Employment Discrimination

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.

Applicants, employees, and former employees have protection from employment discrimination under Title VII of the Civil Rights Act of 1964. You may be eligible to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) if you have experienced discrimination based on your:

• Gender/Sex
• Race/Color
• Religion
• Disability
• Pregnancy
• National origin
• Age, as a worker aged 40 or older
• Genetic Information, including family medical history

Although discrimination can be overt, workplace discrimination can also be subtle. Discrimination occurs when a member of a protected class receives unfair treatment. 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.

This section provides information on recognizing discrimination in the workplace and employment discrimination laws that serve to protect workers.

Overview

The federal government provides protection for most types of employment discrimination. Generally, employment discrimination occurs when an employee or job applicant is the victim of unfair employment practices because of their race, gender, nationality, religion, age, disability, pregnancy, marital status, and so on. 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. Discriminatory practices may occur in relation to employment decisions like hiring, firing, and so on.

Applicants, employees, and former employees have protection from employment discrimination under Title VII of the Civil Rights Act of 1964.

Learn more about the different types of discrimination you may be a victim of:

• Gender/Sex Discrimination:
  • This includes sex-based wage discrimination, prohibited under the Equal Pay Act of 1963
  • No discrimination permitted based on gender identity
• Age Discrimination Involving Older Workers:
  • The Age Discrimination in Employment Act of 1967 (“ADEA") and the Rehabilitation Act of 1973 protect against age discrimination
• Disability Discrimination:
  • The Americans with Disabilities Act of 1990 (“ADA") protects against disability discrimination
• Religious Discrimination
• Race Discrimination
• Sexual Harassment
• Sexual Orientation/LGBTQ+ Discrimination
• Pregnancy Discrimination:
  • The Pregnancy Discrimination Act protects against pregnancy discrimination
• National Origin Discrimination
• Genetic Information Discrimination:
  • The Genetic Information Nondiscrimination Act (GINA) protects against genetic information discrimination

You may also want to ensure that your employer is not in violation of the Family Medical Leave Act (FMLA). The FMLA allows eligible employees to take up to 12 weeks of unpaid leave. It also protects the employee's job during this period.

You Don't Have To Solve This on Your Own – Everyone Deserves Fair Employment. Get a Lawyer's Help

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 a lawyer can help you understand your options. Visit our attorney directory to find a lawyer dedicated to protecting your employee's rights.