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Discrimination
Discrimination means treating someone unfairly or differently because of a protected characteristic like race, sex, age, or disability, and proving it requires showing that the unfair treatment was based on that protected trait.
What it actually is
In a court case, discrimination is a legal claim that arises when a person suffers an adverse action (such as being fired, denied housing, or harassed) because of their membership in a protected group. It typically appears in employment, housing, education, or public accommodations cases, where the plaintiff must present evidence that the defendant acted with discriminatory intent or that a policy has a disproportionate negative impact on a protected class. The court then evaluates whether the defendant's stated reason is a pretext for discrimination.
Why it matters in your case
For someone facing a discrimination case, they need to know that the burden of proof shifts over the course of the case—first showing a basic case of discrimination, then the defendant must give a legitimate reason, and finally the plaintiff must prove that reason is false. This matters because the outcome often hinges on whether the plaintiff can provide enough evidence of discriminatory motive or disparate impact.
The common misunderstanding
A common misunderstanding is that any unfair treatment is discrimination; legally, it must be tied to a specific protected characteristic. Also, many people think discrimination requires explicit animus, but it can be proven through circumstantial evidence or patterns of unequal treatment.
Get the actual rule
Definitions are orientation; rules are authority
This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.
Related
Terms that travel with this one
General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.