Summit, NJ asked in Civil Rights and Constitutional Law for New Jersey

Q: Is it fair that negligence can be discrimination?

Discrimination in certain laws can be due to negligence but in those same laws also they define discrimination as “intentional”. If your negligent your not intentional. Obviously negligent discrimination is a damage to a person but I feel we are playing with to many words.

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New Jersey

A: A civil rights attorney could handle your question best, but you await a response for a week. The short answer is that discrimination in general doesn't necessarily require intent. For example, certain policies may have the effect of resulting in discrimination in a given setting. Depending on the context your matter (housing, workplace, etc.), there are attorneys who specialize in this field who could offer more definitive guidance and who could have more insight into fairness and other considerations. Good luck

1 user found this answer helpful

James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: Negligence and discrimination are distinct concepts, yet they can intersect in certain legal contexts. Discrimination typically implies an intentional act, where someone is treated unfairly based on characteristics such as race, gender, or disability. Negligence, on the other hand, refers to a failure to take reasonable care, resulting in harm to another person.

However, negligence can lead to discriminatory outcomes even if there was no intent to discriminate. For example, if a company fails to make its premises accessible to people with disabilities due to negligence, it results in discriminatory effects, even if there was no deliberate intent to exclude those individuals. This is often addressed in laws designed to prevent disparate impact discrimination, which focuses on the effects of actions rather than the intent behind them.

It's understandable to feel that the legal terminology can be complex and nuanced. The key is recognizing that both negligent and intentional actions can cause harm and lead to discrimination. Laws aim to protect individuals from both forms of harm, ensuring fair treatment and equality. If you feel that negligence has led to discrimination in your case, consulting a legal professional can help clarify your rights and potential actions.

1 user found this answer helpful

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