Also known as: non-discrimination principle · nondiscrimination · non-discrimination · equal treatment principle
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A constitutional rule that bars government from imposing differential treatment on the basis of out-of-state origin. The rule requires evenhanded treatment of interstate commerce.
A constitutional rule that bars government from imposing differential treatment on the basis of out-of-state origin. The rule requires evenhanded treatment of interstate commerce.
Natasha Nielsen, an African American traveler, is denied a room at a motel that serves only white guests. Federal law requires the motel to accept all customers regardless of race. The nondiscrimination principle permits Congress to enforce equal access in interstate commerce through valid legislation.
A constitutional rule that bars government from imposing differential treatment on the basis of membership in a disfavored class. The rule prohibits laws that single out a class for unique legal disabilities without a rational relationship to a legitimate interest.
Nicholas Nunez, an openly gay assistant scoutmaster, is terminated by a private youth group that teaches traditional moral values. The state enforces its antidiscrimination statute to compel reinstatement. The court holds that the nondiscrimination principle cannot override the group's expressive association rights when inclusion would alter its message.
A constitutional rule that bars government from imposing differential treatment on the basis of membership in a disfavored class. The rule prohibits laws that single out a class for unique legal disabilities without a rational relationship to a legitimate interest.
Each sense below has its own examples, sources, and questions.
States may not impose fees or regulations that discriminate on the basis of out-of-state origin unless the measure survives strict scrutiny. Differential treatment based solely on the carrier's home state violates the principle even when framed as a cost-recovery measure.
Nadia Novak and other firefighters pass a promotion exam, but the city discards the results to avoid racial disparate impact. The nondiscrimination principle requires the city to justify its race-based action with a strong basis in evidence rather than discarding valid results.
Nigel Nelson is fired from his job after his employer learns he is gay. The nondiscrimination principle treats the termination as sex discrimination because the employer would not have fired a woman for the same conduct with a male partner.
Nicole Navarro leads an effort to secure local protections against discrimination based on sexual orientation. A state constitutional amendment bars every city from adopting such rules while leaving other traits unregulated. The nondiscrimination principle invalidates the amendment because it imposes a unique disability on one class.
Noah Nakamura and his partner are arrested in their home for private consensual conduct. The nondiscrimination principle embedded in liberty protections requires the state to treat their relationship on equal terms with other intimate associations rather than criminalizing it alone.
The principle does not permit a state to compel an organization to accept members whose inclusion would significantly burden the group's ability to express its chosen message. Courts weigh whether forced inclusion alters the organization's viewpoint against the state's interest in equal treatment.
Once a state recognizes same-sex marriages, the principle forbids withholding incidents of marriage such as housing eligibility from those couples while granting them to opposite-sex couples. Differential treatment tied to the sex of the spouses violates equal protection.
A law that singles out one class by a single trait and bars that class alone from seeking protective measures in an important domain fails rational basis review. The breadth and unusual character of the restriction signal impermissible animus rather than a neutral policy.
…legal; that proposals to ban such "discrimination" under Title VII have repeatedly been rejected by Congress, see Employment Non-Discrimination Act of 1994, S. 2238, 103d Cong., 2d Sess. (1994); Civil Rights Amendments, H. R. 5452, 94th Cong., 1st Sess. (1975); that in some cases such "discrimination" is mandated by federal…