Equal treatment refers to the legal protection all employees have to the same rights as any other employee. Most commonly, this legal doctrine is used in discharge cases to ensure that an employer is treating all employees fairly.
Which amendment guarantees equal treatment under the law?
The Fourteenth Amendment prohibits a State from depriving any person of life, liberty, or property without due process of law, and from denying to any person within its jurisdiction the equal protection of the laws, but it adds nothing to the rights of one citizen as against another.
Is everyone treated equally under the law?
Yes, absolutely. The 14th Amendment (1868 ) very specifically addresses this very point. In theory, we are all to be treated equally under the law and benefit from the equal protection of the laws.
What does equal protection under the law mean?
equal protection of the laws. A phrase in the Fourteenth Amendment to the United States Constitution requiring that states guarantee the same rights, privileges, and protections to all citizens. Similarly, where does the equal protection of law originated?
What do the words equal justice under law mean?
They can, and do, also include things like:
- Cost of a private investigator
- Expert witness fees
- Costs of forensic laboratory testing
- Costs of copying documents and subpoenaing witnesses
- Fees for co-counsels
What is the right to equal treatment before the law?
Every person has the right to enjoy the person's human rights without discrimination. Every person is equal before the law and is entitled to the equal protection of the law without discrimination. Every person has the right to equal and effective protection against discrimination.
What does the right to equal treatment means?
Definition. The principle of equal treatment establishes that all people – and in the context of the workplace, all workers – have the right to receive the same treatment and not to be discriminated against on the basis of criteria such as age, disability, nationality, race and religion.
Who should be considered equal under the law?
Also known as equality before the law, or isonomy, the basic principle recognizes that all individuals should be treated in exactly the same manner by the law, while all persons should be subject to the same laws.
What is equal protection of law example?
For example, a state may not prohibit inter-racial marriages, or deny child custody to a couple because they are of different races. Also, as mentioned above, any laws requiring segregation of the races will be held unconstitutional.
Why is equal treatment necessary?
1. The principle of equal treatment prohibits employers and legislators from treating similarly situated women and men differently because of their gender. are to assure women and men equal opportunities in the work place and to eliminate gender discrimination gradually.
What is equal treatment in the workplace?
Equal treatment refers to the legal protection all employees have to the same rights as any other employee. Most commonly, this legal doctrine is used in discharge cases to ensure that an employer is treating all employees fairly.
Is every citizen treated equally by law?
“The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” Article 15 secures the citizens from every sort of discrimination by the State, on the grounds of religion, race, caste, sex or place of birth or any of them.
What is equal protection of law in the Philippines?
The equal protection of the law clause requires that all persons similarly situated should be treated alike both as to rights and responsibilities imposed.
What is right of equality?
2. Everyone has the right to enjoy his or her human rights without distinction or discrimination of any kind. 3. Everyone is equal before the law and is entitled to the equal protection of the law without discrimination.
What is the meaning of all are equal before law?
Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law.
Who does the equal protection clause apply to?
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
What is the principle that all people must be equally protected by the law?
Liberalism portal. Politics portal. v. t. e. Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. The principle requires a systematic rule of law that observes due process to provide equal ...
What is the meaning of "all shall be equal before the law"?
Graffiti in Cape Town: "All shall be equal before the law.". Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. The principle requires a systematic rule of law that observes due process ...
Why was the parricide penalty declared unconstitutional?
Article 200 of the Criminal Code of Japan, the penalty regarding parricide, was declared unconstitutional for violating the equality under the law by the Supreme Court of Japan in 1973. This was a result of the trial of the Tochigi patricide case.
What does the Bible say about equality?
The Bible says that "You and the foreigner shall be the same before the Lord: The same laws and regulations will apply both to you and to the foreigner residing among you.".
What is the general guarantee of equality?
The general guarantee of equality is provided by most of the world's national constitutions, but specific implementations of this guarantee vary. For example, while many constitutions guarantee equality regardless of race, only a few mention the right to equality regardless of nationality.
What is the principle of isonomy?
Sometimes called the principle of isonomy, it arises from various philosophical questions concerning equality, fairness and justice. Equality before the law is one of the basic principles of some definitions of liberalism. It is incompatible with legal slavery .
What is the principle of due process?
The principle requires a systematic rule of law that observes due process to provide equal justice, and requires equal protection ensuring that no individual nor group of individuals be privileged over others by the law.
What is equal rights under the law?
Equal rights under the law. All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by ...
When was the disparate impact case filed?
Notwithstanding any other provision of this Act, nothing in this Act shall apply to any disparate impact case for which a complaint was filed before March 1, 1975, and for which an initial decision was rendered after October 30, 1983 .”. Short Title of 1991 Amendment.
Overview
Equality before the law, also known as equality under the law, equality in the eyes of the law, legal equality, or legal egalitarianism, is the principle that all people must be equally protected by the law. The principle requires a systematic rule of law that observes due process to provide equal justice, and requires equal protection ensuring that no individual nor group of individuals be privileged ove…
History
The Bible says that "You and the foreigner shall be the same before the Lord: The same laws and regulations will apply both to you and to the foreigner residing among you." (Numbers 15:15f)
The legalist philosopher Guan Zhong (720–645 BC) declared that “the monarch and his subjects no matter how great and small they are complying with the la…
Liberalism
Liberalism calls for equality before the law for all persons. Classical liberalism as embraced by libertarians and modern American conservatives opposes pursuing group rights at the expense of individual rights.
In his Second Treatise of Government (1689), John Locke wrote: "A state also of equality, wherein all the power and jurisdiction is reciprocal, no one having mor…
Feminism
Equality before the law is a tenet of some branches of feminism. In the 19th century, gender equality before the law was a radical goal, but some later feminist views hold that formal legal equality is not enough to create actual and social equality between women and men. An ideal of formal equality may penalize women for failing to conform to a male norm while an ideal of different treatment may reinforce sexist stereotypes.
See also
• Anti-discrimination law
• Civil and political rights
• Equal justice under law
• Equality of opportunity
• Global justice
Further reading
• Hudson, Adelbert Lathrop (1913). "Equality Before the Law". The Atlantic Monthly. Vol. CXII. pp. 679–688.
• Shenfield, Arthur A. (1973). "Equality Before the Law". Modern Age. Vol. XVII. No. 2, pp. 114–124.