Anti-discrimination law

Westboro Baptist Church protest in the United States. The signs read "Thank God for 9/11", "Thank God for Improvised Explosive Devices" and "Our soldiers are fags".

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 groups or protected classes.[1] 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.[2][3] Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religion, creed, or individual political opinions.

Anti-discrimination laws are rooted in principles of equality, specifically, that individuals should not be treated differently due to the characteristics outlined above.[4][5] At the same time, they have often been criticised as violations of the inherent right of free association. Anti-discrimination laws are designed to protect against both individual discrimination (committed by individuals) and from structural discrimination (arising from policies or procedures that disadvantage certain groups).[6] Courts may take into account both discriminatory intent and disparate impact in determining whether a particular action or policy constitutes discrimination.[7]

  1. ^ Levit, Nancy (2012-05-01). "Changing Workforce Demographics and the Future of The Protected Class Approach". Lewis & Clark Law Review. Rochester, NY. SSRN 2033792.
  2. ^ Readler, Chad A. (1997–1998). "Local Government Anti-Discrimination Laws: Do They Make a Difference". University of Michigan Journal of Law Reform. 31: 777. Retrieved 2018-07-09.
  3. ^ Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law – Challenges and Innovative Tools | Marie Mercat-Bruns | Springer. Ius Comparatum – Global Studies in Comparative Law. Springer. 2018. ISBN 9783319900674.
  4. ^ Holmes, Elisa (2005). "Anti-Discrimination Rights Without Equality". Modern Law Review. 68 (2): 175–194. doi:10.1111/j.1468-2230.2005.00534.x. ISSN 0026-7961.
  5. ^ Donohue III, John J. (2005). "The Law and Economics of Antidiscrimination Law". NBER Working Paper No. 11631. Working Paper Series. doi:10.3386/w11631.
  6. ^ Seicshnaydre, Stacy E. (2007-09-18). "Is the Road to Disparate Impact Paved With Good Intentions? – Stuck on State of Mind in Antidiscrimination Law". Wake Forest Law Review. Rochester, NY. SSRN 1015317.
  7. ^ Huq, Aziz Z. (2017-09-06). "Judging Discriminatory Intent". Cornell Law Review. Rochester, NY. SSRN 3033169.

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