What Is Discrimination?

In today's litigious society, it seems like people use the term “discrimination" a lot. In plain English, to discriminate means distinguishing, singling out, or making a distinction. We discriminate all the time in everyday life. When we decide between beef and chicken, we are discriminating in favor of one food over the other. From a legal perspective, discrimination has a different meaning.

In the context of civil rights law, unlawful discrimination refers to when an individual or entity treats another individual or group in an unfair or unequal manner based on certain characteristics, including:

• Age
• Disability
• Ethnicity
• Gender
• Marital status
• National origin
• Race
• Religion
• Sexual orientation

Discrimination may qualify as a constitutional or statutory violation, depending on who commits the unlawful behavior. Depending on the circumstances and facts of their case, victims of discriminatory action may seek justice in compensation, legal damages, or employment reinstatement.

Lawful vs. Unlawful Discrimination

Not all types of discrimination violate federal law or state law. Some types of unequal or unfair treatment are legal and do not warrant civil action. The best way to demonstrate how unlawful discrimination differs from ordinary discriminatory behavior is by example.

The examples below illustrate both types of situations.

Example 1: A person with two dogs applies to rent an apartment. Upon learning that they are a dog owner, the landlord refuses to lease the apartment to them. They do so because they do not want dogs in the building. 

The landlord has not committed a civil rights violation because they can reject applicants who own pets.

Example 2: An African American fills out an application to lease an apartment from a building owner. Upon learning the applicant is African American, the landlord refuses to rent the apartment to them. The landlord prefers to have Caucasian tenants in the building. 

The landlord has committed a civil rights violation because they discriminated against the applicant on the basis of race. Under federal and state fair housing and anti-discrimination laws, landlords may not reject apartment applicants based on race, gender identity, or the basis of sex.

Where Can Discrimination Occur?

The United States government has passed numerous laws to help protect victims of discrimination.

The federal government and state laws prohibit discrimination against members of protected groups in several settings, including:

• Education programs
• Employment and conditions of employment
• Housing
• Government benefits and services
• Health care services
• Land use/zoning
• Lending and credit
• Public accommodations (access to buildings and businesses)
• Transportation
• Voting rights
• Law enforcement and criminal justice

The various anti-discrimination laws target private actors. State and federal agencies must also abide by these laws. For example, you can bring a claim against your private or public employer for violating the Equal Pay Act.

In a perfect world, those in the public sector would encourage nondiscrimination. As that's not the case, there is always the chance that a public agency officer or manager may engage in discrimination.

Anti-Discrimination Laws

Most laws prohibiting discrimination originated at the federal level. State laws can offer greater protection against discrimination but cannot limit the protection citizens enjoy under federal law.

Much of anti-discrimination legislation has filtered to the states through federal statutes, such as:

• Civil Rights Act of 1964
• Americans with Disabilities Act of 1990 (ADA)
• Title IX
• Title VI
• Equal Employment Opportunity Commission (EEOC)
• Civil Rights Act of 1991
• Rehabilitation Act of 1973
• Age Discrimination in Employment Act of 1967

Other federal acts and Supreme Court decisions supplement these federal acts. For example, there are laws prohibiting discrimination in voting rights, housing, credit extension, public education, and access to public facilities.

Federal Court Decisions and Discrimination

Over the last sixty or seventy years, there have been many Supreme Court cases regarding discrimination. One of the earliest cases that prohibited discrimination in public schools was Brown v. Board of Education, which was the impetus for the nationwide racial desegregation of public schools.

In Brown v. Board of Education, the Supreme Court held that all children have a fundamental right to a quality education. The court also rejected the notion of separate but equal espoused in Plessy v. Ferguson.

Other Supreme Court cases have shaped the definition of discriminatory acts. Some of the common issues these cases focus on include:

• Sexual harassment
• Segregation
• Affirmative action programs
• Reasonable accommodation for job applicants with disabilities
• College admissions

In recent years, the Supreme Court, along with state courts, have issued decisions on issues involving gender identity and discrimination based on sexual orientation.

State and Local Anti-Discrimination Laws

Today, most states have anti-discrimination laws that mirror federal law. For example, in Texas, Title 2, Chapter 21 of the Labor Code prohibits employment discrimination. Many of the mandates in this Texas law stem from Title VII of the Civil Rights Act of 1964, a federal law that made employment discrimination unlawful.

Municipalities implement anti-discrimination laws and ordinances that may or may not resemble state law. For example, a city may pass legislation requiring domestic partner benefits for city employees and their same-sex partners, even though no such law exists at the state level. An example of this kind of law is the Boynton Beach Domestic Partnership Act in Boynton Beach, Florida.

Get Legal Help From an Attorney

If you believe you are the victim of discrimination, speak with an attorney experienced in discrimination law. Anti-discrimination cases can be complex, and there's a good chance the defendant is a large corporation, educational institution, or government. You will be at a severe disadvantage if you don't have an attorney.

Visit Findlaw.com's attorney directory to find a civil rights lawyer near you.