Discrimination

Discrimination in the United States

Introduction to Discrimination

Concept of Discrimination

In relation to immigration and citizenship, Discrimination is defined as: Unfair treatment because of your race, color, religion, sex (including pregnancy), citizenship or immigration status, national origin, disability, age (40 or older) or genetic information in the workplace or other protected characteristic or activity.

Discrimination meaning

The effect of a statute which arbitrarily affords certain privileges to one class of persons yet denying them to another class of persons where no reasonable distinction can be made between the two classes. Unfair treatment or denial of rights or privileges to persons because of their race, age, nationality or religious heritage or convictions.

Baker v. California Land Title Co., O.C.Cal., 349 F.Supp. 235, 238, 239.

Discrimination-Disparity Continuum in relation to Crime and Race

Discrimination-Disparity Continuum is included in the Encyclopedia of Race and Crime (1), beginning with: The discrimination-disparity continuum designates a typology of discrimination attributable to the criminal justice system. This continuum provides a means to determine the degree of discrimination in the processes, procedures, and outcomes of the criminal justice system through examination of the employees, institutions, and policies of the system. This section identifies and defines key terms related to the discrimination-disparity continuum and describes the continuum in full. It also discusses various scholarly viewpoints regarding placement of the criminal justice system on the continuum, at the levels of systematic discrimination, institutionalized discrimination, contextual discrimination, and individual acts of discrimination. Discrimination and disparity are topics actively addressed in criminology that are often misunderstood or misrepresented because of differences in terminology usage and operationalization. Before the discrimination-disparity debate can be understood, key terms must first be identified and defined. Race and ethnicity are two causal characteristics of discrimination and disparities in criminal justice. [1]

Concept of Discrimination

In relation to immigration and citizenship, Discrimination is defined as: Unfair treatment because of your race, color, religion, sex (including pregnancy), citizenship or immigration status, national origin, disability, age (40 or older) or genetic information in the workplace or other protected characteristic or activity.

Discrimination in Labor Law

According to unr.edu, Discrimination is defined as: An intentional or unintentional act which adversely affects employment opportunities because of race, color, religion, sex, handicap, marital status, or national origin, or other factors such as age (under particular laws.) See Age Discrimination in Employment Act of 1967.

Discrimination in the International Business Landscape

Definition of Discrimination in the context of U.S. international business and public trade policy: Treatment of someone less favorably than another because of a physical or cultural attribute.

Discrimination, Sexual Behaviour and the Law

Discrimination (Long Distance Telephone Services)

This section introduces, discusses and describes the basics of discrimination. Then, cross references and a brief overview about Long Distance Telephone Services is provided. Finally, the subject of Telephone Services in relation with discrimination is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Discrimination (Prisoner Rights)

This section introduces, discusses and describes the basics of discrimination. Then, cross references and a brief overview about Prisoner Rights is provided. Finally, the subject of Civil Rights Law in relation with discrimination is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Age Discrimination: Employment Discrimination Depositions

This section offers information on age discrimination in relation to the employment discrimination deposition process under the United States law.

The main federal statutes that are applicable to employment discrimination cases are the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Title VII of the federal Civil Rights Act, and the Family and Medical Leave Act. This content on age discrimination in the context of a deposition in an employment discrimination case may be applicable to claims filed with state or federal administrative agencies.

Main Issue: Age Discrimination—Plaintiff's Questions for Defendant's Agent or Supervisor

Age Discrimination and Specific Types of Discrimination Claims

Common Topics Relevant to Discrimination Cases: Employment Discrimination Depositions

This section offers information on common topics relevant to discrimination cases in relation to the employment discrimination deposition process under the United States law.

The main federal statutes that are applicable to employment discrimination cases are the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Title VII of the federal Civil Rights Act, and the Family and Medical Leave Act. This content on common topics relevant to discrimination cases in the context of a deposition in an employment discrimination case may be applicable to claims filed with state or federal administrative agencies.

Common Topics Relevant to Discrimination Cases and Common Topics Relevant to Discrimination Cases

Resources

Notes and References

  1. Entry about Discrimination-Disparity Continuum in the Encyclopedia of Race and Crime

See Also

  • Sexual Discrimination
  • Discrimination Policy
  • Employment Discrimination
  • Inequity

Gender Discrimination (17.2)
Northeastern University (16.6)
Educational Discrimination (16.2)
Social Justice (15.7)
Disability Discrimination (9.5)
Discrimination Policy (9.5)
Age Discrimination (8.6)

Further Reading

  • Race and Sex Discrimination in the Oxford International Encyclopedia of Legal History (Oxford University Press)
  • Discrimination in the Encyclopedia of Sexual Behavior and the Law
  • Race and Sex Discrimination in the Dictionary of Concepts in History, by Harry Ritter
  • Abramovitz, M. (1998). Social work and social reform: An arena of struggle. Social Work, 43(6), 512–526.
  • Adams, M. (2007). Religious oppression. In M. Adams, L. A. Bell, & P. Griffin (Eds.), Teaching diversity and social justice (2nd ed., pp. 35–66). New York: Routledge.
  • Americans with Disabilities Act of 1990, Title I, 42 U.S.C. §§ 12111–12117 (1994).
  • Americans with Disabilities Act of 1990, Title II, 42 U.S.C. §§ 12131–12165 (1994).
  • Americans with Disabilities Act of 1990, Title III, 42 U.S.C. §§ 12181–12189 (1994).
  • Americans with Disabilities Act of 1990, Definition of Disability, 42 U.S. Code § 12102(2) (1994).
  • Around the world, Liechtenstein women win right to vote. New York Times, July 2, 1984.
  • Information about Discrimination in the Gale Encyclopedia of American Law.
  • Discrimination in the Encyclopedia of Sexual Behavior and the Law
  • Benjamins, M. R. (2013). Comparing measures of racial/ethnic discrimination, coping, and associations with health-related outcomes in a diverse sample. Journal of Urban Health, 90(5), 832–848.
  • Beratan, G. D. (2006). Institutionalizing inequity: Ableism, racism and IDEA 2004. Disability Studies Quarterly, 26(2), 3.
  • Butler, R. N. (1969). Age-ism: Another form of bigotry. Gerontologist, 9, 243–246.
  • Chavis, A. Z., & Hill, M. S. (2009). Integrating multiple intersecting identities: A multicultural conceptualization of the power and control wheel. Women & Therapy, 32(1), 121–149. doi:10.1080/02703140802384552
  • Chuang, A. (2012). Representations of foreign versus (Asian) American identity in a mass-shooting case: Newspaper coverage of the 2009 Binghamton massacre. Journalism and Mass Communication Quarterly, 98(2), 244–260.
  • Coleman, M. G. (2003). Job skill and black wage discrimination. Socio/Science Quarterly, 84, 892–905.
  • Crenshaw, K. (1993). Demarginalizing the intersection of race and sex: A black feminist critique of antidiscrimination doctrine, feminist theory and antiracist politics. In D. K. Weisbert (Ed.), Feminist legal theory: Foundations (pp. 383–395). Philadelphia: Temple University Press (Original work published 1989).
  • Dennis, H., & Thomas, K. (2007). Ageism in the workplace. Generations, 31, 84–89.
  • Dovidio, J., & Fiske, S. (2012). Under the Radar: How unexamined biases in decision-making processes in clinical interactions can contribute to health care disparities. American Journal of Public Health, 102(5), 945–952.
  • Edwards, H. T., & Kaplan, J. H. (1971). Religious discrimination and the role of arbitration under Title VII. Michigan Law Review, 69(4), 599–654.
  • Fishbein, A. J., & Woodall, P. (2006). Women are prime targets for subprime lending: Women are disproportionately represented in high-cost mortgage market. Retrieved from Consumer Federation of America
  • Fisher, D. K., Johnson, C. D., & Sipe, S. (2009). University students’ perceptions of gender discrimination in the workplace: Reality versus fiction. Journal of Education for Business, 84(6), 339–349.
  • Foster, M. (2009). The dynamic nature of coping with gender discrimination: Appraisals, strategies and well-being over time. Sex Roles, 60(9–10), 694–707. doi:10.1007/s11199-008-9568-2
  • Gregory, M. R. (2011). “The faggot clause”: The embodiment of homophobia in the corporate locker room. Equality, Diversity and Inclusion: An International Journal, 30(8), 651–667.
  • Griffin, P., D’Errico, K. H., Harro, B., & Schiff, T. (2007). Heterosexism curriculum design. In M. Adams, L. A. Bell, & P. Griffin (Eds.), Teaching diversity and social justice (2nd ed., pp. 35–66). New York: Routledge.
  • Hardiman, R., & Jackson, B. (2007). Conceptual foundations for social justice education. In M. Adams, L. A. Bell, & P. Griffin (Eds.), Teaching diversity and social justice (2nd ed., pp. 35–66). New York: Routledge.
  • Harris, C. T., Steffensmeier, D., Ulmer, J. T., & Painter-Davis, N. (2009). Are blacks and Hispanics disproportionately incarcerated relative to their arrests? Racial and ethnic disproportionality between arrest and incarceration. Race and Social Problems, 1, 187–199.
  • Human Rights Campaign. (2013). Employment Non-Discrimination Act (Issue: Federal Advocacy).
  • Industrial Relations Services. (1993). Age discrimination. Industrial Relations Law Bulletin, 472, 12–14.
  • Jones, S. W. (2000). Supreme Court reins in the Americans with Disabilities Act. University of Arkansas at Little Rock Law Review, 22(2), 1183–1202.
  • Kennedy, A., Nagata, E., Mushenski, B. P., & Johnson, D. L. (2008). Wage discrimination based on gender and race. Delta Kappa Gamma Bulletin, 75(2), 13–19.
  • King, K. R. (2005). Why is discrimination stressful? The mediating role of cognitive appraisal. Cultural Diversity and Ethnic Minority Psychology, 11, 202–212. doi:10.1037/1099-9809.11.3.202.
  • Konur, O. (2001). Special Educational Needs and Disability Act (2001) Annotated, Part 2 Discrimination in Education, Version 2, 12 June 2001. London: City University.
  • Konur, O. (2002). Access to employment by disabled people in the U.K.: Is the disability discrimination act working? International Journal of Discrimination and the Law, 5, 247–279.
  • Landor, A. M., Simons, L. G., Simons, R. L., Brody, G. H., Bryant, C. M., Gibbons, F. X., et al. (2013). Exploring the impact of skin tone on family dynamics and race-related outcomes. Journal of Family Psychology, 27(5), 817–826.
  • Lum, D. (2004). Social work practice and people of color: A process-stage approach (5th ed.). Sacramento, CA: Brooks/Cole-Thomson Learning.
  • Major, B., Quinton, W. J., & Schmader, T. (2003). Attributions to discrimination and self-esteem: Impact of group identification and situational ambiguity. Journal of Experimental Social Psychology, 39(3), 220–231. doi:10.1016/S0022-1031(02)00547-4
  • Manjoo, R. (2011). Report of the special rapporteur on violence against women, its causes and consequences. Human Rights Council Seventeenth Session.
  • Mann, L. (2014). Timeline of women’s suffrage in the United States.
    Marira, T. D., & Mitra, P. (2013). Colorism: Ubiquitous yet understudied (editorial). Industrial and Organizational Psychology, 6, 103–107.
  • Mendenhall, R. (2010). The political economy of black housing: From the housing crisis of the great migrations to the subprime mortgage crisis. Black Scholar, 40(1), 20–37.
  • Ministry for Culture and Heritage. (2013). Women’s suffrage petition.
  • Mueller, L. M., Dunleavy, E. M., & Buonasera A. K. (2008). Analyzing personnel selection decisions in employment discrimination litigation settings. New Directions for Institutional Research, 138, 67–83. doi:10.1002/ir.248
  • Nuemark, D. (2003). Age discrimination legislation in the United States. Contemporary Economic Policy, 21(3), 297–317.
  • Ogbogu, C. (2011). Gender inequality in academia: Evidences from Nigeria. Contemporary Issues in Education Research, 4(9), 1–8.
  • Pahlke, E. E., Bigler, R. S., & Green, V. A. (2010). Effects of learning about historical gender discrimination on early adolescents’ occupational judgments and aspirations. Journal of Early Adolescence, 30(6), 854–894.
  • Palmer, E. (1993). Everything you need to know about discrimination. The need to know library (Rev. ed.). New York: Rosen Publishing Group.
  • Pichon, E. (2013). Women in politics: United Arab Emirates.
  • Ponce, Julie. (2010). Housing discrimination and minorities in European cities: The Catalan Right to Housing Act 2007. International Journal of Law in the Built Environment, 2(2), 138–156.
  • Posthuma, R.A., Roehling, M. V., & Campion, M. A. (2006). Applying U.S. employment discrimination laws to international employers: Advice for scientists and practitioners. Personnel Psychology, 59, 705–739.
  • Quiros, L., & Dawson, B.A. (2013). The color paradigm: The impact of colorism on the racial identity and identification of Latinas. Journal of Human Behavior in the Social Environment, 23(3), 287–297.
  • Riina, E. M., & McHale, S. M. (2012). Adolescents’ experiences of discrimination and parent-adolescent relationship quality: The moderating roles of sociocultural processes. Journal of Family Issues, 33(7), 851–873. doi:10.1177/0192513X11423897
  • Rostosky, S. S., Riggle, E. D., Horne, S. G., Nicholas Denton, F., & Huellemeier, J. D. (2010). Lesbian, gay, and bisexual individuals’ psychological reactions to amendments denying access to civil marriage. American Journal of Orthopsychiatry, 80(3), 302–310.
  • Rothstein, L. (2000). Reflections on disability discrimination policy—25 years. University of Arkansas at Little Rock Law Review, 22(2), 147–159.
  • Sherestha, S. (2013). Threatening consumption: Managing U.S. imperial anxieties in representations of skin lightening in India. Social Identities, 19, 104–119.
  • Solomon, J. (2005, May). Government tested AIDS drugs on foster kids. ABCNEWS.com.
  • Song, M. H. (2008). Communities of remembrance: Reflections on the Virginia Tech shootings and race. Journal of Asian American Studies, 11(1), 1–26.
  • Stroebe, W., & Insko, C. A. (1989). Stereotype, prejudice and discrimination: Changing conceptions in theory and research. In D. Bar-Tal, C. F. Graumann, A. W. Kruglanski, & W. Stroebe (Eds.), Stereotyping and prejudice: Changing conceptions (pp. 3–34). New York: Springer-Verlag.
  • Taylor, P., & Walker, A. (1997). Age discrimination and public policy. Personnel Review, 26(4), 307–318.
  • The Heart of Bassett Place: W. Gertrude Brown and the Wheatley House. (2006).
  • Tonry, M. H. (2010). The social, psychological, and political causes of racial disparities in the American criminal justice system. Crime and Justice, 39, 273–312.
  • Tonry, M. H., & Melewski, M. (2008). The malign effects of drug and crime control policies on black Americans. In M. H. Tonry (Ed.), Crime and justice: A review of research (Vol. 37, pp. 1–45). Chicago: University of Chicago Press.
  • U.S. Census Bureau. (2012). National Population Projections.
  • U.S. Equal Employment Opportunity Commission. (n.d.) The Age Discrimination in Employment Act of 1967.
  • U.S. Equal Employment Opportunity Commission. (n.d.) The Equal Pay Act of 1963 (EPA).
    U.S. Equal Employment Opportunity Commission. (n.d.) Religious discrimination.
  • U.S. Equal Employment Opportunity Commission. (n.d.) Title VII of the Civil Rights Act of 1964.
  • Wagner, D. (1990). The quest for a radical profession: Social service careers and political ideology. New York: University Press of America.
  • Walker, A., & Taylor, P. (1993). Ageism versus productive ageing: The challenge of age discrimination in the labour market. In S. Bass, F. Caro, & Y. Chen (Eds.), Achieving a productive ageing society (pp. 61–80). London: Auburn House.
  • Workers, N. A. (2008). NASW Code of Ethics (Guide to the Everyday Professional Conduct of Social Workers). Washington, DC: NASW.

Discrimination: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Discrimination. This part provides references, in relation to Discrimination, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Discrimination by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Discrimination and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Discrimination or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Discrimination and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Discrimination. Finding these decisions can be challenging. In many cases, researchers about Discrimination should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Discrimination when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

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