No person should be harassed, treated unfairly, or subjected to a hostile work environment because of their race, color, religion, gender (including gender identity, gender stereotypes, sexual orientation, and pregnancy), national origin, age, disability, or genetic information.
Under the following laws, it is illegal to discriminate against job applicants and employees for these protected characteristics:
- Title VII of the Civil Rights Act (Title VII) makes it illegal for an employer to discriminate against someone on the basis of race, color, religion, gender, or national origin.
- The Age Discrimination in Employment Act (ADEA) makes it illegal for an employer to discriminate against someone who is 40 years or older on the basis of age.
- The Americans with Disabilities Act (ADA) make it illegal for an employer to discriminate against someone on the basis of disability.
- The Pregnancy Discrimination Act (PDA) makes it illegal for an employer to discriminate against someone on the basis of pregnancy, childbirth, or related medical conditions.
- Title II of the Genetic Information Nondiscrimination Act (GINA) makes it illegal for an employer to discriminate on the basis of genetic information.
Likewise, it is also illegal to retaliate against someone because they complained about discrimination, filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), or participated in an employment discrimination investigation or lawsuit.
Continue reading for a brief overview of each protected category. Contact us to determine if you are protected.
Race or Color Discrimination:
Discrimination against job applicants and employees because of their race or color is prohibited. Your employer may not treat you unfavorably because of your race or skin color complexion. Race and color discrimination can also happen because you are married to or somehow associated with a person of a certain race or color.
This kind of discrimination can take place even when both the victim and the offender are of the same race or color.
Religious Discrimination:
Religious discrimination involves treating job applicants and employees unfavorably because of their religious beliefs and practices. You are protected whether you belong to a traditional, organized religion or not—as long as you can prove that you have sincerely held religious beliefs. Additionally, your employer may not treat you unfavorably because you are married to or somehow associated with a person of a certain religion.
Furthermore, your employer must reasonably accommodate your religious beliefs and practices, unless it would be a significant difficulty or expense for your employer. Your employer is required to make exceptions to their usual rules, such as allowing you scheduling changes or time off work for religious observances or permitting you to wear religious dress and adhere to your religious grooming practices.
Gender Discrimination:
Discrimination against job applicants and employees because of their gender, gender stereotyping, gender identity, sexual orientation, or pregnancy is illegal. For example, your employer may not treat you unfavorably, pay you less, or withhold job opportunities from you for any of those reasons.
Furthermore, the Pregnancy Discrimination Act (PDA) makes it illegal for your employer to discriminate against you on the basis of pregnancy (either a current, past, or potential/intended pregnancy), childbirth, or medical conditions related to pregnancy or childbirth. If you are temporarily unable to perform your job duties for any of those reasons, your employer must treat you in the same way it treats other temporarily disabled employees. Your employer may be required to provide you reasonable accommodations, such as light duty, alternative assignments, scheduling adjustments, or medical leave. Therefore, in some cases, you may also be protected under the Americans with Disabilities Act (ADA).
In addition to the PDA, pregnant employees may have rights under the Family and Medical Leave Act (FMLA). Likewise, nursing mothers may also have the right to express milk in a private space and be afforded additional breaks under the Fair Labor Standards Act (FLSA).
National Origin Discrimination:
National origin discrimination involves treating job applicants and employees unfavorably because they are from a particular country or region of the world, because they have an accent, or because they appear to be of a certain ethnicity (even if they are not).
Your employer is also prohibited from discriminating against you if you are married to or somehow associated with a person of a certain national origin or ethnicity. This kind of discrimination can take place even when both the victim and the offender are of the same national origin or ethnicity.
Age Discrimination:
Age discrimination involves treating job applicants and employees unfavorably because they are age 40 or older.
The Age Discrimination in Employment Act (ADEA) only protects employees who are age 40 or older from being treated differently from other employees who are younger, even if only by a few years. This kind of discrimination can take place even when both the victim and the offender are both over 40. While it is illegal to favor younger employees, it is not illegal to favor an older employee over a younger one.
Disability Discrimination:
The ADA protects job applicants and employees from discrimination or unfavorable treatment due to a disability, a history of a disability (such as a condition that is controlled or in remission), or a perceived disability (even if no disability actually exists). Most medical conditions would be covered as a disability under the ADA, but there are other requirements that must be met by both the employee and employer to qualify for protection under the law.
If you have a disability that is legally protected under the ADA, then your employer is required to provide you with reasonable accommodations based on your condition—unless it would be a significant difficulty or expense for your employer.
Furthermore, the ADA also protects you from discrimination based on your relationship with a person who has a disability, whether or not they are related to you.
Genetic Information Discrimination:
Under Title II of the Genetic Information Nondiscrimination Act (GINA), it is illegal to discriminate against job applicants and employees because of genetic information.
Genetic information includes information about your genetic testing and the genetic tests of your family members, as well as information about any disease or disorder in your family.
Your employer is prohibited from using your genetic information in making employment decisions, requesting genetic testing or requiring your genetic information, or asking about information related to your family’s medical history.
Take action.
If you believe that you are being discriminated against or harassed for any of these protected categories, there are steps you can take to protect yourself. But you do not have to do it alone. We are here for you.
Because your work matters.