Keith Mack
Discrimination is the act of treating similarly situated people differently based on certain characteristics, often referred to as protected classes. Federal and state laws seek to protect people from being treated differently based on these characteristics. These protected classes include race, colour, religion, sex, national origin, disability, or age. Discrimination can occur in various aspects of life, including employment, education, and housing. For example, it is illegal for employers to discipline, harass, or refuse to hire or promote someone based on their national origin. Similarly, educational institutions are prohibited from discriminating in areas such as student assignment, transportation, and faculty hiring. In the case of housing, it is unlawful to deny housing opportunities based on race or ethnicity. To address discrimination, federal and state laws, such as the Civil Rights Act, have been established to protect individuals' civil rights and ensure equal opportunities.
| Characteristics | Values |
|---|---|
| Protected characteristics | Race, color, religion, sex, national origin, disability, age, marital status, political affiliation, gender identity, sexual orientation |
| Protected classes | Groups of people who share a common characteristic and are protected from discrimination based on that characteristic |
| Anti-discrimination laws | Title VII of the Civil Rights Act of 1964, Equal Pay Act, Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act of 1990 (ADA), Australian Human Rights Commission Act 1986, Australian Disability Discrimination Act 1992 |
| Anti-discrimination practices | Promoting diversity in the workplace, establishing complaint processes, providing staff training, ensuring physical and digital accessibility, equal pay for equal work |
| Discrimination claims | Consult an attorney, contact the Division's Office of Special Counsel, lodge a complaint with the Australian Human Rights Commission |
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What You'll Learn
Discrimination in employment
Discrimination in the context of employment law occurs when someone treats similarly situated people differently based on certain characteristics, often referred to as protected classes. Federal and state laws seek to protect people from being treated differently based on these protected characteristics or classes.
Some key anti-discrimination laws in the United States include:
- Title VII of the Civil Rights Act of 1964, which prohibits discriminatory practices in employment decisions, including hiring, promotion or demotion, and firing.
- The Equal Pay Act, which requires employers to provide equal pay for equal work, regardless of gender.
- The Age Discrimination in Employment Act (ADEA), which prohibits employment discrimination based on age.
- The Americans with Disabilities Act of 1990 (ADA), which prohibits disability discrimination.
- The Civil Rights Act, which prohibits discrimination on the basis of race, colour, or national origin.
In addition to federal laws, some states have their own anti-discrimination laws. For example, the Wisconsin Fair Employment Law prohibits discrimination in recruitment and hiring, job assignments, pay, leave or benefits, promotion, licensing, union membership, training, layoff and firing, and other employment-related actions.
Employers are required to post notices advising employees of their rights under anti-discrimination laws and their right to be free from retaliation for filing a complaint or opposing discrimination in the workplace. It is important for employees to understand their rights and for employers to establish policies and practices that promote a workplace free from discrimination and harassment.
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Discrimination in education
Discrimination is a common law issue, with federal and state laws in the US and federal laws in Australia seeking to prevent it. Discrimination occurs when someone treats people differently based on certain characteristics, often referred to as protected classes. Protected classes include characteristics such as race, colour, national origin, sex, disability, and age.
The Division's Educational Opportunities Section enforces these laws in elementary and secondary schools, as well as public colleges and universities. This includes addressing discrimination in all aspects of education, such as the assignment of students to schools and classes, transportation, hiring and placement of faculty, distribution of resources, and provision of educational programs for limited English-speaking students.
In Missouri, a bill banning race-based hair discrimination in education, known as the CROWN Act, has been proposed since 2020 and is awaiting the governor's signature. The legislation applies to any preschool, K-12, and higher education institution that receives state funds. If signed into law, Missouri would join 27 other states with laws protecting natural hair textures and prohibiting discrimination based on hair texture and protective hairstyles.
In conclusion, discrimination in education is a specific area of focus within the broader field of discrimination law. It involves addressing issues of unequal treatment in schools and educational institutions, with the aim of ensuring equal access and opportunities for all, regardless of their protected characteristics.
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Discrimination in housing
Discrimination is the act of treating similarly situated people differently based on certain characteristics, often referred to as protected classes. Federal laws in the United States create a baseline of protected classes, including disability, race, colour, religion, sex, sexual orientation, gender identity, national origin, and age. State laws may build upon these protections, with additional protected classes recognised in some states, such as ancestry, creed, marital status, and source of income.
Housing discrimination can manifest in various forms, including steering, intimidation, and coercion. Steering refers to the practice of a real estate agent directing a prospective tenant from a minority group away from considering homes in a particular neighbourhood, often based on race or ethnicity. Intimidation and coercion involve using threats or harassment to influence housing decisions, such as threatening to increase rent or evict a tenant if they complain about housing conditions.
Federal and state laws in the United States aim to protect individuals from housing discrimination. The US Department of Housing and Urban Development (HUD), through the Office of Fair Housing and Equal Opportunity (FHEO), enforces the Fair Housing Act and other federal laws related to fair housing. State-level agencies, such as the Colorado Civil Rights Division and the Missouri Department of Labor and Industrial Relations, also address housing discrimination within their respective states.
Individuals who believe they have experienced housing discrimination can file a complaint with the relevant state or federal agency. For example, the Wisconsin Fair Housing Law provides a process for individuals to file complaints with the Equal Rights Division, which can request that a court halt the eviction process during the investigation. Additionally, individuals can seek legal counsel from attorneys specialising in discrimination law to understand their rights and available legal options.
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Protected characteristics
Discrimination is treating someone 'less favourably' than someone else because of certain characteristics, often referred to as protected classes. Protected characteristics are traits that are protected by law from discrimination. Federal law creates a baseline of protected characteristics, and state laws may add additional protections. The nine protected characteristics under the Equality Act 2010 are:
- Age: It is illegal to discriminate against someone based on their age or age range.
- Disability: Discrimination against individuals with physical or mental impairments that impact their daily activities is prohibited.
- Sex Reassignment: The law protects individuals undergoing or proposing to undergo sex reassignment.
- Marriage and Civil Partnership: Same-sex couples are protected from discrimination, and their relationships are legally recognised.
- Pregnancy and Maternity: Treating a woman unfavourably during pregnancy, maternity leave, or while breastfeeding is unlawful.
- Race: Race is defined by colour, nationality, ethnicity, or national origin, and discrimination based on these factors is illegal.
- Religion and Belief: Religious and philosophical beliefs, including the absence of belief, are protected characteristics.
- Sexual Orientation: The Equality Act 2010 provides a framework to address discrimination based on sexual orientation.
In addition to these protected characteristics, individuals are also protected from discrimination if they are associated with someone who has a protected characteristic or if they have complained about or supported a claim of discrimination.
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Discrimination and harassment
Discrimination occurs when someone treats similarly situated people differently based on certain characteristics, often referred to as protected classes. Federal laws create a baseline of protected classes, including race, colour, sex, national origin, religion, age, disability, and genetic information. State laws may build upon these protections. For example, California's main anti-discrimination law in employment, the Fair Employment and Housing Act, includes additional protected characteristics such as sexual orientation, gender identity, and medical condition.
Discrimination in employment is illegal when it is based on personal characteristics or status protected under anti-discrimination laws. This includes harassment, which involves creating an intimidating, hostile, or threatening work environment due to a person's protected characteristics. Harassment can take various forms, such as offensive jokes, slurs, physical assaults, intimidation, or interference with work performance. To be illegal, harassment must be "severe or pervasive" enough to interfere with an employee's ability to perform their job.
Federal and state laws provide protections against discrimination and harassment in the workplace. The Equal Employment Opportunity Commission (EEOC) enforces these laws and provides a public portal for individuals to report complaints. Employers are encouraged to take proactive steps to prevent and correct unlawful harassment by establishing effective complaint processes, providing anti-harassment training, and promptly addressing employee concerns.
To promote a workplace free from discrimination and harassment, organisations should develop and implement comprehensive policies. This includes establishing contact points for employees to discuss issues, providing training on rights and responsibilities, and ensuring managers model behaviour consistent with a discrimination-free workplace. Identifying potential risk factors for discrimination and harassment is also essential, especially when employees return from extended leave due to protected reasons.
Additionally, anti-discrimination laws prohibit retaliation against individuals who file a discrimination charge, participate in investigations, or oppose employment practices they reasonably believe are discriminatory. This protection extends to individuals who refuse to follow orders that would result in discrimination or intervene to protect others from harassment.
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Frequently asked questions
Discrimination law seeks to protect people from being treated differently based on certain protected characteristics or classes. Discrimination occurs when someone treats similarly situated people differently based on certain characteristics.
Discrimination can occur in various aspects of employment, including hiring, promotion or demotion, and firing. For example, requiring applicants of certain nationalities to show work authorization documents while not requiring the same of native-born applicants is a form of discrimination. Discrimination can also occur in housing, with rental agents showing bias based on race or ethnicity.
Protected characteristics vary by jurisdiction but can include age, disability, race, sex, gender identity, and sexual orientation.
If you believe you have been discriminated against, you can seek legal advice from an attorney specializing in discrimination law and take steps to enforce your legal rights. In some countries, you can lodge a complaint with a relevant commission or agency, such as the Australian Human Rights Commission or the U.S. Equal Employment Opportunity Commission (EEOC).
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