DISCRIMINATION

DISCRIMINATION

In CONSTITUTIONAL LAW, the grant by statute of particular privileges to a class arbitrarily designated from a sizable number of persons, where no reasonable distinction exists between the favored and disfavored classes. Federal laws, supplemented by court decisions, prohibit discrimination in such
areas as employment, housing, VOTING RIGHTS, education, and access to public facilities. They also proscribe discrimination on the basis of race, age, sex, nationality, disability, or religion. In addition, state and local laws can prohibit discrimination in these areas and in others not covered by federal laws.

In the 1960s, in response to the CIVIL RIGHTS MOVEMENT and an increasing awareness of discrimination against minorities, several pieces of landmark legislation were signed into law. Title VII of the CIVIL RIGHTS ACT OF 1964 (42 U.S.C.A. § 2000e et seq.), the most comprehensive CIVIL RIGHTS legislation in U.S. history, prohibits discrimination on the basis of sex, race, religion, nationality, or color. Title VII was
designed to provide for parity in the use and enjoyment of public accommodations, facilities, and education as well as in federally assisted programs and employment. It further allows an injured party to bring suit and obtain damages from any individual who illegally infringes upon the party’s civil rights. The VOTING RIGHTS ACT
OF 1965 (42 U.S.C.A. § 1973 et seq.) prohibits the states and their political subdivisions from imposing voting qualifications or prerequisites to voting or standards, practices, or procedures that deny or curtail the right of citizens to vote, because of race, color, or membership in a language minority group. The FAIR HOUSING ACT
OF 1968 (42 U.S.C.A. § 3601 et seq.) prohibits
discrimination based on race, color, religion,
sex, and national origin, in connection with the
sale or rental of residential housing. In 1988,
Congress passed the Fair Housing Amendments
Act, which extends the same protections to
handicapped people.

Other important federal laws have been
aimed at remedying discrimination against
other groups, including older U.S. citizens and
individuals with disabilities. The Age Discrimi-
nation in Employment Act of 1967 (ADEA) (29
U.S.C.A. § 621 et seq.) prohibits employers with
20 or more employees from discriminating
because of age against employees over age 40.
Industries affecting commerce as well as state
and local governments are covered by the
ADEA. Disabled individuals received federal
protection against discrimination with the pas-
sage of the Rehabilitation Act of 1973 (29
U.S.C.A. § 701 et seq.), which prohibits any pro-
gram activity receiving federal funds from deny-
ing access to a handicapped person. In 1990,
Congress enacted the Americans with Disabili-
ties Act (ADA) (codified in scattered sections of
42, 29, 47 U.S.C.A.). The ADA was widely hailed
as the most significant piece of civil rights legis-
lation since the Civil Rights Act of 1964. It pro-
vides even broader protection, prohibiting
discrimination against disabled individuals, in
employment, public accommodations, trans-
portation, and TELECOMMUNICATIONS.
Although discrimination on the basis of
gender is included in title VII of the Civil Rights
Act of 1964, a number of other federal laws also
prohibit SEX DISCRIMINATION. The EQUAL PAY
ACT OF 1963 (29 U.S.C.A. § 206 [d]) amended
the FAIR LABOR STANDARDS ACT of 1938 (29
U.S.C.A. §§ 201–219). It prohibits discrimina-
tion through different forms of compensation
for jobs with equal skill, effort, and responsibil-
ity. The Pregnancy Discrimination Act of 1978
(42 U.S.C.A. § 2000e[k]) prohibits discrimina-
tion against employees on the basis of preg-
nancy and childbirth, in employment and
benefits. Title IX of the Education Amendments
of 1972 (20 U.S.C.A. §§ 1681–1686) prohibits
sex discrimination in educational institutions
that receive federal funds, including exclusions
from noncontact team sports on the basis of sex.
In addition, the Equal Credit Opportunity Act
(15 U.S.C.A. § 1691 et seq.) prohibits discrimi-
nation in the extension of credit, on the basis of
sex or marital status.

State and local laws can also protect individ-
uals from discrimination. For example, GAYS
AND LESBIANS, although not yet included under
federal civil rights laws, are protected in many
cities by local ordinances outlawing discrimina-
tion against individuals on the basis of sexual ori-
entation. Minnesota, New Jersey, Rhode Island,
Vermont,Wisconsin, and other states have passed
such legislation—although some voters have
sought to repeal it, with mixed results.

Local antidiscrimination laws have been used
to deny funding to groups that bar members
because of their sexual orientation. This was the
case after the Supreme Court issued its ruling in
Boys Scouts of America v. Dale, 530 U.S. 640, 120
S.Ct. 2446, 147 L.Ed.2d 554 (2000). The Court
held that the Boy Scouts of America (BSA), as a
private organization, had the constitutional right
to bar homosexual troop leaders and members
from its ranks. The Boy Scouts hailed this as an
important victory, but many corporations and
local governments were angered by the decision.
Major corporate sponsors withdrew their support, and school districts and city councils reviewed their relationships with the BSA. The one million Boy Scouts are organized into 19,000 local troops.Many of the troops use public schools or community centers for their meetings. In light of the court decision, a number of cities around the United States either barred the Boy Scouts from using public space or required them to pay, citing antidiscrimination ordinances and policies. In at least 39 cities, the local United Way charitable organizations withdrew funding to the BSA, again citing antidiscrimination policies. The BSA estimated in 2002 that these decisions cut local troop income by 10 to 15 percent, totaling millions of dollars.

FURTHER READINGS
Cokorinos, Lee. 2003. The Assault on Diversity: An Organized
Challenge to Racial and Gender Justice. New York: Rowman
& Littlefield.
Price, Joyce Howard. 2002. “Scouts Lose United Way Funds
Over Gay Ban.”Washington Times (March 15).
Richards, David A. J. 1999. Identity and the Case for Gay
Rights: Race, Gender, Religion as Analogies. Chicago:
Univ. of Chicago Press.

CROSS-REFERENCES
Affirmative Action; Age Discrimination; Club; Colleges and
Universities; Disability Discrimination; Equal Employment
Opportunity Commission; Gay and Lesbian Rights;
Women’s Rights.