Anti-discrimination law

Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religious, creed, or individual political opinions. Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religious, creed, or individual political opinions. Anti-discrimination laws are rooted in principles of equality, specifically, that individuals should not be treated differently due the characteristics outlined above. Anti-discrimination laws are designed to protect against both individual discrimination (committed by individuals) and from structural discrimination (arising from policies or procedures that disadvantage certain groups). Courts may take into account both discriminatory intent and disparate impact in determining whether a particular action or policy constitutes discrimination. Equality and freedom from discrimination are outlines as basic human rights by the Universal Declaration of Human Rights (UDHR). While the UDHR is not binding, nations make a commitment to uphold those rights through the ratification of international human rights treaties. Specific treaties relevant to anti-discrimination law include the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, and the International Convention on the Elimination of All Forms of Racial Discrimination. The Racial Discrimination Act 1975 was the first major anti-discrimination legislation passed in Australia, aimed at prohibiting discrimination based on race, ethnicity, or national origin. Jurisdictions within Australia moved shortly after to prohibit discrimination on the basis of sex, through acts including the Equal Opportunity Act 1977 and the Anti-Discrimination Act 1977. The Australian parliament expanded these protections with the Sex Discrimination Act 1984 (SDA) to cover all Australians and provide protections based on sex, relationship status, and pregnancy. Additionally, the SDA has been expanded to include gender identity and intersex status as protected groups. Discrimination based on disability status is also prohibited by the Disability Discrimination Act 1992. The European Union has passed several major anti-discrimination directives, the Racial Equality Directive and the Employment Equality Directive, and the Equal Treatment Directive. These directives set standards for all member countries of the European Union to meet; however each member state is responsible for creating specific legislation to achieve those goals. Laws forbidding discrimination in housing, public facilities and employment were first introduced in the 1960s covering race and ethnicity under the Race Relations Act 1965 and the Race Relations Act 1968. In the 1970s, anti-discrimination law was significantly expanded. The Equal Pay Act 1970 allowed women to bring action against their employer if they could show that they were being paid less compared to a male colleague for equal work or work of the same value. The Sex Discrimination Act 1975 forbade both direct and indirect discrimination on the basis of sex, and the Race Relations Act 1976 expanded the scope of anti-discrimination law on the basis of race and ethnicity. In the 1990s, protections against discrimination on the basis of disability was added primarily through the Disability Discrimination Act 1995. In the 2000s, the scope of employment anti-discrimination laws were expanded to cover sexual orientation (with the passage of the Employment Equality (Sexual Orientation) Regulations 2003), age (the Employment Equality (Age) Regulations 2006), and religion/belief (Employment Equality (Religion or Belief) Regulations 2003).