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Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as
protected group
A protected group, protected class (US), or prohibited ground (Canada) is a category by which people qualified for special protection by a law, policy, or similar authority. In Canada and the United States, the term is frequently used in connec ...
s or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as
public accommodations
In United States law, public accommodations are generally defined as facilities, whether publicly or privately owned, that are used by the public at large. Examples include retail stores, rental establishments, and service establishments as well ...
. Anti-discrimination law may include protections for groups based on
sex
Sex is the trait that determines whether a sexually reproducing animal or plant produces male or female gametes. Male plants and animals produce smaller mobile gametes (spermatozoa, sperm, pollen), while females produce larger ones ( ova, of ...
, age,
race
Race, RACE or "The Race" may refer to:
* Race (biology), an informal taxonomic classification within a species, generally within a sub-species
* Race (human categorization), classification of humans into groups based on physical traits, and/or s ...
,
ethnicity
An ethnic group or an ethnicity is a grouping of people who identify with each other on the basis of shared attributes that distinguish them from other groups. Those attributes can include common sets of traditions, ancestry, language, history, ...
,
nationality
Nationality is a legal identification of a person in international law, establishing the person as a subject, a ''national'', of a sovereign state. It affords the state jurisdiction over the person and affords the person the protection of the ...
,
disability
Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be Cognitive disability, cognitive, Developmental disability, dev ...
, mental
illness
A disease is a particular abnormal condition that negatively affects the structure or function of all or part of an organism, and that is not immediately due to any external injury. Diseases are often known to be medical conditions that ar ...
or
ability
Abilities are powers an agent has to perform various actions. They include common abilities, like walking, and rare abilities, like performing a double backflip. Abilities are intelligent powers: they are guided by the person's intention and exec ...
,
sexual orientation
Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
,
gender
Gender is the range of characteristics pertaining to femininity and masculinity and differentiating between them. Depending on the context, this may include sex-based social structures (i.e. gender roles) and gender identity. Most cultures u ...
,
gender identity/expression,
sex characteristics
Sexual characteristics are physical traits of an organism (typically of a sexually dimorphic organism) which are indicative of its biological sex. These can include sex organs used for reproduction and secondary sex characteristics which distingui ...
,
religion
Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, ...
,
creed
A creed, also known as a confession of faith, a symbol, or a statement of faith, is a statement of the shared beliefs of a community (often a religious community) in a form which is structured by subjects which summarize its core tenets.
The ea ...
, or individual
political opinion
An opinion is a judgment, viewpoint, or statement that is not conclusive, rather than facts, which are true statements.
Definition
A given opinion may deal with subjective matters in which there is no conclusive finding, or it may deal with f ...
s.
Anti-discrimination laws are rooted in principles of equality, specifically, that individuals should not be treated differently due to the characteristics outlined above. At the same time, they have often been criticised as violations of the inherent
right of free association
Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline memb ...
. Anti-discrimination laws are designed to protect against both individual discrimination (committed by individuals) and from
structural discrimination
Structural discrimination is a form of institutional discrimination against individuals of a given protected characteristic such as race or gender which has the effect of restricting their opportunities. It may be either intentional or unintentio ...
(arising from policies or procedures that disadvantage certain groups). Courts may take into account both discriminatory intent and
disparate impact in determining whether a particular action or policy constitutes discrimination.
International
Equality and freedom from discrimination are outlines as basic human rights by the
Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal De ...
(UDHR). While the UDHR is not binding, nations make a commitment to uphold those rights through the ratification of international human rights treaties. Specific treaties relevant to anti-discrimination law include the
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedo ...
, the
International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came in force from 3 January 197 ...
, the
Convention on the Elimination of All Forms of Discrimination against Women, and the
. In addition, the United Nations
Sustainable Development Goal 10 and
Goal 16 also advocates for international efforts towards eliminating discriminatory laws.
History of anti-discrimination legislation
Australia
The
Racial Discrimination Act 1975
The ''Racial Discrimination Act 1975'' (Cth). is an Act of the Australian Parliament, which was enacted on 11 June 1975 and passed by the Whitlam government. The Act makes racial discrimination in certain contexts unlawful in Australia, and al ...
was the first major anti-discrimination legislation passed in Australia, aimed at prohibiting discrimination based on race, ethnicity, or national origin. Jurisdictions within Australia moved shortly after to prohibit discrimination on the basis of sex, through acts including the Equal Opportunity Act 1977 and the
Anti-Discrimination Act 1977
The New South Wales Anti-Discrimination Act 1977 is an Act of the NSW Parliament, relating to discrimination in employment, the public education system, delivery of goods and services, and other services such as banking, health care, property a ...
. The Australian parliament expanded these protections with the
Sex Discrimination Act 1984
The ''Sex Discrimination Act 1984'' is an Act of the Parliament of Australia which prohibits discrimination on the basis of mainly sexism, homophobia, transphobia and biphobia, but also sex, marital or relationship status, actual or potential ...
(SDA) to cover all Australians and provide protections based on sex, relationship status, and pregnancy. Additionally, the SDA has been expanded to include gender identity and intersex status as protected groups. Discrimination based on disability status is also prohibited by the
Disability Discrimination Act 1992
The ''Disability Discrimination Act 1992'' (Cth) is an Act passed by the Parliament of Australia in which prohibits discrimination against people with disabilities in employment, education, publicly available premises, provision of goods and se ...
.
Belgium
The first Belgian anti-discrimination law of 25 February 2003 was annulled by the Belgian Constitutional Court. The Court ruled that the law was discriminative since its scope didn't include discrimination on the basis of a political opinion or language and thus violated the articles 10-11 of the Belgian Constitution, instituting the principle of equality before law.
A new law came into force on the 9th of June 2007. This law prohibits any use of direct or indirect discrimination on the basis of age, sexual preference, marital status, birth, wealth, religion or belief, political or syndical opinion, language, current or future state of health, disability, physical or genetical property or social origin.
European Union
The European Union has passed several major anti-discrimination directives, the
Racial Equality Directive
The Race Equality Directive 2000/43/EC is a legal act of the European Union, concerning European labour law. It implements the principle of equal treatment between persons irrespective of racial or ethnic group. Since the Treaty of Amsterdam c ...
and the Employment Equality Directive, and the
Equal Treatment Directive
Equal Treatment Directive 20062006/54/EC is a legal act of European Union law, which implements the principle of equal treatment between men and women in EU labour law.
Background
Since the Treaty of Amsterdam came into force in 1999, new EU laws ...
. These directives set standards for all member countries of the European Union to meet; however each member state is responsible for creating specific legislation to achieve those goals.
All EU member states are also member states to the European Convention on Human Rights. Thus, article 14 of the Convention applies, which concerns a prohibition on discrimination on the ground of sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
United Kingdom
Laws forbidding discrimination in housing, public facilities and employment were first introduced in the 1960s covering race and ethnicity under the
Race Relations Act 1965
The Race Relations Act 1965 was the first legislation in the United Kingdom to address racial discrimination.
The Act outlawed discrimination on the "grounds of colour, race, or ethnic or national origins" in public places in Great Britain.
It ...
and the
Race Relations Act 1968
The Race Relations Act 1968 was an Act of the Parliament of the United Kingdom making it illegal to refuse housing, employment, or public services to a person on the grounds of colour, race, ethnic or national origins in Great Britain (although n ...
.
In the 1970s, anti-discrimination law was significantly expanded. The
Equal Pay Act 1970
The Equal Pay Act 1970 was an Act of the Parliament of the United Kingdom that prohibited any less favourable treatment between men and women in terms of pay and conditions of employment. The Act was proposed by the then Labour government, and wa ...
allowed women to bring action against their employer if they could show that they were being paid less compared to a male colleague for equal work or work of the same value. The
Sex Discrimination Act 1975
The Sex Discrimination Act 1975 (c. 65) was an Act of the Parliament of the United Kingdom which protected men and women from discrimination on the grounds of sex or marital status. The Act concerned employment, training, education, harassmen ...
forbade both direct and indirect discrimination on the basis of sex, and the
Race Relations Act 1976
The Race Relations Act 1976 was established by the Parliament of the United Kingdom to prevent discrimination on the grounds of race. The scope of the legislation included discrimination on the grounds of race, colour, nationality, ethnic and n ...
expanded the scope of anti-discrimination law on the basis of race and ethnicity.
In the 1990s, protections against discrimination on the basis of disability was added primarily through the
Disability Discrimination Act 1995
The Disability Discrimination Act 1995 (c. 50) (informally, and hereafter, the DDA) is an Act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010, except in Northern Ireland where the Act ...
.
In the 2000s, the scope of employment anti-discrimination laws were expanded to cover sexual orientation (with the passage of the
Employment Equality (Sexual Orientation) Regulations 2003
The Employment Equality (Sexual Orientation) Regulations 2003 were secondary legislation in the United Kingdom, which prohibited employers unreasonably discriminating against employees on grounds of sexual orientation, perceived sexual orientat ...
), age (the
Employment Equality (Age) Regulations 2006
The Employment Equality (Age) Regulations 2006 (SI 2006/2408) is a piece of secondary legislation in the United Kingdom, which prohibits employers unreasonably discriminating against employees on grounds of age. It came into force on 1 October 2006 ...
), and religion/belief (
Employment Equality (Religion or Belief) Regulations 2003
The Employment Equality (Religion or Belief) Regulations 2003 is a plank of United Kingdom labour law designed to combat discrimination in relation to people's religion or belief, or absence of religion or belief. They were introduced in order to c ...
).
In 2010, existing anti-discrimination law was combined into a single Act of Parliament, the
Equality Act 2010
The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-d ...
. The Equality Act contains provisions forbidding direct, indirect, perceptive and associative discrimination on the basis of sex, race, ethnicity, religion and belief, age, disability, sexual orientation and gender reassignment. Employment law also protects employees from worse treatment based on being part-time workers, agency workers or being on fixed-term contracts.
United States
In 1868 after the
American Civil War
The American Civil War (April 12, 1861 – May 26, 1865; also known by other names) was a civil war in the United States. It was fought between the Union ("the North") and the Confederacy ("the South"), the latter formed by states th ...
, the
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and ...
was ratified, including the
Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "''nor shall any State ... deny to any person within its jurisdiction the equal ...
. It was an effort by
John Bingham
John Armor Bingham (January 21, 1815 – March 19, 1900) was an American politician who served as a Republican representative from Ohio and as the United States ambassador to Japan. In his time as a congressman, Bingham served as both assist ...
and other
Radical Republicans
The Radical Republicans (later also known as " Stalwarts") were a faction within the Republican Party, originating from the party's founding in 1854, some 6 years before the Civil War, until the Compromise of 1877, which effectively ended Reco ...
to protect formerly-enslaved people from discrimination. Nevertheless, the promises of this and other
Reconstruction Amendments
The , or the , are the Thirteenth, Fourteenth, and Fifteenth amendments to the United States Constitution, adopted between 1865 and 1870. The amendments were a part of the implementation of the Reconstruction of the American South which occ ...
went largely unfulfilled for nearly a century thanks to the profusion of racist
Jim Crow laws
The Jim Crow laws were state and local laws enforcing racial segregation in the Southern United States. Other areas of the United States were affected by formal and informal policies of segregation as well, but many states outside the Sout ...
designed to oppress
persons of color
The term "person of color" ( : people of color or persons of color; abbreviated POC) is primarily used to describe any person who is not considered "white". In its current meaning, the term originated in, and is primarily associated with, the U ...
and reinforce
racial segregation in the United States
In the United States, racial segregation is the systematic separation of facilities and services such as Housing in the United States, housing, Healthcare in the United States, healthcare, Education in the United States, education, Employment in ...
. The
Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
was the next major development in anti-discrimination law in the US, though prior civil rights legislation (such as the
Civil Rights Act of 1957
The Civil Rights Act of 1957 was the first federal civil rights legislation passed by the United States Congress since the Civil Rights Act of 1875. The bill was passed by the 85th United States Congress and signed into law by President Dwigh ...
) addressed some forms of discrimination, the Civil Rights Act of 1964 was much broader, providing protections for race, colour, religion, sex, or national origin in the areas of voting, education, employment, and public accommodations. This landmark legislation led the way for other federal legislation, which expanded upon the protected classes and forms of discrimination prohibited under federal legislation, such as the
Fair Housing Act
The Civil Rights Act of 1968 () is a landmark law in the United States signed into law by United States President Lyndon B. Johnson during the King assassination riots.
Titles II through VII comprise the Indian Civil Rights Act, which applie ...
or the
Americans with Disabilities Act
The Americans with Disabilities Act of 1990 or ADA () is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964 ...
. These protections have also been expanded through the courts interpretation of these pieces of legislation. For example, the U.S. Courts of Appeals for the Seventh and Second Circuits, and later the U.S. Supreme Court in ''
Bostock v. Clayton County, Georgia
''Bostock v. Clayton County'', , is a landmark United States Supreme Court civil rights case in which the Court held that Title VII of the Civil Rights Act of 1964 protects employees against discrimination because they are gay or transgender.
...
'', ruled that
employment discrimination based on sexual orientation is a violation of
Title VII of the Civil Rights Act
The Civil Rights Act of 1964 () is a landmark civil rights and labor law in the United States that outlaws discrimination based on race, color, religion, sex, and national origin. It prohibits unequal application of voter registration requir ...
.
[''Bostock v. Clayton County''. (n.d.). Oyez. https://www.oyez.org/cases/2019/17-1618] In addition to federal legislation, there are numerous state and local laws that address discrimination that is not covered by these laws.
Effects
United States
Americans with Disabilities Act of 1990
Employment rates for all disabled men and disabled women under 40 have decreased since the implementation of the ADA. This effect is especially pronounced for those with mental disabilities and for those with lower levels of education. However, there is evidence to suggest that the decrease in employment rates is partially explained by increased participation in educational opportunities. These decreases can be attributed to increased costs for employers to remain in compliance with ADA provisions; rather than bearing increased costs, companies hire fewer workers with disabilities. While popular conception is that the ADA has created the opportunity for legal recourse for those with disabilities, less than 10% of ADA related cases find in favor of the plaintiff.
Prior to 1960
David Neumark and
Wendy Stock
Wendy is a given name now generally given to girls in English-speaking countries.
In Britain, Wendy appeared as a masculine name in a parish record in 1615. It was also used as a surname in Britain from at least the 17th century. Its popularity ...
found evidence that sex discrimination/equal pay laws boosted the relative earnings of black and white females and conversely reduced the relative employment of both black women and white women.
Exceptions
Where anti-discrimination legislation is in force, exceptions are sometimes included in the laws, particularly affecting the military and religious organizations.
Military
In many nations with anti-discrimination legislation, women are excluded from holding certain positions in the military, such as serving in a frontline combat capacity or aboard submarines. The reason given varies; for example, the British
Royal Navy
The Royal Navy (RN) is the United Kingdom's naval warfare force. Although warships were used by English and Scottish kings from the early medieval period, the first major maritime engagements were fought in the Hundred Years' War against F ...
cite the reason for not allowing women to serve aboard submarines as medical and related to the safety of an unborn fetus, rather than that of combat effectiveness.
Religious organizations
Some religious organizations are exempted from legislation. For example, in Britain the
Church of England
The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain ...
, in common with other religious institutions, has historically not allowed women to hold senior positions (
bishop
A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution.
In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is ca ...
rics) despite sex
discrimination in employment generally being illegal; the prohibition was confirmed by a vote by the Church
synod
A synod () is a council of a Christian denomination, usually convened to decide an issue of doctrine, administration or application. The word ''wikt:synod, synod'' comes from the meaning "assembly" or "meeting" and is analogous with the Latin ...
in 2012.
BBC: Women bishops vote: Church of England 'resembles sect', 22 November 2012
/ref>
Selection of teachers and pupils in schools for general education but with a religious affiliation is often permitted by law to be restricted to those of the same religious affiliation even where religious discrimination
Religious discrimination is treating a person or group differently because of the particular beliefs which they hold about a religion. This includes instances when adherents of different religions, denominations or non-religions are treated u ...
is forbidden.
See also
* List of anti-discrimination acts
This is a list of anti-discrimination acts (often called discrimination acts or anti-discrimination laws), which are laws designed to prevent discrimination.
Australia
* Anti-discrimination laws in Australia
**Age Discrimination Act 2004
** A ...
* Labour law
Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, ...
* Discrimination (Employment and Occupation) Convention
The Convention concerning Discrimination in Respect of Employment and Occupation or Discrimination (Employment and Occupation) Convention (ILO Convention No.111) is an International Labour Organization Convention on anti-discrimination. It is o ...
(ILO Convention No. 111)
* Anti-discrimination laws in Brazil
Anti-discrimination laws in Brazil are present in the Constitution of Brazil, in the labour law, in the child and adolescent law, in the ageing law, and in the penal code.
The Brazilian Constitution prohibits all forms of discrimination ( a ...
* Employment equity (Canada) Employment equity, as defined in federal Canadian law by the ''Employment Equity Act'' (french: Loi sur l’équité en matière d’emploi), requires federal jurisdiction employers to engage in proactive employment practices to increase the represe ...
* Employment discrimination law in the United States
Employment discrimination law in the United States derives from the common law, and is codified in numerous state, federal, and local laws. These laws prohibit discrimination based on certain characteristics or "protected categories." The United ...
* Employment discrimination law in the United Kingdom
United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected ...
* History of women in the military
* LGBT rights by country or territory
Rights affecting lesbian, gay, bisexual, and transgender (LGBT) people vary greatly by country or jurisdiction—encompassing everything from the legal recognition of same-sex marriage to the death penalty for homosexuality.
Notably, , 33 ...
* Public accommodations
In United States law, public accommodations are generally defined as facilities, whether publicly or privately owned, that are used by the public at large. Examples include retail stores, rental establishments, and service establishments as well ...
* Reasonable accommodation A reasonable accommodation is an adjustment made in a system to accommodate or make fair the same system for an individual based on a proven need. That need can vary. Accommodations can be religious, physical, mental or emotional, academic, physic ...
References
External links
Handbook on European non-discrimination law
Fundamental Rights Agency
The European Union Agency for Fundamental Rights, usually known in English as the Fundamental Rights Agency (FRA), is a Vienna-based agency of the European Union inaugurated on 1 March 2007. It was established by Council Regulation (EC) No 168/2 ...
, 2011
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