Find a Discrimination Lawyer
Discrimination is an illegal action that falls under civil rights law, which includes Americans' rights to free speech; freedom of assembly; freedom of religion; and the right to vote. Both the 13th and 14th Amendments to the U.S. Constitution are the original sources of civil rights law in the United States. The 13th Amendment abolished slavery; the 14th Amendment provides for due process and equal protection under the law. When due process and equal protection is violated, it's an act of discrimination.
The Civil Rights Act of 1964 evolved out of the 13th and 14th constitutional amendments. It incorporates a series of far-reaching laws that extend civil rights protection into government-run and public establishments that are connected to interstate commerce or federally funded programs. For patrons or consumers, such establishments include, for example, such ordinary locations as restaurants; lodging establishments; public schools and housing.
For employees, the Civil Rights Act is applicable in almost any establishment, but there are a few exceptions. Employment discrimination laws do not apply, for example, to independent contractors because they are self-employed and not classified as “employees” according to labor laws. Another exception is discrimination directed toward people 40 years or older. The Age Discrimination in Employment Act (ADEA) is not applicable to employees of state or federal government agencies, employment agencies, or to labor unions.
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By Kathleen Goolsby
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