Legal Definitions - discrimination

Discrimination occurs when an individual or group is treated unfairly or differently based on certain characteristics, rather than on their individual merits or qualifications. This often involves denying opportunities, privileges, or fair treatment to someone because of their membership in a particular group, even when they are similarly situated to others who receive better treatment. Such characteristics often include race, age, gender, religion, national origin, disability, or sexual orientation.

Here are some examples to illustrate discrimination:

• Housing: Imagine a landlord who owns an apartment building. Two prospective tenants apply for an available unit; both have excellent credit scores, stable employment, and positive rental histories. One applicant is a single mother with two children, and the other is a childless couple. Despite both meeting all financial and background criteria, the landlord tells the single mother that the apartment is no longer available, but then rents it to the childless couple a few days later. The landlord's decision to deny the apartment to the single mother, despite her qualifications, could be considered discrimination based on familial status.

• Public Accommodation: Consider a popular restaurant that has a strict "no hats" policy for all diners. A customer arrives wearing a head covering that is part of their religious attire. The restaurant staff refuses to seat the customer, citing the "no hats" policy, even though the head covering is not a fashion accessory but a deeply held religious practice. This action could be seen as discrimination based on religion, as the restaurant is denying service to an individual due to their religious observance, treating them differently from other patrons without a legitimate, non-discriminatory reason.

• Employment: A marketing firm is looking to hire a new creative director. They interview several candidates, including a highly experienced 60-year-old professional with a proven track record of successful campaigns and a 35-year-old candidate with less experience but a more "modern" portfolio. Despite the older candidate's superior qualifications and extensive experience, the firm hires the younger candidate, with a hiring manager remarking that they want someone who can "grow with the company for the next few decades." This scenario illustrates potential age discrimination, as the firm may have based its hiring decision on the candidate's age rather than their actual ability to perform the job.