Cecily Zamora
Perceptive discrimination is a legal term that applies when an individual is treated unfairly because they are perceived to have a certain protected characteristic under the Equality Act 2010, regardless of whether or not this is true. For example, it is unlawful to refuse to sell, rent, or lease housing to someone based on their actual or perceived race, creed, colour, national origin, gender, age, disability, sexual orientation, uniformed service, height, weight, marital status, partnership status, or immigration or citizenship status. This also applies to employment practices, such as hiring decisions or promotions, where it is illegal to discriminate based on perceived characteristics. New York City's Administrative Code, Title 8: Civil Rights, specifically prohibits discriminatory practices based on perceived characteristics in housing, employment, and other areas.
| Characteristics | Values |
|---|---|
| Legal term | Perceptive discrimination |
| Applies when | An individual is treated unfairly because they are perceived to have a certain protected characteristic under the Equality Act 2010 |
| Examples | - A member of staff refuses to supervise a student because they believe that they are transsexual - An employer decides not to promote a member of staff because they believe they have a disability |
| Unlawful discriminatory practice | - Housing accommodation - Employment |
| Housing accommodation unlawful discriminatory practices | - Refuse to sell, rent, lease, approve the sale, rental or lease or otherwise deny housing accommodation |
| Employment unlawful discriminatory practices | - Refuse to hire or employ - Base an employment decision with regard to hiring, compensation or the terms, conditions or privileges of employment on an applicant's unemployment |
Explore related products
$47.99 $76.95
What You'll Learn
Perceptive discrimination
For example, a staff member may refuse to supervise a student because they believe the student is transgender, or an employer may decide not to promote a staff member because they believe the employee has a disability. In these cases, the individual is being discriminated against based on a perceived characteristic, regardless of whether or not the perception is accurate.
In the context of employment, it is unlawful for an employer or their agent to discriminate against an individual based on their perceived status as a victim of domestic violence, sex offences, or stalking. This includes refusing to hire or employ, barring from employment, or subjecting the individual to any other form of discrimination.
History of Abuse Laws: When Were They Created?
You may want to see also
Explore related products
Housing discrimination
In addition to federal law, state laws, such as those in California, may offer additional protections. For example, California's Fair Employment and Housing Act (FEHA) prohibits discrimination based on sexual orientation, gender identity, and source of income. California law also protects individuals from discrimination based on perceived characteristics, such as a disability, and from discrimination based on the protected characteristics of their associates.
The impact of housing discrimination goes beyond the denial of housing opportunities. Research has shown that individuals who experience housing discrimination report poorer health, higher levels of distrust in the healthcare system, and poorer neighbourhood social cohesion. These individuals are also more likely to suffer from chronic diseases or depression.
Individuals who believe they have been victims of housing discrimination can file a complaint with the Department of Housing and Urban Development (HUD) or file their own lawsuit in federal or state court.
Laws vs Principles: What's the Difference?
You may want to see also
Explore related products
Employment discrimination
The U.S. Equal Employment Opportunity Commission (EEOC) enforces laws that protect individuals from employment discrimination based on specific attributes. These attributes include race, colour, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, disability, age (over 40), and genetic information. For instance, it is illegal for employers to discipline, lay off, or provide negative employment references for individuals based on these attributes. Additionally, employers are required to provide reasonable accommodations for employees or applicants with disabilities, unless doing so causes significant difficulty or expense.
The consequences of perceived discrimination in the workplace can be significant. Studies have shown that individuals who perceive discrimination are more likely to experience negative physical symptoms and are more inclined to leave their jobs. For example, women who felt discriminated against were found to be 50% more likely to have physical limitations, and older workers who perceived age discrimination were 59% more likely to leave their jobs.
To address employment discrimination, individuals may react through emotion-focused coping or problem-focused coping. The former involves attributing discrepancies in hiring or promotion to discrimination to protect self-esteem, while the latter entails changing aspects of oneself to prevent future discrimination, such as losing weight or seeking therapy. However, the latter approach is only feasible when the point of discrimination is changeable and not inherent, such as race or age.
Understanding the Fundamentals of Intellectual Property Law
You may want to see also
Explore related products
$22.99 $16.99
Protected characteristics
Perceptive discrimination is the legal term that applies when an individual is treated unfairly because they are perceived to have a certain protected characteristic under the Equality Act 2010, regardless of whether or not this is true.
- Race
- Creed
- Colour
- National origin
- Gender
- Age
- Disability
- Sexual orientation
- Uniformed service
- Height
- Weight
- Marital status
- Partnership status
- Immigration or citizenship status
- Any lawful source of income
For example, it would be unlawful discrimination for an employer to refuse to hire someone because they believe them to be transsexual, or because they believe the individual has a disability.
The Significance of the Law of First Mention
You may want to see also
Explore related products
$27.18 $32
Civil rights
Federal laws in the US also prohibit discrimination in employment, housing, lending, public accommodations, law enforcement, and voting. For instance, Title VII of the Civil Rights Act of 1964 protects employees and job applicants from discrimination based on race, colour, religion, sex, and national origin. The Civil Rights Act of 1991 further strengthens these protections and allows for the recovery of compensatory damages in federal sector cases of intentional employment discrimination.
In New York City, the Administrative Code, Title 8, specifically addresses civil rights. It recognises the dangers of prejudice and discrimination based on actual or perceived differences, including race, colour, creed, age, national origin, immigration status, gender, sexual orientation, and disability, among others. The code makes it an unlawful discriminatory practice in housing accommodations to deny or withhold opportunities based on these perceived differences.
Additionally, the US Department of Homeland Security's Office for Civil Rights and Civil Liberties enforces Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from discriminating based on race, colour, or national origin in their federally funded programs and activities.
These laws empower individuals to file complaints and seek redress if they believe they have been discriminated against based on actual or perceived differences, with entities such as the Department of Justice's Civil Rights Division, the Federal Trade Commission, and the Department of Homeland Security's Office for Civil Rights and Civil Liberties providing avenues for recourse.
Understanding Marital Settlements: Contract Law Basics
You may want to see also
Frequently asked questions
Perceived discrimination is when an individual is treated unfairly because of a perceived protected characteristic, whether or not the characteristic is true. Protected characteristics include disability, race, gender, and age.
It is unlawful to treat an employee unfairly based on their perceived protected characteristics. This includes decisions regarding hiring, firing, promotions, and the terms and conditions of employment.
It is unlawful for any person or entity involved in the sale, rental, or lease of housing to discriminate against any person or group based on their actual or perceived protected characteristics. This includes refusing to sell, rent, or lease a property, or setting different terms or conditions for the sale, rental, or lease.
