法律英语每日一词8-Discrimination

Discrimination  n.   

一、释义

1.  英文释义

1)  The intellectual faculty of noting differences and similarities.  

2)  The effect of a law or established practice that confers privileges on a certain class or that denies privileges to a certain class because of race, age, sex, nationality, religion, or disability。

Federal law, including Title VII of the Civil Rights Act, prohibits employment discrimination based on any one of those characteristics. other federal statutes, supplemented by court decisions, prohibit discrimination in voting rights, housing, credit extension, public education, and access to public facilities. State laws provide further protections against discrimination.

3) Differential treatment;esp., a failure to treat all person equally when no reasonable distinction can be found between those who favored and those not favored. 

4） The effect of state laws that favor local interests over out-of-state interests

Such a discriminatory state law may still be upheld if it is narrowly tailored to achieve an important state interest.

2.  中文释义

歧视；区别待遇；不平等待遇

区别对待是大多数法的目的。法律旨在将善行【good or useful conduct】与恶行【harmful conduct 】分别开来。因而哦南广场必须将允许或禁止从事某一行为的人进行区分，就本质而言，区别对待并非违宪。

不过discrimination在目前的用法中，非指中性，常被用作贬义。它指授予某些人特权或因种族、年龄、性别、民族、信仰或残疾剥夺某些人权利的法律或惯例的后果，或者指没有正当理由，不平等的对待各方。

二、词组精选

age discrimination  年龄歧视

Discrimination based on age.

Federal law prohibits discrimination in employment against people who are age 40 or older.

reverse discrimination 反向歧视

= affirmative discrimination;benign discrimination有利的区别对待

Preferential treatment of minorities, esp. through affirmative-active programs, in a way that adversely affects members of a majority group; specif., the practice of giving unfair treatment to a group of people who have traditionally been privileged in an attempt to be fair to the group of people unfairly treated in the past.

通常通过确定性的行动项目对于少数者群体给予优惠性的待遇，从而使多数群体的成员利益收到消极影响。

employment discrimination  就业歧视

Discrimination against an employee, former employee, or job applicant by an employee based on a characteristic or status such as race, age, religion, disability, or sexual orientation.

indirect discrimination  间接歧视

Discrimination arising from the application of a provision, criterion, or policy in such a way that a particular definable group is disadvantaged.

positive discrimination  积极性歧视

歧视的一种，它起主动惠及过去处于社会不利地位一群的作用，或相对另一群人促进一群人的权益。积极性歧视曾被极力主张应就女性及其他处于社会不利地位的人士使用。

systemic discrimination 制度性歧视 =institutional discrimination; systematic discrimination

A ingrained culture that perpetuates discriminatory policies and attitudes toward certain classes of people within society or a particular industry, profession, company, or geographic location.

Examples of systemic discrimination include excluding women from traditionally male jobs, holding management trainee programs on evenings and weekends, and asking unlawful preemployment screening questions.

(来源：Black's Law Dictionary, 《元照英美法词典》，《英汉法律用语词典》）