Under U.S. federal law, it is illegal to intentionally discriminate against an employee on the basis of race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 years or older), disability, or genetic information. It is also illegal to harass or retaliate against an employee for complaining about discrimination, filing a report of discrimination, or participating in an investigation or prosecution of discrimination in the workplace. Most employers with at least 15 employees are covered by this federal law, as are most trade unions and employment agencies. The Fair Housing Act prohibits discrimination in the following areas: This law makes it illegal to discriminate against employees or applicants on the basis of genetic information. Genetic information includes information about an individual`s genetic testing and the genetic testing of a person`s family members, as well as information about the diseases, disorders or condition of an individual`s family members (i.e., an individual`s family history). The Act also prohibits retaliation against a person for complaining of discrimination, instituting a lawsuit for discrimination, or participating in an investigation or prosecution of discrimination in the workplace. Anti-discrimination laws are based on the principles of equality, in particular that individuals should not be treated differently on the basis of the above-mentioned characteristics. [4] [5] At the same time, they have often been criticized as violating the inherent right to freedom of association. For example, the U.S. Court of Appeals for the Seventh and Second Districts, and then the U.S. Supreme Court in Bostock v.
Clayton County, Georgia, ruled that discrimination on the basis of sexual orientation violated Title VII of the Civil Rights Act. [26] [27] [28] In addition to federal legislation, there are many state and local laws dealing with discrimination that are not covered by these laws. [29] The law prohibits an employer from making an employment decision based on a person`s race, color, religion, sex (including gender identity, sexual orientation and pregnancy), national origin, age (40 years or older), disability, or genetic information. This means that an employer must not discriminate when it comes to things like hiring, firing, promotions, and compensation. It also means that an employer must not discriminate, for example, by granting breaks, approving leave, assigning jobs or setting other terms and conditions of employment, however small. Many of the current state laws are similar to federal civil rights laws, but may provide additional protection against employment discrimination. Almost all states have adopted employment discrimination laws, with protection against discrimination based on various factors such as race, sex, age, marital status, national origin, religion or disability. If a state does not explicitly state its employment protection against discrimination, the person reporting the discrimination will refer to the federal law regarding the type of discrimination in question. If you believe you have been the victim of unlawful age discrimination, you must contact an Equal Employment Opportunity Advisor as outlined above, or you can notify your intention to sue the Equal Employment Opportunity Commission within 180 calendar days of the alleged discrimination.
Title VII and Title II of the Civil Rights Act of 1964: Title VII prohibits discrimination against workers and plaintiffs on the basis of race, color, sex (including pregnancy, sexual orientation, and gender identity), national origin, and religion.