Discrimination
In the United States as well as in most other countries with advanced legal systems, laws are in place to counter real or perceived discrimination by employers and administrators. The original aim of anti-discrimination laws was to prevent any individual from being denied an equal opportunity to gain employment or education based on their race, religion or creed.Purpose of Discrimination Laws
In American society, discrimination laws have been used extensively to ensure and promote equal rights for African-Americans. However, almost any individual or group that considers themselves to have been denied fair and equal treatment has recourse to compensation under discrimination law. Prejudice and discrimination has always been practiced to some degree by human societies. The origins may be from a protective xenophobia that drives humans and animals to give preference to “their own kind” as a survival mechanism; modern multicultural societies often go against the grain in this respect. Influential and far-seeing leaders have sought to counter these prejudices because they hinder the harmonious functioning of these societies.
The intent of discrimination law is to prevent discrimination on the following bases:
- Age
- Disability
- Gender
- National origin
- Race
- Religion
- Sexual Orientation
Forms of Discrimination
The above groups may suffer from the effects of discrimination in employment issues, education, housing, financial compensation and harassment. Laws to prevent discrimination derive from a variety of state and federal statutes. Examples include the Equal Pay Act, the Fair Labor Standards Act and a host of provisions of the Civil Rights Act. The federal and state governments are prevented from engaging in discriminatory practices by certain amendments of the United States Constitution. The Fifth Amendment prevents the federal government from depriving citizens of their rights to life, liberty, and property; it also guarantees equal protection under the law. The Fourteenth Amendment was enacted following the Civil War. It prohibits states from violating an individual’s right to due process and equal protection. It may be said that the Bill of Rights was the very first compendium of anti-discrimination laws, and that subsequent laws have built on that very noble foundation.
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