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Discrimination Laws

Discrimination laws are legal rules that prohibit unfair or unequal treatment of people on the basis of protected characteristics such as race, sex, religion, age, disability, and sexual orientation, particularly in employment, housing, education, and public services. Landmark examples include the United States Civil Rights Act of 1964, the British Equality Act 2010, and European Union equality directives, which distinguish direct discrimination, indirect discrimination, harassment, and victimization. T. H. Marshall’s account of citizenship rights provides a background for understanding equality before the law, and Ronald Dworkin and John Rawls shaped philosophical debates over equal treatment and fair opportunity. Kimberle Crenshaw argued that single-axis laws fail to capture the experiences of people facing overlapping forms of discrimination, a limitation also discussed by Sandra Fredman. Lauren Edelman’s research showed that organizations often respond to legal requirements through symbolic compliance, such as creating diversity offices, without changing practice. Devah Pager’s audit studies indicate that discrimination persists despite prohibition, and Michelle Alexander has argued that formal equality can coexist with entrenched racial inequality. Debates concern affirmative action, burden of proof, and enforcement. Discrimination laws remain central to research on rights, inequality, organizations, and legal change.

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