What is discrimination?
There’s so much confusion and emotionalism about discrimination that I thought I’d take a stab at a dispassionate analysis. Discrimination is simply the act of choice. When we choose Bordeaux wine, we discriminate against Burgundy wine. When I married Mrs. Williams, I discriminated against other women. Even though I occasionally think about equal opportunity, Mrs. Williams demands continued discrimination. You say, “Williams, such discrimination doesn’t harm anyone.” You’re wrong. Discriminating in favor of Bordeaux wine reduces the value of resources held in Burgundy production. Discriminating in favor of Mrs. Williams harmed other women by reducing their opportunity set, assuming I’m a man other women would marry. Our lives are spent discriminating for or against one thing or another. In other words, choice requires discrimination. When we modify the term with race, sex, height, weight or age, we merely specify the choice criteria. Imagine how silly, not to mention impossible, life w
Discrimination is broadly defined as treating one person unfairly over another according to factors unrelated to their ability or potential. Legislation prohibits discrimination on specified grounds. The legislation provides limited exemption for some measures, such as affirmative action programs, designed to achieve increased representation of groups historically under-represented in the workforce. Discrimination may be direct or indirect and may not always be intentional.
In plain English, to “discriminate” means to distinguish, single out, or make a distinction. In everyday life, when faced with more than one option, we discriminate in arriving at almost every decision we make. But in the context of civil rights law, unlawful discrimination refers to unfair or unequal treatment of an individual (or group) based on certain characteristics, including: • Age • Disability • Ethnicity • Gender • Marital status • National origin • Race, • Religion, and • Sexual orientation. Lawful vs. Unlawful Discrimination Not all types of discrimination will violate federal and/or state laws that prohibit discrimination. Some types of unequal treatment are perfectly legal, and cannot form the basis for a civil rights case alleging discrimination. The examples below illustrate the difference between lawful and unlawful discrimination. Example 1: Applicant 1, an owner of two dogs, fills out an application to lease an apartment from Landlord. Upon learning that Applicant 1 i
