Constitution Prohibits Discrimination: What Types Are Illegal?

Article 15 of the Indian Constitution prohibits discrimination based on religion, race, caste, sex, or place of birth. The article ensures that all citizens are equal before the law and have equal access to public spaces and utilities. It also allows the state to make special provisions for vulnerable groups, including women, children, and socially and educationally backward classes. The article has been central to debates and judicial decisions regarding affirmative action and quotas.

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Religion

The US Constitution prohibits discrimination based on religion. The First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This means that the government cannot favour one religion over another or restrict an individual's religious practices. The Supreme Court has interpreted this to mean that religious observers are protected against unequal treatment under the Free Exercise Clause.

In the context of employment, Title VII of the Civil Rights Act of 1964 prohibits discrimination based on religion. This includes treating individuals differently because of their religious beliefs and practices, their lack of religious beliefs or practices, or their request for accommodations of their religious beliefs and practices. It also covers related forms of discrimination, such as discrimination based on national origin, race, or colour, as well as retaliation. Employers are required to reasonably accommodate the religious practices of employees or prospective employees, unless doing so would create an "undue hardship" on the employer. Harassment based on religion is also prohibited, including religious slurs, workplace graffiti, or other offensive verbal or physical conduct directed towards any religious group.

In practice, this means that employers cannot discriminate in any aspect of employment, including hiring, firing, compensation, assignment, and classification of employees. For example, it would be discriminatory to give an employee less desirable assignments because of their association with a particular religion or to make negative references to an employee's religion.

In terms of legal remedies, individuals who believe they have been subjected to religious discrimination can contact their bureau EEO Officer to initiate EEO Counseling and file a formal complaint. In some cases, courts have ruled that laws or policies that selectively burden religious conduct or demonstrate hostility towards religion are unconstitutional. For instance, in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, the Court set aside state administrative proceedings enforcing Colorado's anti-discrimination laws against a baker who refused to make a cake for a same-sex wedding due to his religious beliefs.

Race

The Constitution of the United States prohibits racial discrimination, ensuring that all people are treated equally regardless of their race or ethnicity. This protection is provided by the Equal Protection Clause of the Fourteenth Amendment, which states that no state shall "deny to any person within its jurisdiction the equal protection of the laws"

Caste

In the United States, caste discrimination is not officially recognized by law as a category of discrimination. This is because caste discrimination was not a well-known phenomenon when the laws were written. However, in recent times, caste discrimination has come into sharp focus, with several high-profile allegations and cases of caste discrimination in employment and educational settings. This has led to organizations, including governmental entities, taking action to prohibit caste discrimination. For example, in 2023, Seattle became the first jurisdiction in the US to add caste to its list of categories protected against discrimination. California has also implicitly covered caste discrimination under anti-discrimination laws that name other categories that caste is a subset of.

Opponents of recognizing caste discrimination argue that it violates the Establishment and Free Exercise Clauses of the First Amendment because governmental entities demean religions, such as Hinduism, in doing so. However, others argue that governments can recognize and remedy caste discrimination consistent with the First Amendment. They argue that remedying caste discrimination does not require disparaging any religion and that the Constitution empowers the government to protect individuals from the effects of caste discrimination.

In India, Article 15 of the Constitution prohibits discrimination on the grounds of religion, race, caste, sex, and place of birth. This article aims to prevent the government from discriminating and to guarantee equal access to public properties like shops, restaurants, and entertainment hubs regardless of religion or caste. Additionally, Article 14 of the Indian Constitution guarantees equality before the law, and Article 17 abolishes "Untouchability," making it an offense punishable by law.

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Sex/Gender

Article 15 of the Constitution of India forbids discrimination on the grounds of sex or gender. This means that the state cannot discriminate against any citizen on the basis of their sex or gender. The article also prohibits any citizen from being subjected to any disability, liability, restriction, or condition on the basis of their sex or gender. This includes access to public spaces such as shops, restaurants, hotels, and entertainment venues, as well as the use of public utilities such as wells, tanks, and roads.

The Constitution also protects against discrimination in employment on the basis of sex or gender. For example, in 2007, the Court recognised that discrimination on the basis of sex includes discrimination based on stereotypes associated with sex and struck down a law that prevented women from working in premises where liquor was served. The Constitution also allows the state to make special provisions for women and children, such as those relating to their admission to educational institutions.

The Supreme Court has interpreted Article 15 to invalidate state laws that discriminate on the basis of sex or gender. For example, in the case of D.P. Joshi v. State of Madhya Pradesh, the Court held that a state law exempting residents from paying a capitation fee for admission to a medical college, while non-residents were required to pay the fee, was valid. This case demonstrated that the state could make distinctions based on place of residence, but not on the protected grounds outlined in Article 15.

Article 15 has been central to public debate and legislation around affirmative action, reservations, and quotas. The article's prohibition on sex or gender discrimination has been interpreted to include a range of issues, such as access to public spaces and employment opportunities, with the aim of ensuring equal treatment and opportunities for all citizens, regardless of their sex or gender.

Place of birth

The Constitution of the United States does not explicitly mention discrimination based on place of birth. However, the 14th Amendment's Equal Protection Clause guarantees that all people within a state's territory are entitled to the "equal protection of the laws," which has been interpreted to prohibit certain types of discrimination, including discrimination based on place of birth, in some contexts.

The Equal Protection Clause applies to state action and prohibits state governments from treating people differently based on arbitrary or discriminatory reasons. This includes discrimination based on characteristics such as race, national origin, and place of birth. While the Clause does not explicitly mention place of birth, it has been interpreted to provide protection against discrimination for individuals born in different states or countries.

In the context of place of birth, the Equal Protection Clause has been particularly relevant in addressing issues related to citizenship and the rights of immigrants. For example, the Supreme Court has held that the Clause protects the rights of US-born children of undocumented immigrants, ensuring that they are not denied the benefits of citizenship based on their parents' immigration status.

Additionally, the Equal Protection Clause has been invoked in challenges to state laws and policies that discriminate against individuals based on their place of birth. For instance, laws that restrict access to certain benefits or privileges for individuals born outside of a particular state or country may be subject to scrutiny under the Equal Protection Clause.

While the Constitution does not explicitly prohibit discrimination based on place of birth, the 14th Amendment's Equal Protection Clause provides a framework for challenging such discrimination when it occurs in state laws or policies. It ensures that individuals are treated equally under the law, regardless of where they were born, and protects them from arbitrary or discriminatory treatment based on their place of birth.

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