Key Takeaways

  • Federal discrimination laws prohibit unfair treatment in employment, housing, voting, education, credit, and disaster relief based on protected characteristics.
  • Protected categories include race, color, religion, sex, national origin, age, disability, pregnancy, and genetic information.
  • Employers may not engage in discriminatory practices during hiring, pay, promotion, termination, or any term or condition of employment.
  • Retaliation against individuals for asserting their rights under discrimination laws is illegal.
  • State laws may expand protections beyond federal requirements.
  • Workers may file complaints with agencies like the EEOC or state civil rights departments.What Are Federal Discrimination Laws?

Federal discrimination laws are legislation that prohibit employers from discriminating against job applicants and employees based on characteristics, such as age, race, and religion.  Title VII of the Civil Rights Act of 1964 is an overarching law that serves as an example of a federal discrimination law. 

Title VII of the Civil Rights Act of 1964

This legislation prohibits employers from harassing or discriminating against job applicants or employees on the basis of a protected characteristic such as:

  • Age
  • Race
  • Sex
  • Sexual orientation
  • Religious beliefs
  • National origin and more

This legislation also prohibits any employer from retaliation against employees or job applicants who assert their rights under this act. This law applies to employers in the following categories:

  • The federal government
  • State governments, including their political agencies
  • Private employers with a minimum of 15 employees
  • Joint labor-management committees, labor organizations and other types of training programs
  • Employment agencies

Common Discriminatory Employment Practices

Discrimination laws not only prohibit intentional acts of bias but also address policies and practices that may appear neutral but have a discriminatory impact. Under federal law, the following employment practices may be unlawful if based on protected characteristics:

  • Recruitment and Hiring: Excluding candidates through discriminatory job postings or word-of-mouth recruiting that limits diversity.
  • Testing: Administering selection tests that disproportionately exclude individuals based on race, sex, or other protected traits without a valid business necessity.
  • Promotion and Training: Denying advancement or training opportunities in a way that disadvantages certain groups.
  • Compensation and Benefits: Providing unequal pay or benefits based on sex, race, or other protected status.
  • Discipline and Discharge: Applying workplace rules inconsistently based on protected traits or using seemingly neutral rules that disproportionately harm one group.
  • Harassment: Creating or allowing a hostile work environment based on protected characteristics, even without economic harm.

Employers are responsible for preventing discriminatory practices, whether overt or systemic.

Age Discrimination in Employment Act

Prohibits employers with at least 20 employees from discriminating against employees who are at least 40 years old because of their age.

Americans with Disabilities Act

Prohibits employers from discriminating against people in all employment-related matters solely because of:

  • Current disabilities
  • History of disability
  • Incorrectly perceived as suffering from a disability

Federal job applicants, employees, and independent contractors are exempt from this law.

Equal Pay Act

The Equal Pay Act requires employers to provide equal pay to men and women for equal work. However, employers are allowed to pay men and women different salaries even if they are doing the same work, if the discrepancy in pay is based on an incentive system, merit, seniority or any other factor that does not include gender.

Immigration Reform and Control Act of 1986

This act prohibits discrimination on the basis of national origin or citizenship, and knowingly employing individuals who are not authorized to work in the United States.

Citizenship and Language Discrimination

In addition to barring discrimination based on national origin, federal law prohibits unfair treatment based on citizenship status or language use, unless there is a legitimate business necessity. Employers may not:

  • Require specific documentation for employment verification based on perceived citizenship.
  • Refuse to hire lawful permanent residents or other legal non-citizens based on status alone.
  • Impose "English-only" policies unless needed for safe or efficient operations and applied fairly.

These protections are enforced by the U.S. Department of Justice’s Immigrant and Employee Rights Section (IER).

Civil Rights Act of 1866 (Section 1981)

Section 1981 of this act prohibits discrimination on the basis of race.

Genetic Information Nondiscrimination Act (GINA)

GINA prohibits employers from asking employees to provide their genetic information, and from making employment decisions based on an employee’s or job applicant’s genetic information. This legislation also requires employers to keep that information confidential.

There are exemptions for, among other things:

  • Informational purposes related to genetic monitoring
  • Information gained inadvertently
  • Information collected according to the requirements for FMLA certification

Medical Inquiries and Confidentiality

Employers must handle employee medical information with strict confidentiality. Under federal law:

  • Pre-employment medical exams are prohibited unless required for all entering employees in similar jobs.
  • Disability-related inquiries must be job-related and consistent with business necessity.
  • Employee health records must be kept separate from general personnel files.

These rules aim to prevent indirect discrimination through unauthorized access to sensitive health or genetic information.

Family Medical Leave Act (FMLA)

FMLA requires employers with 50 or more employees to provide them with 12 weeks of unpaid leave every year for the following reasons:

  • Adoption or birth of a child
  • To attend to an immediate family member’s serious health condition
  • To attend to a serious health condition of their own

After the 12 weeks of unpaid leave have been used, employers are required to reinstate the employee to their former position. If it is no longer available, the employee must be offered an equivalent one.

Discrimination Based on Caregiver Status

While not a specific protected category under federal law, the Equal Employment Opportunity Commission (EEOC) has warned against caregiver discrimination. Employers may not:

  • Refuse to hire or promote someone because of their caregiving responsibilities.
  • Stereotype workers as less committed due to family obligations.
  • Retaliate against employees who request or take leave to care for family members.

Though caregiver status isn't a standalone category, discriminatory practices tied to sex, gender, or association with individuals with disabilities can trigger legal violations.

Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) addresses minimum-wage requirements, overtime pay, and child labor.

Employee Retirement Income Security Act (ERISA)

ERISA contains detailed requirements for certain employers who offer their employees a retirement plan or welfare benefit plan, such as health insurance.

Consolidated Omnibus Reconciliation Act of 1985 (COBRA)

COBRA requires employers with 20 or more employees to offer them the right to a continuation of their group health insurance after their employment ends.

Pregnancy Discrimination Act of 1978

This law prohibits discrimination based on pregnancy, whether real or perceived. Protects women who are planning to become pregnant or are already pregnant from wrongful termination and discrimination in the hiring process.

Rehabilitation Act

The rehabilitation act protects federal job applicants and employees from discrimination based on disability.

The Equal Credit Opportunity Act

This act grants all credit applicants protection from discrimination by creditors on the basis of:

  • Age
  • Color
  • Race
  • Sex
  • Religion
  • Familial Status
  • National Origin
  • Whether the applicant is using public assistance

Fair Housing Act

The Fair Housing Act prohibits discrimination in the following areas:

  • Making statements or advertising that indicates preferences or limitations based on protected characteristics
  • Making housing unavailable
  • Refusal to negotiate for, sell, or rent housing
  • Providing different housing facilities or services
  • Setting different privileges, conditions, or terms, for the rental or sale of a dwelling
  • Falsely denying the availability of housing for rental, sale, or inspection
  • Denying anyone membership or access to a service or facility related to the rental or sale of housing
  • Blockbusting
  • Refusing to offer a mortgage loan
  • Imposing different conditions and/or terms for loans, including fees, points, or interest rates
  • Refusing to provide information about loan products
  • Refusing to purchase a loan
  • Discriminating in the appraisal of property

Voting Rights Act of 1965

The Voting Rights Act of 1965 was created to prevent and remedy racial discrimination in the voting process.

Section 2 prohibits voting practices which have the result or purpose of discriminating against members of a racial or minority language group.

Disaster Relief and Emergency Assistance Act

This requires that relief operations be impartial and equitable. It prohibits discrimination during an official disaster or emergency on the basis of:

  • Age
  • Sex
  • Color
  • Race
  • Religion
  • Economic Status
  • Nationality

State Discrimination Laws and Additional Protections

While federal discrimination laws provide a baseline, state laws often go further to protect individuals from unfair treatment. For example:

  • California’s Fair Employment and Housing Act (FEHA) includes broader definitions of protected characteristics such as sexual orientation, gender identity, marital status, and military status.
  • Many states protect against employment discrimination for political affiliation, off-duty conduct, or status as a domestic violence survivor.
  • State civil rights agencies, such as California’s Civil Rights Department (CRD), often provide more expansive complaint procedures and remedies.

It’s important to consult both federal and state regulations when evaluating a potential discrimination claim.

Frequently Asked Questions

1. What is the purpose of federal discrimination laws? To ensure individuals are treated fairly and equally in key areas like employment, housing, education, and public services, regardless of personal characteristics.

2. Can an employer require English-only rules in the workplace? Only if the rule is necessary for business operations and applied fairly. Blanket policies may violate discrimination laws.

3. Is caregiver status protected under federal law? Not directly, but actions based on stereotypes about caregivers may violate existing protections, such as sex or disability discrimination laws.

4. Who enforces federal discrimination laws? Agencies such as the EEOC, Department of Labor, and Department of Justice oversee compliance and investigate complaints.

5. What if state laws offer more protection than federal laws? Individuals may rely on state protections if they offer broader coverage. In such cases, state agencies typically handle complaints.

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