Military Status The Fifth and Fourteenth Amendments of the United States Constitution limit the power of the federal and state governments to discriminate. The private sector is not directly constrained by the Constitution.
History[ edit ] After the end of the Civil War and the abolition of slavery, Jim Crow laws were introduced. Fifteen state courts obeyed ordinances that enforced the denial of housing to African American and other minority groups in white-zoned areas.
These ordinances were then made illegal in the Supreme Court case, Buchanan v. Following this decision, however, nineteen states legally supported "covenants," or agreements, between property owners to not rent or sell any homes to racial or ethnic minorities.
Although the covenants, too, were made illegal inthey were still allowed to be present in private deeds. Congress passed the federal Fair Housing Act codified at 42 U. Calls for open housing were issued early in the twentieth century, but it was not until after World War II that concerted efforts to achieve it were undertaken.
Refusal to sell or rent a dwelling to any person because of race, color, religion, sex, or national origin. Discrimination based on race, color, religion or national origin in the terms, conditions or privilege of the sale or rental of a dwelling.
Advertising the sale or rental of a dwelling indicating preference of discrimination based on race, color, religion or national origin. When the Fair Housing Act was first enacted, it prohibited discrimination only on the basis of race, color, religion, sex, and national origin.
It has a staff of more than people located in 54 offices around the United States. FHEO funds and has working agreements with many state and local governmental agencies where "substantially equivalent" fair housing laws are in place.
Under these agreements, FHEO refers complaints to the state or locality where the alleged incident occurred, and those agencies investigate and process the case instead of FHEO. There is also a network of private, non-profit fair housing advocacy organizations throughout the country.
Victims of housing discrimination need not go through HUD or any other governmental agency to pursue their rights, however.
The Fair Housing Act confers jurisdiction to hear cases on federal district courts.
The United States Department of Justice also has jurisdiction to file cases on behalf of the United States where there is a pattern and practice of discrimination or where HUD has found discrimination in a case and either party elects to go to federal court instead of continuing in the HUD administrative process.
The Fair Housing Act applies to landlords renting or leasing space in their primary residence only if the residence contains living quarters occupied or intended to be occupied by three or more other families living independently of each other, such as an owner-occupied rooming house.
Enforcement[ edit ] The Fair Housing Act has been strengthened since its adoption inbut enforcement continues to be a concern among housing advocates. According to a evaluation of Analysis of Impediments AI reports done by the Government Accountability Office, enforcement is particularly inconsistent across local jurisdictions.
The Fair Housing Assistance Program of was passed to assist public agencies with processing complaints, and the Fair Housing Initiatives program of supported private and public fair housing agencies in their activities, such as auditing.
American sociologist Douglas Masseyin his essay, "The New Geography of Inequality in Urban America", argues that this new racial geography in the United States has laid the foundation for housing discrimination to occur in order to keep up the status quo.
Karafin, and Griff Tester have determined that the variety of actions that constitute housing discrimination can be classified as either exclusionary or nonexclusionary. Other discriminatory actors or institutions responsible for exclusion include real estate, insurance, and banking and lending agents and institutions.
Although this outright exclusion is often made up of subtle actions, like lying about standards for rental qualification to disqualify certain individuals, it sometimes also comes with overt verbal abuse and slurs. These forms include unfair financing or loan qualifications or terms, steering or restricting the choices of people seeking homes, differential criteria to qualify to rent a home, and refusing to provide insurance, which would prevent the individual or family from acquiring a home.
Department of Housing and Urban Development HUD found that "the greatest share of discrimination for Hispanic and African American home seekers can still be attributed to being told units are unavailable when they are available to non-Hispanic whites and being shown and told about less units than a comparable non-minority.
Landlords and owners are still responsible for the majority of this type of housing discrimination, but neighbors and banking and lending institutions participate more. For instance, even without institutionalized exclusionary power, residential neighbors can harass and intimidate tenants.
The majority of these cases involve terms, conditions, and privileges relating to a current rental arrangement. These cases are often seen as unfairly raising the rent of a select group or allowing certain tenants privileges, like using a facility after hours or being lenient on pet policies.
If an individual holding a position of an authority, such as the landlord, is responsible for the nonexclusionary discrimination, the victim is left with a feeling of powerlessness and lack of ability to get help.In the United States, most crimes that target victims on the basis of their race or ethnicity are considered hate crimes.
(For federal law purposes, crimes targeting Hispanics because of their identity are considered hate crimes based on ethnicity.).
Federal laws prohibit discrimination based on a person's national origin, race, color, religion, disability, sex, and familial status. Laws prohibiting national origin discrimination make it illegal to discriminate because of a person's birthplace, ancestry, culture or language.
The Three Laws That Discriminate on the Basis of Race and Class in the United States PAGES 6. WORDS 2, View Full Essay. More essays like this: Not sure what I'd do without @Kibin - Alfredo Alvarez, student @ Miami University. Exactly what I needed.
- Jenna Kraig, student @ UCLA. Wow. Most helpful essay resource ever! No individual, on the basis of race, sex, color, national origin, disability, religion, age, sexual orientation, or status as a parent, shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination in, a Federally conducted education or training program or activity.
Prohibits discrimination on the basis of race, color, religion, or national origin in the sale or rental of most housing.
Title IX, Education Amendment of Prohibits discrimination on the basis of sex in any education program receiving federal financial assistance. Since the Civil Rights Movement of the s, federal and state governments have enacted a number of laws that bar an employer from discriminating against employees on almost any grounds, aside from the quality of the employee's work or the nature of his or her personality.
Following is an introduction to the law of discrimination in employment.