Jonah Patel
Discrimination is a pervasive issue that has plagued society for centuries, and it remains a pressing concern today. While the Constitution aims to safeguard individuals from discriminatory practices, the interpretation and application of these protections vary across different contexts. This complex topic encompasses various forms of discrimination, including racial, gender, and disability discrimination, as well as discrimination based on national origin, religion, and sexual orientation. Understanding the types of discrimination prohibited by the Constitution is essential for fostering equality and protecting the rights of marginalized communities.
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What You'll Learn
Discrimination in housing
The Act covers nearly all housing, including private housing, public housing, and housing that receives federal funding. However, there are some limited exemptions, such as owner-occupied buildings with no more than four units and single-family houses sold or rented directly by the owner.
The Department of Housing and Urban Development (HUD) plays a crucial role in enforcing the Fair Housing Act. Individuals who believe they have been victims of housing discrimination can file a complaint with HUD or file their lawsuit in federal or state court. The Department of Justice can also institute criminal proceedings if force or the threat of force is used to deny or interfere with fair housing rights.
One of the significant challenges in housing discrimination is the practice of steering, where housing providers give false information about the availability of housing or direct homeseekers to certain areas based on their race. The Department of Justice actively pursues cases of this nature and has established the Fair Housing Testing Program to uncover and address hidden discrimination.
In addition to federal laws, the Civil Rights Division of the Department of Justice enforces laws prohibiting discrimination in housing based on disability and national origin. This includes investigating complaints against police departments that exhibit patterns or practices of national origin discrimination and ensuring equal opportunities for persons with disabilities in land use and zoning policies.
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Discrimination in lending
The US Constitution prohibits discrimination based on race, colour, religion, sex, national origin, disability, or age. Federal laws also prohibit discrimination based on familial status. Discrimination in lending refers to instances where a lender makes decisions about a loan based on certain protected characteristics exhibited by the borrower. This includes disparate treatment, such as refusing to lend or apply normal guidelines to creditworthy borrowers because of their protected characteristics, as well as disparate impact, where a lender's policies indirectly result in negative outcomes for people with protected characteristics.
Overt discrimination in lending is illegal, and it can take various forms. For example, a lender may refuse to lend or provide different treatment based on factors such as race, sex, religion, or disability status. This could include refusing to consider disability-related income or charging higher interest rates to borrowers from non-white neighbourhoods. Lending discrimination can also be more subtle, such as taking longer to approve female applicants or failing to provide the same options to Black applicants as their white counterparts.
There are federal laws in place to protect consumers from lending discrimination, including the Fair Housing Act (FHA) and the Equal Credit Opportunity Act (ECOA). The Consumer Financial Protection Bureau (CFPB) is a US government agency that works to ensure fair and equitable access to credit by enforcing federal fair lending laws and promoting compliance among industry players. If a borrower believes they have been subjected to lending discrimination, they can file a complaint with the CFPB and monitor its status and progress.
It is important to note that lending discrimination is common and can be a significant barrier to homeownership. For instance, mortgage denial rates are consistently higher for Black borrowers across the country's largest metropolitan areas. To protect oneself from unfair lending practices, borrowers should be aware of their rights and understand the guidelines that lenders use in their underwriting processes. By knowing these guidelines, borrowers can better identify instances of lending discrimination and take appropriate action.
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Discrimination in employment
The Equal Pay Act of 1963 protects men and women from sex-based wage discrimination, ensuring equal pay and benefits for substantially equal work in the same establishment. The Age Discrimination in Employment Act of 1967 protects individuals aged 40 and above from age-based employment discrimination.
The Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 prohibit employment discrimination against qualified individuals with disabilities. The ADA defines an individual with a disability as someone with a physical or mental impairment that substantially limits one or more major life activities, including basic activities such as walking, breathing, and speaking.
Federal laws also prohibit discrimination against employees or applicants on the basis of conduct that does not adversely affect job performance, violating veterans' preference requirements, or violating any law, rule, or regulation concerning merit principles.
While the original purpose of the Fourteenth Amendment was to protect African Americans from discrimination, its broad wording has allowed for its interpretation to include other forms of discrimination, such as those based on race, national origin, gender, immigration status, and wedlock status at birth.
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Discrimination in public accommodations
Prior to 1964, many states had already enacted laws prohibiting discrimination in public accommodations, with 31 states having such laws in place by that year. As of 2015, 45 states have anti-discrimination public accommodation laws for non-disabled individuals, protecting against discrimination based on race, gender, ethnicity, and religion. Additionally, 19 states prohibit discrimination in public accommodations based on age.
However, it is important to note that federal law does not protect the right to public accommodation for gay and transgender people, and discrimination against LGBT individuals in public accommodations remains legal in more than half of the states in the U.S. Nonetheless, several states have enacted their own protections for LGBT individuals and individuals who are breastfeeding in public.
The Civil Rights Division of the Department of Justice enforces federal laws that prohibit discrimination in public accommodations, ensuring that individuals are protected from discrimination in places such as hotels, restaurants, and entertainment venues.
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Discrimination in federally assisted programs
The Department of the Treasury enforces various federal statutes and regulations that prohibit discrimination in its financially assisted and conducted programs or activities. If a person believes they have been subjected to discrimination because of their membership in a protected group, they may file a complaint with the Office for Civil Rights and Equal Employment Opportunity.
The Rehabilitation Act of 1973 prohibits discrimination against qualified individuals with disabilities in programs or activities receiving federal financial assistance. The Age Discrimination Act of 1975 prohibits discrimination on the basis of age in federally assisted programs.
Additionally, the Equal Pay Act of 1963 protects men and women from sex-based wage discrimination, and the Lilly Ledbetter Fair Pay Act of 2009 strengthens federal civil rights laws and provides for the recovery of compensatory damages in federal sector cases of intentional employment discrimination.
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Frequently asked questions
The Equal Protection Clause is part of the United States Constitution and prohibits discrimination based on race, national origin, gender, immigration status, and wedlock status at birth.
The federal Fair Housing Act prohibits discrimination in housing based on national origin, race, colour, sex, religion, disability, or familial status (presence of children under 18).
The Civil Rights Act of 1964 prohibits employment discrimination based on race, colour, religion, sex, and national origin. The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits discrimination based on genetic information. The Equal Pay Act of 1963 prohibits sex-based wage discrimination. The Age Discrimination in Employment Act (ADEA) prohibits age-based discrimination. The Rehabilitation Act of 1973 prohibits discrimination based on disability. The Civil Rights Act of 1991 provides for monetary damages in cases of intentional employment discrimination.
The Omnibus Crime Control and Safe Streets Act of 1968 prohibits discrimination based on national origin.
Public accommodations laws bar discrimination against certain groups of customers, such as refusing services for same-sex weddings.
