Professor of Jurisprudence at George Mason University David Bernstein believes that this is only the beginning of an extremely complex and painful process. In his opinion, such lawsuits will multiply, and anti-discrimination laws, which were created to protect the rights of citizens, will increasingly be used to restrict rights and freedoms. Some examples of such contradictions are anecdotal, but according to Bernstein, they indicate the existence of extremely serious problems in this area.
Racial discrimination. On the second Monday of September, the US celebrates Columbus Day. On this day, colorful parades are usually held. The Denver municipality demanded that the organizers of the upcoming procession provide an official document certifying that during the parade they would in no way use the name and image of the great navigator, and not use the name Columbus during speeches. This demand appeared as a result of a lawsuit by several organizations of American Indians, who consider Christopher Columbus directly responsible for the deaths of millions of indigenous inhabitants of America and the destruction of the unique civilizations of the New World. The Indians considered the mention of Columbus's name in a positive context as a manifestation of discrimination.
Discrimination based on physical characteristics. The victim of prosecution was the San Francisco Ballet. A certain lady sued the ballet administration, claiming that her daughter was not accepted into the troupe due to discrimination. The girl suffered because of her height and weight - she was too tall and heavy.
Discrimination based on individual characteristics. In the city of Berkeley, the local administration developed a plan to convert an old hotel into a shelter for homeless and mentally ill people. Several local residents living near the hotel organized a protest campaign. They could not force officials to cancel the decision through standard means, so they used their last chance - they accused them of discrimination. The lawsuit filed stated: officials who decided to open a shelter thereby humiliate the dignity of the homeless because they do not allow these people to freely control their own destiny.
Gender discrimination. A teacher at a New York Christian school was fired after she became pregnant and it became noticeable. The school justified this decision by saying that when signing the contract, the teacher agreed to serve as a role model for students, and simulating pregnancy could lead to negative consequences. The teacher went to court. The school's lawyer argued that this decision was based on the fundamental principle of freedom of religion, and the teacher's lawsuit was an encroachment on the independence of religious institutions. The court ordered the school to reverse its decision because dismissal due to pregnancy is nothing other than a form of sex discrimination.
Sexual discrimination. Employees of a public library in Minneapolis sued library visitors who used computers connected to the Internet. The librarians claimed that many visitors visit porn sites, and involuntary viewing of pornographic images is a form of sexual violence. Opponents cited their right to freedom of speech, which provides unimpeded access to any information. Local authorities, who intervened in the case, ruled that the librarians were themselves at fault because they could have long ago installed filters on the computers to prevent access to porn sites.
Religious discrimination. A newly appointed manager of a supermarket in the town of Wellsville ordered the removal of magazines such as Playboy from the shelves because they offend the religious feelings of some people. The manager's boss ordered the magazines to be put back, but was refused, after which the manager was fired. She filed a lawsuit, and her claim was supported by an influential public organization – the American Family Association. The court was again faced with a choice: which freedom takes priority - freedom of speech or freedom of religion. However, a hearing in this case never took place, as the dispute was resolved through a settlement agreement.
The apotheosis of the fight against discrimination can be a story that happened in the town of Eugene. The local newspaper publishers association published a list of words and expressions that are strictly prohibited in real estate advertising. In particular, there were phrases like: 'there is a church near the house', because this provides veiled information about the religious preferences of the applicant, which is a form of discrimination for representatives of other faiths. Also affected were phrases: 'beautiful view from PVC windows' and 'five minutes on foot' (blind and legless disabled people will be offended).
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