Jonah Patel
Discrimination in the business sphere is a highly contentious issue, with numerous instances of businesses claiming a constitutional right to discriminate against customers based on their race, religion, sexual orientation, and gender identity. While the Constitution does not explicitly prohibit private discrimination, it is illegal for businesses to discriminate against customers and employees on the basis of protected characteristics. Various pieces of legislation, such as the Civil Rights Act of 1964 and the Thirteenth Amendment, have been enacted to prevent discrimination in employment and public accommodations. These laws ensure that businesses cannot discriminate against individuals based on race, color, religion, sex, national origin, disability, or age. Despite these protections, small businesses are often exempt from regulations, and the cost of defending against discrimination accusations can be prohibitive. This highlights the complex nature of discrimination laws and the ongoing struggle to balance economic considerations with civil rights.
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What You'll Learn
- The Thirteenth Amendment prohibits slavery and involuntary servitude
- The Fourteenth Amendment prohibits government discrimination based on race and gender
- The Civil Rights Act of 1964 prohibits employment discrimination based on race, colour, religion, sex and national origin
- The Civil Rights Act protects against discrimination in public accommodations
- Businesses cannot discriminate against customers based on race, religion, sexual orientation, etc
The Thirteenth Amendment prohibits slavery and involuntary servitude
The Thirteenth Amendment to the US Constitution, passed shortly after the Civil War, prohibits slavery and involuntary servitude. The Amendment is unique in that it applies to all citizens, barring every person from holding slaves or engaging in other forms of involuntary servitude. This marked a significant shift from the original text of the Constitution, which obliquely acknowledged and accommodated slavery.
The first section of the Thirteenth Amendment explicitly states: "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." This section officially prohibited chattel slavery, a practice that was prevalent in the southern United States. By the end of the Civil War, the return of slavery was already unthinkable, and the Thirteenth Amendment cemented its abolition.
The second section of the Amendment empowers Congress to "enforce" the ban on slavery and involuntary servitude by passing "appropriate legislation." This provision has been utilised by Congress to pass laws that eradicate the "badges and incidents of slavery." For example, the Anti-Peonage Act of 1867 prohibits peonage, and another federal law, 18 U.S.C. § 1592, criminalises the act of taking someone's passport or other official documents for the purpose of holding them as a slave.
While the Thirteenth Amendment primarily addresses slavery and involuntary servitude, it has paved the way for subsequent civil rights legislation. The Fourteenth Amendment, for instance, grants citizenship to all born within the United States, including former slaves, and promises them equal protection under the laws. The Fifteenth Amendment further builds upon this by prohibiting denials of the right to vote based on race, colour, or previous servitude status.
The Thirteenth Amendment's prohibition of slavery and involuntary servitude has had a profound impact on private businesses. While the Amendment itself does not reach private discrimination, the courts have interpreted private discrimination based on race as a continuation of the harms of slavery. This interpretation has empowered Congress to prohibit racial discrimination in various contexts, including employment and public accommodations. For example, Title VII of the 1964 Civil Rights Act prohibits employment discrimination based on race, gender, or religion, revolutionising the labour market by granting access to previously denied opportunities for women and minorities.
In summary, the Thirteenth Amendment's prohibition of slavery and involuntary servitude not only abolished the practice of slavery but also provided a foundation for subsequent civil rights legislation and empowered Congress to address racial discrimination in various spheres, including private businesses.
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The Fourteenth Amendment prohibits government discrimination based on race and gender
The Fourteenth Amendment to the US Constitution, passed in 1868, was intended to stop states from discriminating against African Americans. The Equal Protection Clause of the Fourteenth Amendment prohibits most discrimination on the basis of race and gender, but only when practised by the government. For example, the Amendment denies states the power to withhold from African Americans the equal protection of the laws and authorises Congress to enforce its provisions through legislation.
However, the Fourteenth Amendment does not apply to private discrimination. The Supreme Court held in 1883 that Congress did not have the power under the Fourteenth Amendment to prohibit discrimination practised by private parties. This means that, for example, an employer could refuse to hire a woman, a restaurant owner could refuse service to a Black person, and a landlord could refuse to rent an apartment to a Jewish person.
Despite this, there are certain kinds of private discrimination that Congress may not constitutionally reach, or has chosen not to. For example, the Thirteenth Amendment, passed shortly after the American Civil War, prohibited "slavery and involuntary servitude". This amendment applies to private conduct, and an employer who forced someone to work until they had paid off a debt would violate it.
In the 1960s, the Court reversed itself and held that Section 2 of the Amendment gave Congress the power to abolish "all badges and incidents of slavery". As private discrimination based on race was viewed as a continuation of the harms of slavery, Congress gained the power to prohibit private discrimination based on race.
In addition, the 1964 Civil Rights Act prohibits discrimination on the basis of race in places of public accommodation, such as restaurants and hotels, and in employment.
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The Civil Rights Act of 1964 prohibits employment discrimination based on race, colour, religion, sex and national origin
The Civil Rights Act of 1964 is a landmark civil rights and labour law in the United States that outlaws discrimination based on race, colour, religion, sex, and national origin. The Act prohibits unequal application of voter registration requirements, racial segregation in schools and public accommodations, and employment discrimination.
The Civil Rights Act of 1964 was the result of years of activism, including the tireless work of Dr Martin Luther King Jr and other civil rights leaders. It has been described as one of the most significant legislative achievements in American history, influencing subsequent civil rights legislation and shaping the nation's laws for decades.
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The Civil Rights Act protects against discrimination in public accommodations
The Civil Rights Act of 1964 was signed into law by President Lyndon Johnson on July 2, 1964. It was the most sweeping civil rights legislation since Reconstruction and it revolutionized the labor market in the United States.
The Civil Rights Act also established a Commission on Equal Employment Opportunity and gave the Attorney General the power to institute suits to protect constitutional rights in public facilities and public education.
While the Constitution does not reach private discrimination, the Court will act if the state is involved to some extent. For example, the Court found state action and a constitutional violation when a Delaware restaurant leasing city property refused to serve a Black patron.
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Businesses cannot discriminate against customers based on race, religion, sexual orientation, etc
The Thirteenth Amendment, passed shortly after the American Civil War, prohibits "slavery and involuntary servitude". This amendment applies to private conduct, including private businesses. The Fourteenth Amendment's equal protection clause prohibits most discrimination based on race and gender by the government. While this initially did not extend to private businesses, the Court reversed itself in the 1960s, holding that the Thirteenth Amendment gave Congress the power to abolish "all badges and incidents of slavery". This included private discrimination based on race, which was viewed as a continuation of the harms of slavery.
In addition to federal laws, many states have their own laws prohibiting businesses from discriminating against customers based on race, religion, sexual orientation, and other protected categories. For example, New Mexico is one of 21 states that prohibit businesses from discriminating against customers based on their sexual orientation. This has been important in cases such as Elane Photography, LLC v. Willock, where a wedding photography studio refused to take pictures for wedding or commitment ceremonies involving same-sex couples.
While businesses are generally prohibited from discriminating against customers based on protected characteristics, there are some exceptions. For instance, a small family-owned pizza shop in an Italian-American neighbourhood may prefer to hire Italian-Americans, and this could be justified by the need for employees to be fluent in Italian. Additionally, the law recognises the practical challenges faced by small businesses in meeting demographic representation goals, especially when there are limited interested and qualified applicants from protected classes.
In conclusion, businesses cannot discriminate against customers based on race, religion, sexual orientation, or other protected characteristics. This is enforced through federal laws such as the Civil Rights Act and state laws, as well as constitutional protections against discrimination. However, there are some limited exceptions, particularly for small businesses, that aim to balance anti-discrimination goals with practical considerations and encourage entrepreneurship.
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Frequently asked questions
The Fourteenth Amendment's equal protection clause prohibits discrimination based on race and gender, alienage, and national origin. The Thirteenth Amendment, passed after the Civil War, prohibits "slavery and involuntary servitude," and gives Congress the "power to enforce this article by appropriate legislation." The Civil Rights Act of 1964, particularly Title VII, also prohibits discrimination in employment and public accommodations on the basis of race, color, religion, sex, and national origin.
Businesses have been accused of discriminating against customers based on their race, religion, sexual orientation, and gender identity. For example, in Elane Photography, LLC v. Willock, a photography business refused to provide services for a same-sex wedding ceremony, arguing that photography is a form of expression and that requiring their services would violate their freedom of speech. In another instance, a wedding dress shop owner refused to sell a dress to a woman marrying another woman.
Discrimination by businesses is unlawful and can result in legal consequences. Federal agencies, such as the Equal Employment Opportunity Commission (EEOC), enforce laws that prohibit discrimination in employment and public accommodations. Businesses found to be engaging in discriminatory practices may face legal action, fines, or other penalties. Additionally, customers who have experienced discrimination have the right to file complaints and seek legal recourse.
