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What is Discrimination vs. Illegal Discrimination?

Is This Discrimination?

Many people experience situations that feel unfair and wonder whether the behavior may be discrimination.

Not all unfair treatment is illegal discrimination. Civil rights laws apply when someone is treated differently because of a protected class in certain areas such as housing, employment, education, public accommodations, or credit.

The examples below can help illustrate situations where discrimination may occur.

What is Illegal Discrimination?

Illegal discrimination generally occurs when someone is treated unfairly because of a protected class in an area covered by civil rights law.

Protected classes may include characteristics such as:

  • Race
  • Color
  • Religion
  • Sex
  • Disability
  • National origin
  • Ancestry
  • Age
  • Military or veteran status

Civil rights laws apply in areas such as housing, employment, education, public accommodations, and credit.

Not Every Unfair Situation Is Discrimination

Civil rights laws focus on discrimination related to protected classes in specific areas.

For example:

  • A manager who is rude to all employees may be unfair but not engaging in illegal discrimination.
  • A landlord raising rent for all tenants equally may not be discrimination.
  • A business enforcing the same policy for all customers may not violate civil rights laws.

Understanding this distinction can help determine when civil rights protections may apply.

Housing Example:

Situation:

A landlord tells a family with children that the apartment building only accepts adults.

Why it may be discrimination:

Families with children are protected under fair housing laws. Refusing to rent because children will live in the home may violate the law.

Employment Example:

Situation:

An employee reports harassment based on race, and shortly afterward their employer reduces their hours.

Why it may be discrimination:

Reducing hours because someone reported discrimination may be retaliation, which is prohibited under civil rights laws.

Education Example:

Situation:

A student is repeatedly harassed at school because of their religion, and the school does not take steps to address the behavior.

Why it may be discrimination:

Harassment based on a protected class that interferes with a student’s ability to participate in school may violate civil rights protections.

Public Accommodations Example:

Situation:

A restaurant refuses to allow a customer with a service animal to enter.

Why it may be discrimination:

Businesses that serve the public generally must allow service animals accompanying individuals with disabilities.

Credit Example:

Situation:

A lender discourages someone from applying for a mortgage loan because of their national origin.

Why it may be discrimination:

Creditors may not treat applicants differently or discourage applications based on protected classes.

What To Do If You Believe You Experienced Discrimination

If you believe you experienced discrimination in housing, employment, education, public accommodations, or credit, you may be able to file a discrimination complaint.

The Indiana Civil Rights Commission investigates complaints involving discrimination in these areas.

To learn more about filing a complaint, visit the How to File a Discrimination Complaint page.