Cameron Miranda
Anti-discrimination laws are designed to prevent discrimination against specific groups of people. These groups are often referred to as protected groups or protected classes. The first anti-discrimination law in the United States was passed in 1945, thanks to the efforts of Elizabeth Peratrovich, a Tlingit leader who campaigned for an anti-discrimination bill after experiencing discrimination herself. This law, passed by Governor Gruening, was the first of its kind in the country and set a precedent for future anti-discrimination legislation. In 1964, the Civil Rights Act was passed, which prohibited discrimination on the basis of race, colour, religion, sex, or national origin in employment. The history of anti-discrimination laws in the United States and worldwide is complex, reflecting ongoing struggles with issues of race, gender, and other forms of discrimination.
| Characteristics | Values |
|---|---|
| Year | 1945 |
| Place | Alaska, United States |
| Name | Anti-Discrimination Law |
| Campaigner | Elizabeth Peratrovich |
| Prohibited discrimination based on | Race, ethnicity, national origin |
| Other | The law was commemorated in 2020 with five million $1 coins featuring Elizabeth Peratrovich |
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What You'll Learn
The Civil Rights Act of 1964
The act prohibited discrimination in public places, outlawed segregation in businesses such as theatres, restaurants, and hotels, and banned discriminatory practices in employment. It also provided for the integration of schools and other public facilities, ending segregation in places like swimming pools, libraries, and public schools. The act further prohibited the unequal application of voter registration requirements, ensuring greater protection for the right to vote.
The legislation was first proposed by President John F. Kennedy in June 1963, in response to elevated racial tensions and a wave of African-American protests in the spring of that year. Kennedy sought to guarantee equal treatment for all Americans, regardless of race, and wanted to ensure access to public facilities and greater protection for voting rights. Despite Kennedy's assassination in November 1963, President Johnson continued to push the bill forward, and it was passed by Congress on July 2, 1964, just a few hours before it was signed into law.
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The New York State Human Rights Law of 1945
In 1945, New York became the first state in the US to enact legislation prohibiting discrimination in employment based on race, colour, creed, and national origin. This legislation is known as the New York State Human Rights Law, also called the Ives-Quinn Act. The law was enforced by the New York State Division of Human Rights, an agency born out of this legislation.
The New York State Human Rights Law was the first of its kind in the nation and set a precedent for other states to follow. The law recognised that equality and freedom from discrimination are fundamental human rights. While the Universal Declaration of Human Rights (UDHR) outlines these principles, it is not binding. However, nations commit to upholding these rights through international human rights treaties. The New York State Human Rights Law, therefore, represented a significant step towards ensuring equality and justice for all.
The law was a response to the need for protection against discrimination in employment practices. It established that all New Yorkers across the state were protected from unlawful discriminatory practices in the workplace based on the characteristics outlined above. This legislation was a crucial step in recognising that individuals should not be treated differently due to their race, colour, creed, or national origin.
The New York State Human Rights Law also had a broader impact beyond the state. It inspired similar legislation in other states and at the local level. For example, in 1964, the Civil Rights Act was passed, banning discrimination nationwide on the basis of race, colour, religion, sex, or national origin. Additionally, the New York State Human Rights Law contributed to the development of international anti-discrimination standards. The European Union has passed several major anti-discrimination directives, and all member states are also members of the European Convention on Human Rights, which includes a prohibition on discrimination.
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The Equal Pay Act of 1970
The Act's primary purpose was to ensure that employers provided equal treatment in terms of employment conditions for both men and women. This meant that the terms and conditions for one sex could not be less favourable than those for the other sex when they were engaged in similar work or work of equal value. The Act defined 'equal value' work as work that required comparable levels of skill, knowledge, responsibility, and effort.
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The Sex Discrimination Act of 1975
The Act was part of a broader global context of increasing awareness of women's inequalities. In the late 1960s and 1970s, women worldwide began to scrutinise their roles in society, particularly in the developed world. The United Nations recognised this growing consciousness by declaring 1975 as International Women's Year and designating 1976-1985 as the Decade for Women. In Australia, for instance, Susan Ryan, a senator in 1975, described the country as having one of the most gender-segregated labour markets among developed nations at the time.
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The Racial Discrimination Act of 1975
The Act was implemented under the external affairs power contained in section 51(xxix) of the Australian Constitution, allowing the federal parliament to fulfil its international obligations under the 1965 International Convention on the Elimination of All Forms of Racial Discrimination, which Australia ratified in September 1975. The Act provides exemptions for acts relating to artistic works, academic or scientific purposes, fair reporting, and fair comment on matters of public interest.
Additionally, the Act has been interpreted by the High Court of Australia in cases like Koowarta v. Bjelke-Petersen (1982) and Mabo v Queensland (No 1) (1988), confirming its validity and importance in upholding the rights of individuals, particularly those from Aboriginal and Torres Strait Islander backgrounds. The Act also played a crucial role in addressing historical injustices and promoting reconciliation.
While the Act was a groundbreaking piece of legislation, some legal academics have questioned the constitutional validity of certain sections, specifically Section 18C, suggesting that it may infringe on the implied freedom of political communication. Nevertheless, the Racial Discrimination Act of 1975 remains a pivotal piece of legislation in Australia's history, reflecting the country's commitment to upholding human rights and promoting equality for all its citizens, regardless of their racial background.
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Frequently asked questions
The first anti-discrimination law in the United States was the Civil Rights Act of 1964, which banned discrimination on the basis of race, colour, religion, sex, or national origin.
The first anti-discrimination law was approved by Governor Ernest H. Gruening on February 16, 1945, after a campaign by Elizabeth Peratrovich, grand president of the Alaska Native Sisterhood.
The first employment discrimination law in the United States was the Civil Rights Act of 1964, which prohibited discrimination based on race, colour, religion, sex, or national origin in employment.
