Understanding Discrimination
Discrimination is prohibited across three major areas of life: employment, housing, and public accommodations. The 11 protected classes below form the legal foundation for what qualifies as unlawful discrimination in each area.
Employment Discrimination
Employment discrimination occurs when an employer, staffing agency, or labor organization treats an employee or job applicant unfavorably because of a protected characteristic. These protections apply to every stage of employment from the initial application through termination, and cover organizations with 15 or more employees under federal law, with broader coverage under Durham City Code.
Hiring and Recruitment
Employers may not make hiring decisions, set job requirements, or conduct interviews in a way that screens out applicants based on a protected class. This includes background check policies that have a disparate impact on protected groups without business justification.
Examples
- •Refusing to interview applicants with foreign-sounding names
- •Posting job requirements that disproportionately exclude a protected group
- •Asking prohibited questions about age, religion, or disability status in interviews
Applicable Laws
- •Title VII Civil Rights Act (1964)
- •ADA Title I
- •ADEA
- •Durham City Code Chapter 18
Pay, Benefits and Promotions
Employees performing substantially equal work must receive equal pay and benefits regardless of their protected class. This includes base salary, overtime, bonuses, stock options, profit sharing, vacation, insurance, and other benefits.
Examples
- •Paying a woman less than a man for the same role
- •Denying promotion to a qualified employee based on race
- •Excluding employees with disabilities from bonus programs
Applicable Laws
- •Equal Pay Act (1963)
- •Title VII Civil Rights Act (1964)
- •ADEA
- •Durham City Code Chapter 18
Harassment in the Workplace
Workplace harassment based on a protected class is a form of discrimination. It becomes unlawful when it is so frequent or severe that it creates a hostile work environment, or when it results in an adverse employment decision such as a demotion or termination.
Examples
- •Repeated offensive jokes targeting a protected characteristic
- •Displaying discriminatory symbols or materials in the workplace
- •A supervisor conditioning advancement on acceptance of unwanted conduct
Applicable Laws
- •Title VII Civil Rights Act (1964)
- •ADA
- •ADEA
- •Durham City Code Chapter 18
Termination and Retaliation
Employers may not terminate, demote, or retaliate against an employee for filing a discrimination complaint, participating in an investigation, or opposing discriminatory practices. Retaliation is one of the most commonly reported forms of employment discrimination.
Examples
- •Firing an employee after they file an EEOC complaint
- •Demoting a worker who reported harassment
- •Creating a hostile environment for a witness in a discrimination case
Applicable Laws
- •Title VII Civil Rights Act (1964)
- •ADA
- •ADEA
- •NC Equal Employment Practices Act
Housing Discrimination
Housing discrimination occurs when a person is treated unfavorably in renting, purchasing, financing, or other housing-related transactions because of a protected characteristic. The Fair Housing Act and Durham City Code Chapter 18 together cover the full range of protected classes and apply to most housing transactions in the city.
Renting and Leasing
Landlords and property managers may not refuse to rent, set different terms, impose different conditions, or misrepresent the availability of a unit based on a protected characteristic. This applies to advertising, application screening, lease terms, and renewals.
Examples
- •Refusing to rent to a family with children under 18
- •Charging higher deposits to applicants of a certain race
- •Falsely claiming a unit is unavailable to a prospective tenant
Applicable Laws
- •Fair Housing Act (1968)
- •Durham City Code Chapter 18
Buying and Selling
It is illegal to refuse to sell, set discriminatory conditions, or misrepresent the terms of a sale based on a protected characteristic. Sellers, real estate agents, and brokers are all subject to these prohibitions.
Examples
- •Steering a buyer toward or away from neighborhoods based on race
- •Refusing to show certain properties to buyers of a particular religion
- •Setting higher asking prices for protected class members
Applicable Laws
- •Fair Housing Act (1968)
- •NC Fair Housing Act
- •Durham City Code Chapter 18
Mortgage Lending and Financing
Lenders, mortgage brokers, and other financial institutions may not discriminate in the terms, conditions, or availability of financing for a home purchase or refinance. This includes redlining, requiring higher down payments, and offering less favorable interest rates.
Examples
- •Denying a mortgage application based on neighborhood racial composition
- •Offering less favorable loan terms to applicants with disabilities
- •Requiring a higher down payment from applicants of a certain national origin
Applicable Laws
- •Fair Housing Act (1968)
- •Equal Credit Opportunity Act
- •Community Reinvestment Act
Reasonable Accommodations and Modifications
People with disabilities have the right to request reasonable accommodations in rules or policies and reasonable modifications to the physical structure of their home. Landlords must permit these changes when requested by a tenant with a disability.
Examples
- •Refusing to allow a wheelchair ramp installation
- •Denying an exception to a no-pets policy for a service animal
- •Failing to provide accessible parking for a tenant with a disability
Applicable Laws
- •Fair Housing Act (1988 Amendments)
- •ADA Title II
- •Durham City Code Chapter 18
Public Accommodations Discrimination
Public accommodations are places and services that are open to or serve the general public. Under Durham City Code Chapter 18 and applicable federal law, businesses and organizations must provide equal access to all individuals regardless of their protected class. Durham's local protections extend beyond federal law to cover all 11 protected classes in these settings.
Retail, Restaurants and Services
Any business that serves the general public is considered a public accommodation and may not refuse service, impose different terms, or treat customers unequally based on a protected characteristic. This includes restaurants, shops, banks, salons, and professional service providers.
Examples
- •Refusing service to a customer based on religion
- •Seating customers of a protected class in less desirable areas
- •Applying different pricing or terms based on national origin
Applicable Laws
- •Civil Rights Act Title II (1964)
- •Durham City Code Chapter 18
- •ADA Title III
Healthcare and Social Services
Hospitals, clinics, and social service organizations that receive federal funding are prohibited from discriminating on the basis of a protected class. This includes denying care, providing inferior treatment, or failing to provide appropriate accommodations.
Examples
- •Denying care to a patient because of their sexual orientation
- •Failing to provide interpreter services to a patient with limited English
- •Providing lower quality care based on a patient's race or ethnicity
Applicable Laws
- •Section 1557 of the ACA
- •Section 504 Rehabilitation Act
- •ADA Title III
- •Durham City Code Chapter 18
Government Services and Facilities
Government agencies, public schools, parks, libraries, and other publicly funded facilities must be equally accessible and equally served regardless of a person's protected class. This covers both physical access and the quality of services provided.
Examples
- •Excluding a person with a disability from a public program
- •Unequal enforcement of rules based on race at a public facility
- •Denying access to government benefits based on national origin
Applicable Laws
- •ADA Title II
- •Section 504 Rehabilitation Act
- •Civil Rights Act Title VI (1964)
- •Durham City Code Chapter 18
Transportation
Public transportation providers and transportation network companies must provide equal access to all passengers regardless of protected class. This includes physical accessibility for individuals with disabilities and non-discriminatory service policies.
Examples
- •Refusing to pick up passengers based on race
- •Failing to provide accessible vehicles for individuals with disabilities
- •Different routing or service quality based on neighborhood demographics
Applicable Laws
- •ADA Title II and III
- •Civil Rights Act Title VI (1964)
- •Durham City Code Chapter 18
The 11 Protected Classes
These 11 characteristics are legally protected under Durham City Code Chapter 18 across all three areas of discrimination: employment, housing, and public accommodations. Select any class to learn more about how it is protected and what the law says.
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