Discrimination And The Law: Understanding Your Rights

Discrimination is the unfair treatment of an individual or group based on characteristics such as race, colour, religion, sex, national origin, disability, or age. Discrimination can occur in various contexts, including employment, education, housing, and access to services and facilities. In the United States, federal and state laws have been enacted to prohibit discrimination and promote equal rights and opportunities for all individuals, regardless of their protected characteristics. This paragraph will explore the different types of discrimination illustrated by these laws and the legal framework that applies to each type, focusing on federal legislation such as the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act.

Age discrimination

The ADEA covers all aspects of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, benefits, and any other terms or conditions of employment. It also prohibits harassment of individuals based on their age, including offensive or derogatory remarks.

In addition to the ADEA, the Older Workers Benefit Protection Act (OWBPA) also plays a role in protecting older workers. The OWBPA amended the ADEA to make it illegal for employers to use age as a basis for discrimination in benefits and retirement. This includes fringe benefits such as life insurance, health insurance, disability benefits, pensions, and retirement plans.

At the state level, many laws also prohibit age discrimination. Some state laws mirror federal law, while others are broader and protect workers of all ages. These state laws often apply to employers with fewer than 20 employees, filling a gap left by federal legislation.

To prove age discrimination, an employee must show that their work performance met their employer's legitimate expectations, that the employer took adverse action against them, and that the employer's action was due to the employee's age. This can be challenging, as discriminatory practices in the workplace can be difficult to prove.

To summarise, age discrimination in the workplace is prohibited by federal laws such as the ADEA and OWBPA, as well as state laws. These laws protect individuals over 40 from unfair treatment in hiring, firing, compensation, promotions, and other aspects of employment.

Disability discrimination

In the United States, the Americans with Disabilities Act (ADA) is a federal law that prohibits disability discrimination in several areas. Title I of the ADA pertains to employment and prohibits covered employers from discriminating against individuals with disabilities in all employment-related activities, such as hiring, pay, benefits, firing, and promotions. Title II focuses on state and local government services, while Title III addresses public accommodations, and Title IV ensures equal access to telecommunications. Additionally, there are other federal laws, such as the Rehabilitation Act, that also protect against disability discrimination in specific contexts.

In the United Kingdom, the Equality Act 2010 replaced the Disability Discrimination Act and prohibits disability discrimination. This Act defines disability as "a physical or mental impairment that has a substantial and long-term adverse effect on a person's ability to carry out normal day-to-day activities." The Equality Act grants people with disabilities the right to "reasonable adjustments" in the workplace and in accessing services.

Race discrimination

Federal anti-discrimination laws prohibit discrimination in housing, credit, employment, and "public accommodations" like restaurants, movie theatres, parks, and trains. You cannot be denied a home, a job, or service at a public business because of your race, and you cannot be charged a different price because of your race.

The law forbids discrimination when it comes to 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 unlawful to harass a person because of their race. Harassment can include racial slurs, offensive or derogatory remarks about a person's race, or the display of racially offensive symbols.

An employment policy or practice that applies to everyone, regardless of race, can be illegal if it negatively impacts the employment of people of a particular race and is not job-related or necessary for the business. For example, a "no-beard" policy may be unlawful if it disproportionately harms the employment opportunities of people of a certain race or national origin.

Sex discrimination

Employment

The Equal Pay Act of 1963 requires employers to provide equal pay for equal work, regardless of the employee's gender. This law ensures that men and women receive equal compensation for performing substantially the same work in the same workplace.

Education

Housing

The Fair Housing Act prohibits sex discrimination in house sales, rentals, or financing. This includes protection against discrimination based on gender identity or sexual orientation. Additionally, the Violence Against Women Act of 2013 provides specific protections for survivors of domestic violence, dating violence, sexual assault, and stalking in federally subsidised housing.

Health Care

Section 1557 of the Patient Protection and Affordable Care Act prohibits discrimination on the basis of sex, including pregnancy, sexual orientation, gender identity, and sex characteristics, in health programs and activities receiving federal financial assistance. This ensures equal access to health services regardless of sex.

Religious discrimination

Undue hardship is shown when a burden is substantial in the overall context of an employer’s business, taking into account all relevant factors in the case at hand, including the particular accommodations at issue and their practical impact in light of the nature, size and operating cost of an employer.

Undue hardship can be caused by:

• Costly accommodations
• Compromising workplace safety
• Decreasing workplace efficiency
• Infringing on the rights of other employees
• Requiring other employees to do more than their share of potentially hazardous or burdensome work
• Violating another law
• Creating a hostile work environment

Frequently asked questions