Also known as: facial discrimination · facially discriminate · facially discriminates · facially discriminated
Written by attorneys · grounded in primary & secondary sources — see below
A statute, regulation, or policy that on its face draws an explicit distinction between groups based on a prohibited characteristic or criterion.
Floyd Franklin, an out-of-state supplier, challenged State A's complete prohibition on importing live baitfish from other states. The statute applied only to out-of-state shipments and left local trappers unregulated. The court upheld the ban after finding it served a legitimate ecological interest with no adequate nondiscriminatory alternative.
Frank Fisher, a plant manager at Fairfield Bank, enforced a rule barring only fertile female employees from lead-exposure areas. Male employees faced no comparable restriction despite similar reproductive risks. The policy's text created an express sex-based classification that triggered strict scrutiny under Title VII.
Select any source to read its text and confirm it supports the definition.
Farid Farahani, a civil litigant, objected when the opposing party used peremptory challenges to remove all prospective jurors of one race. The strikes rested on the jurors' race alone and required no further justification under the governing rule. The court found the explicit racial criterion violated equal protection.
Fiona Foster's religious group sought to perform animal sacrifices required by its faith. A city ordinance banned the practice while permitting every other form of animal killing. The text singled out the group's religious conduct for prohibition, rendering the law facially discriminatory.
Finn Fletcher applied for state playground resurfacing funds on behalf of his church. The program awarded grants to all nonprofit applicants except those affiliated with religious entities. The eligibility rule expressly disqualified religious organizations on the basis of their religious status.
Farah Fox requested family leave under her state's policy after adopting a child. The statute granted twelve weeks of leave to biological mothers but only six weeks to fathers and adoptive parents. The text created an express sex-based distinction in the amount of protected leave.
A facially discriminatory measure contains explicit language that distinguishes between groups on a prohibited basis. A facially neutral measure uses criteria that appear evenhanded yet produce unequal effects on protected groups. Courts apply heightened scrutiny to the former and require proof of discriminatory purpose for the latter.
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Yes, when the law serves a legitimate non-economic local interest such as protecting ecological resources and no reasonable nondiscriminatory alternatives exist. The state must demonstrate both the importance of the interest and the absence of less restrictive options.
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No. A policy that expressly classifies employees by sex or pregnancy remains facially discriminatory regardless of the employer's asserted protective purpose. Title VII prohibits the facial distinction itself.
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Strict scrutiny applies because the law singles out religious conduct or status for unfavorable treatment. The government must show a compelling interest and narrow tailoring that cannot be achieved by neutral alternatives.
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…common to many by erecting a barrier against the movement of interstate trade. The appellees argue that not all laws which facially discriminate against out-of-state commerce are forbidden protectionist regulations. In particular, they point to quarantine laws, which this Court has repeatedly upheld even though they appear to single…