Equal Pay Discrimination

The federal Equal Pay Act requires any employer that is already subject to the Fair Labor Standards Act (the federal wage and hour law) to provide equal pay to men and women who perform "equal work," unless the difference in pay is caused by differences in seniority, merit or some other factor that is not based upon sex.

Age Discrimination

The Age Discrimination in Employment Act (ADEA) bars discrimination against employees or applicants who are over the age of forty, by any employer with twenty or more employees. An employee may often state a claim under the ADEA if he or she is fired or forced to retire, and is then replaced by a younger employee. Unlike in Title VII cases, however, many courts have held that the ADEA does not prohibit practices that have a "disparate impact" on older employees. Instead, the ADEA only bars deliberate discrimination against older workers.

Disability Discrimination

The Americans With Disabilities Act (ADA) and the Rehabilitation Act bar discrimination against those who are disabled. The ADA bars discrimination by private employers with more than fifteen employees, and the Rehabilitation Act applies to all government entities and federal contractors. Unlike other civil rights laws which protect easily-identifiable classes such as race or gender, in order to be protected by the ADA or the Rehabilitation Act, an employee or applicant must show that he or she is, in fact, disabled, has a history of being disabled, or was regarded by the employer as being disabled. Once the employee or applicant makes this showing, however, he or she is not only protected from discrimination, but is also entitled to "reasonable accommodation" for the disability if necessary. Reasonable accommodation may include a modified work schedule or work duties, unpaid time off, or special devices that will help the employee in the performance of his or her job duties.

National Origin Discrimination

The Immigration Reform and Control Act bars any employer with more than three employees from discriminating against a U.S. citizen, or an "intended citizen" (such as one who may work legally but is not yet a citizen) on the basis of his or her national origin. The law was enacted at the same time that the government strengthened its penalties against employers who hire illegal aliens, and was intended to prevent employers from overreacting to the new laws by refusing to hire anyone who appears foreign.