Employment Discrimination Law

Some types of discrimination, such as racial discrimination, are a protected class under federal law. Other types, like consumer discrimination, are not a protected class.

Protected Classes of Employees and Job Applicants

The federal government provides protection for most types of employment discrimination. Applicants, employees, and former employees have protection under laws like Title VII of the Civil Rights Act of 1964.

You have legal protections for employment based on your:

• Gender/sex
• Marital status
• Race or color
• Religion
• Disability
• Pregnancy
• National origin
• Age
• Genetic Information, including family medical history

An individual who possesses one of these characteristics, such as a paralyzed veteran, is part of a protected class. Discrimination can occur even if the employee is merely perceived to be a part of a protected class.

The purpose of federal anti-discrimination laws is to eliminate prejudice within the workplace. They serve as a shield against discrimination of protected classes. These laws aim to create an atmosphere where employees can thrive based on merit rather than irrelevant factors.

What Are Discriminatory Employment Practices?

Discriminatory employment decisions and policies often relate to the following:

• Hiring and job recruitment
• Firing, layoffs, and job recalls
• Refusal of promotions and growth opportunities
• Job assignments
• Workplace conditions and a hostile work environment
• Compensation and fringe benefits
• Neutral policies that disproportionately affect a group of workers
• Harassment

Employers must avoid making decisions about these matters on the basis of a protected class. Discrimination occurs when a member of a protected class receives unfair treatment. Although discrimination can be overt, workplace discrimination can also be subtle.

If an employee is repeatedly passed up for a promotion on the basis of race, they may want to file a claim for discrimination. This is why anti-discrimination laws exist.

Types of Job Discrimination

Learn more about the different types of discrimination with a few details below.

Gender/sex discrimination:

• The Equal Pay Act of 1963 prohibits sex-based wage discrimination.
• No discrimination based on gender identity is permitted.
• This category also relates to sexual harassment and sexual orientation/LGBTQ+ discrimination.

Age discrimination:

• The Age Discrimination in Employment Act of 1967 (“ADEA") and the Rehabilitation Act of 1973 protect against age discrimination.
• Most age discrimination laws protect workers above 40 years old, but some state laws cover workers who are younger

Disability discrimination:

• The Americans with Disabilities Act of 1990 (“ADA") protects against disability discrimination.
• Qualifying disabilities include medical conditions that substantially impact major life activities.
• Employees who have disabilities can ask for reasonable accommodations.

Religious discrimination

• Title VII protects religious affiliation, characteristics, practices, association, and more.
• Employees may have a right to religious accommodations for dress code exceptions, prayer breaks, and other work conditions.

Race discrimination

• Racial discrimination can include features like hair, skin tone, height, facial features, and more.

Pregnancy discrimination:

• The Pregnancy Discrimination Act protects against pregnancy discrimination.
• The Family Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave and protects their job during this period.

National origin discrimination

• National origin protections can include ethnicity, perceived ethnicity, country of origin, foreign accent, and more.
• Workers also have protection against discrimination on the basis of immigration status.

Genetic information discrimination:

• The Genetic Information Nondiscrimination Act (GINA) protects against genetic information discrimination.

State and Local Laws Also Protect Workers

Most states, counties, and cities also have employment discrimination laws. Many of these laws protect on top of the federal regulations. For example, the state may have a law that protects certain groups not covered by federal laws. State and local laws may also apply to smaller employers who don't qualify under the federal statutes. It may be possible to combine federal, state, and local laws.

How To Handle Discrimination at Work

Employees have a few possible options to get help with discrimination, such as:

• Speaking to the employer or human resources (HR) representative
• Contacting their union or labor organization
• Discussing legal options with an attorney
• Reporting discrimination to the government

Dealing with discrimination at work is a sensitive issue. Employees should understand their rights. Employers can’t seek revenge (retaliation) against someone for making a genuine complaint of discrimination.

You may file a discrimination complaint with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC is an avid defender of employees. Its purpose is to enforce federal laws against employment discrimination.

The EEOC complaint process begins when you file a Charge of Discrimination. You can also start gathering evidence to prove discrimination. The EEOC investigates discrimination complaints, facilitates mediation, and takes legal action. The EEOC process is usually necessary before filing a lawsuit in court.

Likewise, federal employees can file through the appropriate Equal Employment Office (EEO). The U.S. Department of Labor (DOL) oversees EEO monitoring and enforcement through two distinct agencies:

• Civil Rights Center
• Office of Federal Contract Compliance Programs

Your legal rights might expire unless you report the discrimination in time. Remember to check the time limits and talk to an attorney if you're unsure about the reporting and lawsuit process.

Legal Support for Concerns About Fair Employment

No one should have to suffer through discrimination as a condition of employment. This is especially true when there are a multitude of laws and federal agencies in place to punish discrimination. Meeting with an employment lawyer near you can help you understand your options.