Discriminate, Discrimination

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Discriminate, Discrimination

Post by notmartha » Tue Jun 19, 2018 12:55 pm

BIBLE

The words “discriminate” and/or “discrimination” are not found in the KJV. The Greek word διακρίνω (diakrinō), translated as “partial,” or “difference” in the KJV, is translated as discriminate[ed][ing] in other versions:

Acts 15:9 (GW)
9 God doesn't discriminate between Jewish and non-Jewish people. He has cleansed non-Jewish people through faith as he has cleansed us Jews.
James 2:3-4 (GW)
3 Suppose you give special attention to the man wearing fine clothes and say to him, “Please have a seat.” But you say to the poor man, “Stand over there,” or “Sit on the floor at my feet.”
4 Aren't you discriminating against people and using a corrupt standard to make judgments?
James 2:3-4 (HCSB)
3 If you look with favor on the man wearing the fine clothes and say, “Sit here in a good place,” and yet you say to the poor man, “Stand over there,” or, “Sit here on the floor by my footstool,”
4 haven’t you discriminated among yourselves and become judges with evil thoughts?
James 2:3-4 (NLT)
3 If you give special attention and a good seat to the rich person, but you say to the poor one, “You can stand over there, or else sit on the floor”—well,
4 doesn’t this discrimination show that your judgments are guided by evil motives?
The Complete Book of Everyday Christianity, Robert Banks and R. Paul Stevens, 1997
As a term, discrimination can be understood in different ways. Historically it has meant the process of observing differences and making distinctions in our choices. Whenever we are hiring an employee or choosing an employee for promotion, the process of selection involves a form of discrimination. In this respect all judgments are discriminatory.

In recent decades, however, discrimination has taken on a negative connotation. Current usage most likely refers to unjust discrimination that is the result of improper judgments. Here discrimination means choosing for or against a person based on their group or class, or some characteristic (attribute) related to their group, and not on individual merit. This subjective judgment is the basis for giving an individual unjustifiably positive or negative treatment.
Anti-Thought-Control Dictionary created by American Christian Ministries
DISCRIMINATION

CONTROLLED DEFINITION: Unfair preference of one race of people over another ... with particular attention to white people (particularly Christians) favoring their own race.

PURPOSE: This term is used by people with criminal intent to discredit, intimidate and weaken Whites and Christians by labeling them bigots, extremists and hate mongers. Their intention is to disempower a whole class of people and block Christian influence in society.

CORRECT DEFINITION: Recognition of observable scientific distinctions between things, including people, plants, chemicals, laws, gods, etc.. All people, and all things, naturally "discriminate." Nature discriminates without apology. People, animals, plants and even minerals exercise preferences (discrimination) in their chemistries and their life cycles.

True discrimination is unavoidable, and life as we know it could not exist without it. It is the process of natural selection, as well as examination and choice. In Christians it is the process of weeding out error and facilitating growth and progress. It applies to all areas of endeavor.

Unfair and inaccurate discrimination is another thing altogether, and should be avoided.
DEFINITIONS

Webster’s Dictionary of the English Language, 1828

DISCRIMINATE, verb transitive [Latin , difference, distinction; differently applied; Gr., Latin ]
1. To distinguish; to observe the difference between; as, we may usually discriminate true from false modesty.
2. To separate; to select from others; to make a distinction between; as, in the last judgment, the righteous will be discriminated from the wicked.
3. To mark with notes of difference; to distinguish by some note or mark. We discriminate animals by names, as nature has discriminated them by different shapes and habits.

DISCRIMINATE, verb intransitive
1. To make a difference or distinction; as, in the application of law, and the punishment of crimes, the judge should discriminate between degrees of guilt.
2. To observe or note a difference; to distinguish; as, in judging of evidence, we should be careful to discriminate between probability and slight presumption.

DISCRIMINATE, adjective Distinguished; having the difference marked.

DISCRIMINATION, noun
1. The act of distinguishing; the act of making or observing a difference; distinction; as the discrimination between right and wrong.
2. The state of being distinguished.
3. Mark of distinction.
Bouvier’s Law Dictionary, 1856

No entry

Black’s Law Dictionary, 1st Edition, 1891

No entry

The Century Dictionary, an Encyclopedic Lexicon of the English Language, 1895
discrimination

1. The act of distinguishing; the act of observing, making, or marking a difference; distinction; as the discrimination between right and wrong

Specifically —2. The power of distinguishing or discriminating; discriminative judgment; penetration: as, a man of discrimination.

3. The state of being discriminated, distinguished, or set apart.

4. That which serves to discriminate; a mark of distinction.

Specifically—5. An invidious distinction.

discriminate

1. To distinguish from something else, or from each other; separate, observe or mark the differences between, absolutely or by some note or sign of distinction: as, to discriminate true from false modesty; to discriminate animals by names.

2. To select; pick out; make a distinction in regard to: as, to discriminate certain persons from a crowd of applicants.
Black’s Law Dictionary, 2nd Edition, 1910

No entry

The Concise Oxford Dictionary of Current English, 1919
discriminate,

Be, set up, or observe, a, difference between (also intr. with between), distinguish from another; make a distinction {d. against, distinguish unfavourably, of taxes &c), observe distinctions carefully.
The Pocket Oxford Dictionary of Current English, 4th edition, 1942
Discriminate

Detect or draw or make distinctions (between), distinguish from or d. between, set up exceptional treatment against or in favour of.

Black’s Law Dictionary, 4th Edition, 1968
DISCRIMINATION.

With reference to common carriers (especially railroads), a breach of the carrier's duty to treat all shippers alike, and afford them equal opportunities to market their product. Cox v. Pennsylvania R. Co., 240 Pa. 27, 87 A. 581, 583. A carrier's failure to treat all alike under substantially similar conditions. Kentucky Traction & Terminal Co. v. Murray, 176 Ky. 593, 195 S.W. 1119, 1120.

"Discrimination" is a term well understood in the nomenclature of transportation over railroads. It implies to charge shippers of freight, as compensation for carrying the same over railroads, unequal sums of money for the same quantity of freight for equal distances; more for shorter than a longer distance, more in proportion of distance for a shorter than a longer distance; more for freights called local freights than those designated otherwise; more for the former in proportion to distance such freights may be carried than the latter. Atchison, T. & S. F. Ry. Co. v. State, 85 Okl. 223, 206 P. 236, 239.

In constitutional law, the effect of a statute which confers particular privileges on a class arbitrarily selected from a large number of persons, all of whom stand in the same relation to the privileges granted and between whom and those not favored no reasonable distinction can be found. Franchise Motor Freight Ass'n v. Seavey, 196 Cal. 77, 235 P. 1000, 1002.

In general, a failure to treat all equally; favoritism.
Black’s Law Dictionary, 5th Edition, 1979, 6th Edition, 1991
Discrimination.

In constitutional law, the effect of a statute or established practice which confers particular privileges on a class arbitrarily selected from a large number of persons, all of whom stand in the same relation to the privileges granted and between whom and those not favored no reasonable distinction can be found. Unfair treatment or denial of normal privileges to persons because of their race, age, nationality or religion [6th Edition adds “being handicapped”]. A failure to treat all persons equally where no reasonable distinction can be found between those favored and those not favored. Baker v. California Land Title Co., D.C.Cal., 349 F.Supp. 235, 238, 239.

Federal statutes prohibit discrimination in employment on basis of sex, age, race, nationality or religion; e.g. Title VII of 1964 Civil Rights Act, Age Discrimination in Employment Act, Equal Pay Act, Sex Discrimination in Employment Based on Pregnancy Act. Other federal acts, as supplemented by court decisions, prohibit discrimination in voting rights, housing, extension of credit, public education, and access to public facilities.

With reference to common carriers, a breach of the carrier's duty to treat all shippers alike, and afford them equal opportunities to market their product. A carrier's failure to treat all alike under substantially similar conditions.

See also Bias; Equal protection clause; Equal protection of the law; Price discrimination; Redlining; Reverse discrimination.
Black’s Law Dictionary, 7th Edition, 1999
Discrimination

1. 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 handicap. 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.

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

MISCELLANEOUS CITATIONS

7 CFR 15d.2 - Definitions.
Discrimination means unlawful treatment or denial of benefits, services, rights or privileges to a person or persons because of their race, color, national origin, religion, sex, sexual orientation, disability, age, marital status, sexual orientation, familial status, parental status, income derived from a public assistance program, political beliefs, or gender identity.
10 CFR 1040.83 - Definitions.
(d)Age distinction means any action using age or an age-related term (for example, “18 or over”).
(g)Discrimination means unlawful treatment based on age.
14 CFR 1252.103 - Definitions.
(f)Discrimination means unlawful treatment based on age.
18 CFR 1316.8 - Employee protected activities.
The Secretary of Labor has determined that “discrimination” means discharge or any other adverse actions that relate to compensation, terms, conditions, and privileges of employment;
23 CFR 230.407 - Definitions.
(k)Discrimination means a distinction in treatment based on race, color, religion, sex, or national origin;
29 CFR 1614.702 - Definitions.
(j) The term basis of alleged discrimination refers to the individual's protected status (i.e., race, color, religion, reprisal, sex, national origin, Equal Pay Act, age, disability, or genetic information). Only those bases protected by Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000eet seq., the Equal Pay Act of 1963, 29 U.S.C. 206(d), the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 621et seq., the Rehabilitation Act of 1973, as amended, 29 U.S.C. 791et seq., and the Genetic Information Nondiscrimination Act, 42 U.S.C. 2000ffet seq., are covered by the federal EEO process.
(k) The term issue of alleged discrimination means one of the following challenged agency actions affecting a term or condition of employment as listed on EEOC Standard Form 462 (“Annual Federal Equal Employment Opportunity Statistical Report of Discrimination Complaints”): Appointment/hire; assignment of duties; awards; conversion to full time; disciplinary action/demotion; disciplinary action/reprimand; disciplinary action/suspension; disciplinary action/removal; duty hours; evaluation/appraisal; examination/test; harassment/non-sexual; harassment/sexual; medical examination; pay/overtime; promotion/non-selection; reassignment/denied; reassignment/directed; reasonable accommodation; reinstatement; retirement; termination; terms/conditions of employment; time and attendance; training; and, other.
QUOTATIONS

Mary McLeod Bethune:
If we accept and acquiesce in the face of discrimination, we accept the responsibility ourselves. We should, therefore, protest openly everything ... that smacks of discrimination or slander.
Clarence Thomas:
I believe that there is a moral and constitutional equivalence between laws designed to subjugate a race and those that distribute benefits on the basis of race in order to foster some current notion of equality.... In my mind, government-sponsored racial discrimination based on benign prejudice is just as noxious as discrimination inspired by malicious prejudice.
William P. Hoar:
If ... our bureaucratic masters are becoming more akin to Soviet-style or Eastern European counterparts, it was rarely seen as a plus that those central schemers had wonderful intentions with their five-year plans. Such goals as "job safety," "equality," and freedom from "discrimination," depending on their definitions, may be good things for society, but they were never intended to be the business of the federal government.
Ronald Reagan:
Have we the courage and the will to face up to the immorality and discrimination of the progressive tax, and demand a return to traditional proportionate taxation? ... Today in our country the tax collector's share is 37 cents of every dollar earned. Freedom has never been so fragile, so close to slipping from our grasp.
Mordechai Anielewicz:
The most difficult struggle of all is the one within ourselves. Let us not get accustomed and adjusted to these conditions. The one who adjusts ceases to discriminate between good and evil. He becomes a slave in body and soul. Whatever may happen to you, remember always: Don’t adjust! Revolt against the reality!
Robert Justin Goldstein:
Political repression consists of government action which grossly discriminates against persons or organizations viewed as presenting a fundamental challenge to existing power relationships or key governmental policies, because of their perceived political beliefs.
Richard Lamm:
Let me offer you, metaphorically, two magic wands that have sweeping powers to change society. With one wand you could wipe out all racism and discrimination from the hearts and minds of white America. The other wand you could wave across the ghettos and barrios of America and infuse the inhabitants with Japanese or Jewish values, respect for learning and ambition. ... I suggest that the best wand for society and for those who live in the ghettos and barrios would be the second wand.
Justice William J. Brennan:
The door of the Free Exercise Clause stands tightly closed against any government regulation of religious beliefs as such. Government may neither compel affirmation of a repugnant belief, nor penalize or discriminate against individuals or groups because they hold views abhorrent to the authorities.
Edwin M. Schur:
The uneven impact of actual enforcement measures tends to mirror and reinforce more general patterns of discrimination (along socioeconomic, racial and ethnic, sexual, and perhaps generational lines) within the society. As a consequence, such enforcement (ineffective as it may be in producing conformity) almost certainly reinforces feelings of alienation already prevalent within major segments of the population.
Alan Keyes:
...[A] prohibition on moral judgments against various sexual behaviors is a violation of the freedom, even of the religious liberty, of those who view such behavior as wrong. If we don't have a right to act according to our religious belief by forming judgments according to those beliefs about human conduct and behavior, then, exactly what does the free exercise of religion mean? Can the free exercise of religion really mean simply that I have the right to believe that God has ordained certain things to be right or wrong but that I can't act accordingly? Surely free exercise means the freedom to act according to belief. And, yet, if we are not allowed to act according to belief when it comes to fundamental moral precepts, then what will be the moral implications of religion? None at all. But if we accept an understanding of religious liberty that doesn't permit us to discriminate the wheat from the chaff in our own actions and those of others, haven't we in fact permitted the government to dictate to us a uniform approach to religion? And, isn't that dictation of uniformity in religion exactly what the First Amendment intended to forbid?
Humanist Manifesto II, 1973
Eleventh: The principle of moral equality must be furthered through the elimination of all discrimination based upon race, religion, sex, or national origin. This means equality of opportunity and recognition of talent and merit. Individuals should be encouraged to contribute to their own betterment. If unable, then society should provide the means to satisfy their basic economic, health, and cultural needs, including, whatever resources make possible, a minimum guaranteed annual income. We are concerned for the welfare of the aged, the infirm, the disadvantaged, and also for the outcasts - the mentally retarded, abandoned or abused children, the handicapped, prisoners, and addicts - for all who are neglected or ignored by society. Practicing humanists should make it their vocation to humanize personal relations.
We believe in the right to universal education. Everyone has a right to the cultural opportunity to fulfill his or her unique capacities and talents. The schools should foster satisfying and productive living. They should be open at all levels to any and all; the achievement of excellence should be encouraged. Innovative and experimental forms of education are to be welcomed. The energy and idealism of the young deserve to be appreciated and channeled to constructive purposes.

We deplore racial, religious, ethnic, or class antagonisms. Although we believe in cultural diversity and encourage racial and ethnic pride, we eject separations which promote alienation and set people and groups against each other; we envision an integrated community where people have a maximum opportunity for free and voluntary association. We are critical of sexism or sexual chauvinism - male or female. We believe in equal rights for both men and women to fulfill their unique careers and potentialities as they see fit, free of invidious discrimination.
Teach me thy way, O LORD, and lead me in a plain path, because of mine enemies. Psalm 27:11
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