Discrimination meaning :
Discrimination is the unlawful treatment of individuals or groups based on specific characteristics, such as race, color, religion, sex, national origin, age, disability, or other protected statuses.
Key Legal Elements of Discrimination
To establish discrimination, generally, a claimant must prove the following:
- Membership in a Protected Class: The individual belongs to a group protected by anti-discrimination laws.
- Adverse Treatment: The individual was subjected to unfavorable treatment.
- Causation: The adverse treatment was caused by the individual’s membership in the protected class.
Types of Discrimination
- Direct Discrimination: Over discrimination, where an individual is treated less favorably due to a protected characteristic.
- Indirect Discrimination: When a seemingly neutral rule or policy has a disproportionate negative impact on a protected group.
- Harassment: Creating a hostile or offensive environment based on a protected characteristic.
Discrimination in Different Areas
Discrimination can occur in various areas, including:
- Employment: Hiring, firing, promotion, compensation, working conditions.
- Housing: Rental, sale, financing, terms and conditions.
- Education: Admissions, financial aid, academic programs, housing.
- Public Accommodations: Restaurants, hotels, theaters, transportation.
Defenses to Discrimination Claims
Defendants often raise defenses such as:
- Bona Fide Occupational Qualification (BFOQ): A necessary qualification for a specific job.
- Seniority Systems: Based on length of service, not discriminatory intent.
- Merit: Performance-based decisions, not discriminatory.