against people with disabilities and guarantees equal opportunities in sectors such as employment and transportation.
Additionally, the Rehabilitation Act, enforced by the Office of Federal Contract Compliance Programs (OFCCP), prohibits discrimination by federal agencies or programs and activities receiving federal financial assistance. Section 503 of the Rehabilitation Act specifically addresses federal contractors or subcontractors with federal contracts exceeding $10,000, requiring affirmative action in hiring, placement, and advancement for individuals with disabilities. The Civil Service Reform Act (CSRA) also includes rules prohibiting discrimination against applicants and employees with disabilities in most federal agencies.
In the UK, Citizens Advice provides guidance on disability discrimination, offering support for individuals who have faced discrimination at work or in education due to their disability.
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Frequently asked questions
Discrimination can take many forms, including harassment, slurs, offensive or derogatory comments, or other verbal or physical conduct. Discrimination can occur in a variety of settings, including the workplace, housing, schools, voting, business, healthcare, and public spaces.
There are several laws in place to protect against discrimination, including the Federal Civil Rights Act of 1964, the Fair Housing Act of 1968, Title VII of the Civil Rights Act, the ADA, GINA, and the ADEA. These laws prohibit discrimination on the basis of race, colour, religion, sex, national origin, age, disability, or genetic information.
Yes, websites have been found to use demographic data to discriminate against users, such as raising or lowering prices, showing different advertisements, or steering users to specific content. This type of discrimination is often difficult to study due to overbroad laws and the complex nature of online discrimination.
If you believe you have experienced discrimination, you can report it to the Civil Rights Division of the Department of Justice by completing an online form or calling to report a violation. You may also be able to file a lawsuit against the discriminating party, but it is recommended to seek legal advice first.
Violating anti-discrimination laws can result in legal consequences, including lawsuits and financial penalties. Additionally, it can lead to negative publicity and damage to the reputation of the discriminating party. In some cases, it may even result in criminal charges, such as in the case of hate crimes.
