Employment and Anti-Discrimination Laws in the U.S.

The federal government has enacted various laws that protect employees from unfair treatment. Anti-discrimination laws prevent employers from using unfair employment practices based on protected characteristics.

These laws permit states and cities to enact their own laws that mirror federal laws. Some also provide additional protections.

The Equal Employment Opportunity Commission (EEOC) handles complaints from employees. There are EEOC offices all over the country that assist workers with discrimination claims. State employment agencies can also help workers who fall victim to discriminatory practices.

This article provides an overview of employment discrimination laws in the United States. To learn how these laws might apply to your situation, consider reaching out to a local discrimination attorney.

What Is a Protected Class?

Federal laws prohibit employers from discriminating against employees based on protected characteristics. These are generally things a person cannot change, such as:

• Race
• Color
• Religion
• Sex
• National origin
• Age
• Disability

These laws apply to government and private employers. The Supreme Court has also expanded the interpretation of laws like Title VII to include discrimination based on gender identity and sexual orientation.

However, the laws do not require companies to change essential job functions to accommodate employees. In some cases, employers can claim “bona fide occupational qualifications" (BFOQs) require them to hire certain people. For instance, religious schools may legally require instructors be members of their religion.

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act prohibits discrimination in hiring decisions based on disability. It also covers perceived disability. A “disability" is any mental or physical impairment that substantially limits one or more life activities.

Under the ADA, an employer must provide reasonable accommodations requested by the worker. An employer can claim the accommodation causes “undue hardship," but must show the accommodation:

• Would be too expensive based on the business's finances
• Would be too impractical given the business's resources and layout
• Is possible in other less costly ways

The law requires the employer and employee to work together to find the right accommodations. An employer may not change conditions of employment to bar disabled applicants from applying if it is not a condition of the job. For example, requiring workers to climb six flights of stairs when the office has no stairs.

The ADA applies only to employers with 15 or more employees.

Age Discrimination in Employment Act (ADEA)

The Age Discrimination in Employment Act of 1967 (ADEA) protects older workers against discrimination based upon their age. The Act protects workers over the age of 40 from adverse hiring, promotion, and firing decisions based on their age.

The ADEA does not prohibit an employer from following a seniority system that may favor certain employees. Employers may also use age as a BFOQ for safety concerns. For example, courts have found that age limits for pilots are not discriminatory.

The ADEA applies only to employers with 20 or more employees.

Equal Pay Act

The Equal Pay Act of 1963 requires that employers pay male and female employees the same wage for performing the same job. The Act mandates "equal pay for equal work." It does not address pay equities regarding other characteristics, such as race or religion.

The Lily Ledbetter Fair Pay Act (2009) amended the Equal Pay Act of 1963 by creating a “reset" on the 180-day rule to file an unfair payment claim. Under the Lily Ledbetter Act, each unfair paycheck resets the 180-day statute of limitations. This prevents employers from concealing wrongdoing while running out the clock.

Compliance with the Fair Labor Standards Act (FLSA) means complying with the Equal Pay Act.

Family and Medical Leave Act (FMLA)

The FMLA requires employers to provide qualifying employees with up to 12 weeks of unpaid leave each year, in addition to any paid leave provided. It is enforced by the U.S. Department of Labor.

Employees may use this leave for:

• The birth of a child, including bonding time for fathers with newborn children
• Adoption of a child or entry of a foster child into the home
• To care for a spouse, child, or family member with a “serious health condition"
• To care for the employee's own serious health condition

A "serious health condition" is any illness or any related medical condition requiring an overnight stay in a medical facility. Employees may take FMLA leave intermittently, concurrently or in place of paid leave or vacation time.

When returning from FMLA leave, the employee must return to the same or equivalent position as when they left.

The FMLA applies only to employers with 50 or more employees.

Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act requires employers to comply with federal and state minimum-wage requirements. Under the FLSA, both government and private employers must pay at least the federal minimum wage. If the state has a higher minimum wage, employers must pay that rate.

The FLSA contains provisions on overtime pay. Salaried and highly-compensated workers are exempt from FLSA overtime rules. Law enforcement and other public sector workers may have state laws affecting their overtime pay. These workers may receive “compensatory time" instead of overtime pay.

The FLSA regulates child labor in non-hazardous employment. Minors under 18 may not work in any hazardous occupation. Minors under 16 cannot work in most non-agricultural occupations. The FLSA allows minors under 16 to work in farm-related work with employment waivers.

Genetic Information Nondiscrimination Act

The Genetic Information Nondiscrimination Act (GINA) prevents employment or hiring decisions based on genetic factors. It also prevents sharing such knowledge with others, for instance, insurance carriers. GINA prohibits employers from requiring any kind of genetic testing,. But, it does not forbid offering such testing as part of a workplace wellness program.

Since Congress passed GINA in 2008, few cases have reached court. Employees should use care when sharing genetic conditions with co-workers or discussing genetic tests carried out through online agencies.

Title VII of the Civil Rights Act of 1964

Title VII prohibits employers from making employment decisions on the basis of:

• Race
• Color
• National origin
• Religion
• Gender

It applies to all stages of employment — from recruitment through termination.

Supreme Court cases and other laws have amended and updated Title VII, increasing the protections offered to other classifications. These include:

• Sexual orientation and gender identity
• Pregnancy
• Veteran status

Title VII also prohibits “disparate impact" discrimination. This means creating a work environment that seems neutral but has the effect of discriminating against one group while promoting another.

Title VII applies only to employers with 15 or more employees.

Get Professional Legal Help Filing Your EEOC Claim

Everyone deserves an equal opportunity at finding, keeping, and excelling at a job, regardless of their gender, race, or religious beliefs. If you believe your employer has treated you unfairly, you may have a valid discrimination claim. Get in touch with a local employment law attorney today.