Non-discrimination: Overview, definition and example
What is non-discrimination?
Non-discrimination refers to the principle or contractual provision that prohibits unfair treatment or bias against individuals or groups based on protected characteristics such as race, gender, religion, age, disability, or national origin. In contracts, non-discrimination clauses ensure compliance with applicable laws and promote fairness and equality in the workplace or business relationships.
For example, a supplier agreement might include a non-discrimination clause stating that the supplier must comply with all anti-discrimination laws in its employment practices.
Why is non-discrimination important?
Non-discrimination is important because it promotes equity, fairness, and inclusivity while ensuring compliance with local, state, or federal laws. Including non-discrimination clauses in contracts helps protect parties from legal and reputational risks and fosters trust and integrity in professional relationships.
For employers, non-discrimination provisions signal a commitment to equal opportunity and help create a positive and inclusive workplace culture. For business partners, such provisions ensure adherence to shared ethical standards.
Understanding non-discrimination through an example
A service agreement between a corporation and an IT provider includes a non-discrimination clause requiring the IT provider to ensure equal treatment in its hiring practices. The clause specifies compliance with applicable anti-discrimination laws, such as the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act. This ensures that the provider operates fairly and in accordance with legal requirements.
An example of a non-discrimination clause
Here’s how a non-discrimination clause might appear in a contract:
“The Parties agree to comply with all applicable laws and regulations prohibiting discrimination on the basis of race, color, religion, gender, national origin, age, disability, sexual orientation, or any other protected characteristic. Each Party further agrees to promote diversity, equity, and inclusion in all aspects of their operations.”
Conclusion
Non-discrimination provisions are essential for fostering fairness, inclusivity, and legal compliance in contractual relationships. By explicitly prohibiting discriminatory practices, these clauses protect the rights of individuals and ensure that all parties adhere to ethical and legal standards. A well-drafted non-discrimination clause reflects a commitment to equality and fairness, benefiting both the parties and the communities they serve.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.