Understanding  Discrimination Law

Discrimination law refers to the legal standards and regulations aimed at preventing unjust or prejudicial treatment against individuals based on their race, gender, religion, age, disability, sexual orientation, or other protected characteristics. It encompasses various aspects of legal protection against discrimination, including employment discrimination, equal opportunity laws, workplace harassment, and civil rights to secure equal access to public goods and services.

In this article, we will explore the definition and purpose of discrimination law and answer the seven most popular questions about it.

What is Discrimination Law?

Discrimination law refers to the set of legal principles designed to combat discrimination in various forms. These laws are aimed at protecting people from unfair treatment based on their personal characteristics such as their race, sex, age or religion. Discrimination laws cover different areas such as employment discrimination, fair housing laws that prohibit discriminatory practices in housing matters including rental housing or sales of homes.

What is the Purpose of Discrimination Law?

The purpose of discrimination law is to provide legal protection against unjust or prejudicial treatment towards individuals belonging to certain protected classes. The goal is to promote diversity and inclusion in workplaces and communities and ensure that every individual enjoys equal opportunities for employment advancement.

What is Employment Discrimination?

Employment discrimination refers to a situation where an employer discriminates against an employee or potential employee based on their personal characteristics such as race, gender, sexual orientation or religion. The US Equal Employment Opportunity Commission enforces several federal laws which prohibit employment discrimination including Title VII of the Civil Rights Act of 1964.

What are Equal Opportunity Laws?

Equal opportunity laws mandate that all individuals be given fair chances for employment advancement regardless of race, color, religion sex or national origin. These laws typically apply in education settings as well as public accommodations like restaurants and hotels.

What is Workplace Harassment?

Workplace harassment includes any behavior that creates a hostile work environment based on personal characteristics such as race, gender or religion. This type of harassment can include any negative comments or behavior that would deemed unwelcome by an objective observer.

What are the Protected Classes Under Discrimination Law?

Protected classes are groups of individuals who have been historically discriminated against and are now protected under anti-discrimination laws. These classes include race, sex, religion, national origin, age, disability status and sexual orientation.

What are the Remedies for Discrimination?

Remedies for discrimination can vary depending on the type of discrimination that occurred. Some remedies can include back pay and reinstatement if an employee was wrongfully terminated, punitive damages for those unfairly treated or non-monetary remedies like training programs to prevent future instances of discrimination.

References:

  1. Holzer H., Neumark D., Polsky D., "A Roadmap to Job Creation" IZA Discussion Paper No. 5461.
  2. Morokoff P.J., Quina K., Harlow L.L., Whitmire L.E., Grimley D.M. "Sexual Harassment in the Workplace: Its Impact on Women Workers." Journal of Vocational Behaviour, vol. 44, no. 3 (1994): pp. 270-294.
  3. Schuman H., Steeh C.G., Bobbitt R.A.et al "Racial Attitudes in America: Trends and Interpretations" Harvard University Press (1985)
  4. Schuman H., Presser S.: Questions and Answers in Attitude Surveys: Experiments on Question Form, Wording and Context (1981)
  5. US Equal Employment Opportunity Commission (EEOC). Title VII of the Civil Rights Act of 1964; Age Discrimination in Employment Act Amendments of 1996; Equal Pay Act; Pregnancy Discrimination Act; Americans with Disabilities Act Amendments Act of 2008.
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