Non-Discrimination Laws: Universal Applicability?

Non-discrimination laws are designed to prevent discrimination against particular groups of people, often referred to as protected groups or classes. These laws are rooted in principles of equality, specifically that individuals should not be treated differently due to characteristics such as sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religion, creed, or individual political opinions. While non-discrimination laws vary by jurisdiction, they generally aim to prevent discrimination in employment, housing, education, and other areas of social life. In the United States, for example, non-discrimination laws enforced by the Equal Employment Opportunity Commission (EEOC) prohibit discrimination in employment based on race, colour, religion, sex, national origin, age, disability, or genetic information. Additionally, housing non-discrimination laws in the US protect LGBTQ individuals from unfair eviction, denial of housing, or refusal to rent or buy housing based on their sexual orientation or gender identity. Internationally, the Universal Declaration of Human Rights (UDHR) outlines equality and freedom from discrimination as basic human rights, and nations have committed to upholding these rights through the ratification of international human rights treaties. While non-discrimination laws aim to protect all people, exceptions are sometimes included, particularly regarding the military and religious organizations.

Do non-discrimination laws apply to LGBTQ+ people?

Non-discrimination laws exist at the federal, state, city, and county levels in the US. While there is no federal law that explicitly protects LGBTQ+ people from discrimination, there are some federal laws that offer some protection.

Federal Laws

The Fair Housing Act prohibits sex discrimination by most landlords, and the Supreme Court has held that this includes discrimination on the basis of sexual orientation and gender identity.

State Laws

As of February 2022, 23 states, 1 territory, and Washington DC have laws that explicitly prohibit discrimination based on sexual orientation and gender identity. 8 states interpret their existing prohibition on sex discrimination to include sexual orientation and/or gender identity. 1 state prohibits discrimination based on sexual orientation only, and 18 states and 4 territories have no explicit prohibitions for discrimination based on sexual orientation or gender identity.

Local Laws

In states without state-level protections, municipalities may provide local-level non-discrimination protections.

Do non-discrimination laws apply to racial discrimination?

Non-discrimination laws apply to all people and protect against racial discrimination in the United States.

Racial Discrimination in Employment

The U.S. Equal Employment Opportunity Commission (EEOC) enforces laws that prohibit employment discrimination based on race, colour, religion, sex, or national origin. These laws apply to all employers with 15 or more employees, including state and local governments and educational institutions.

It is illegal to discriminate against a job applicant or employee because of their race or personal characteristics associated with race, such as hair texture, skin colour, or facial features. This includes treating someone unfavourably because they are married to or associated with someone of a certain race. Racial discrimination in the workplace can also take the form of harassment, such as the use of racial slurs or offensive remarks, or the display of racially offensive symbols.

Racial Discrimination in Housing and Credit

The U.S. Department of Housing and Urban Development (HUD) enforces the Fair Housing Act, which prohibits discrimination in housing based on race, colour, or national origin. Additionally, the Equal Credit Opportunity Act provides protections from discrimination in lending.

Racial Discrimination in Public Accommodations

Public accommodation nondiscrimination laws protect people from being refused service, denied entry, or discriminated against in public places based on their race. Public accommodations include anywhere someone might be when not at home, work, or school, such as retail stores, restaurants, parks, hotels, doctors' offices, and banks.

Racial Discrimination in Education

Under Title VI of the Civil Rights Act, discrimination based on race, colour, or national origin in educational programs or activities that receive federal financial assistance is prohibited. This includes schools and colleges that receive funding from the U.S. Department of Education.

Racial Discrimination by Law Enforcement

The Omnibus Crime Control and Safe Streets Act of 1968 prohibits discrimination by police departments that receive federal funds through the U.S. Department of Justice. Title VI of the Civil Rights Act of 1964 also prohibits discrimination by law enforcement agencies that receive federal financial assistance.

Racial Discrimination in Voting

The Voting Rights Act prohibits limiting or denying the right to vote based on race, colour, or membership in a language minority group. It also requires that election materials and assistance be provided in languages other than English in certain jurisdictions.

In summary, non-discrimination laws in the U.S. provide comprehensive protection against racial discrimination in various aspects of life, including employment, housing, public accommodations, education, law enforcement interactions, and voting. These laws are enforced by various federal agencies and aim to ensure equal treatment and opportunities for all individuals, regardless of their race.

Do non-discrimination laws apply to gender discrimination?

Non-discrimination laws apply to all people, and they vary depending on the jurisdiction. In the US, the Equal Employment Opportunity Commission (EEOC) enforces laws that prohibit discrimination based on race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability, or genetic information.

Yes, non-discrimination laws apply to gender discrimination. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sex, and this includes gender identity and sexual orientation. The EEOC has taken the position that LGBTQ+ people are protected under Title VII, and the Supreme Court affirmed this in Bostock v. Clayton County, holding that "discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex".

The EEOC enforces laws that prohibit discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. It is also illegal to harass an employee or create a hostile work environment based on their gender identity or sexual orientation.

Additionally, the Equal Pay Act of 1963 protects men and women who perform substantially equal work from sex-based wage discrimination.

Outside of employment, the Fair Housing Act prohibits sex discrimination by most landlords, and the Supreme Court has held that this includes discrimination based on sexual orientation and gender identity.

However, it is important to note that there is no federal law that bans discrimination based on sexual orientation or gender identity in public accommodations such as restaurants, theatres, and other businesses. Nonetheless, state and local laws may ban this type of discrimination.

Do non-discrimination laws apply to religious discrimination?

Non-discrimination laws apply to all people, and this includes protection from religious discrimination.

In the United States, Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against individuals because of their religion (or lack of religious belief) in hiring, firing, pay, job assignments, promotions, or any other terms and conditions of employment. The law also prohibits job segregation based on religion, such as assigning an employee to a non-customer-facing role due to actual or feared customer preference.

Additionally, the Act requires employers to reasonably accommodate the religious beliefs and practices of applicants and employees, unless doing so would cause more than a minimal burden on the operation of the employer's business. A reasonable religious accommodation is any adjustment to the work environment that allows the employee to practice their religion. Examples include flexible scheduling, voluntary shift swaps, job reassignments, and exceptions to dress or grooming rules.

Religious discrimination can also involve treating someone differently because of their association with an individual of a particular religion. It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on religion or for filing a discrimination charge.

Harassment of employees based on their religion is illegal. This includes offensive remarks, severe insults, threats, or continuing words and actions intended to intimidate or harass an employee for their religious faith. Harassment is unlawful when it is so frequent or severe that it creates a hostile or offensive work environment or results in an adverse employment decision such as the victim being fired or demoted.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces these laws and provides guidance on religious accommodations and other employment law issues.

Do non-discrimination laws apply to age discrimination?

In the United States, non-discrimination laws apply to age discrimination. The Age Discrimination Act of 1975 prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance. The Act applies to all ages and permits the use of certain age distinctions and factors other than age that meet the Act's requirements. The Act is enforced by the Civil Rights Center.

The Age Discrimination in Employment Act of 1967 (ADEA) is a federal law enforced by the U.S. Equal Employment Opportunity Commission (EEOC) that prohibits employers with 20 or more employees, state and local governments, employment agencies, labor organizations, and the federal government from discriminating based on age. The ADEA provides protection to people over 40 years of age by forbidding age discrimination against individuals who are 40 years of age or older. It does not protect workers under the age of 40, although some states have laws that protect younger workers from age discrimination.

The ADEA prohibits discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment. It is unlawful to harass a person because of their age, and harassment can include offensive or derogatory remarks. A hostile work environment claim under the ADEA is one in which an employee experiences unwelcome, frequent, and offensive behavior related to their age.

To prove an age discrimination claim, an employee must show that they performed their work satisfactorily, that the employer took adverse action against them, and that the employer's action was due to the employee's age. It can be challenging to prove discriminatory practices, including age discrimination.

In addition to the ADEA, other laws also address age discrimination. For example, the Older Workers Benefit Protection Act (OWBPA) amended the ADEA to enhance protections for older workers concerning employee benefit plans. The OWBPA prohibits age discrimination in fringe benefits such as disability, life, and health insurance, pension benefits, and retirement plans.

Overall, non-discrimination laws in the United States do apply to age discrimination, and there are federal and state laws in place to protect individuals from age discrimination in various contexts.

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