Employment Law

Under federal law, it is illegal to discriminate against someone (applicant or employee) because of that person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Race Discrimination

Treating someone less favorably because that person is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features) is unlawful race discrimination. Color discrimination involves treating someone unfavorably because of skin color complexion. Race or color discrimination also can involve treating someone unfavorably because the person is married to (or associated with) a person of a certain race or color.

Sex Discrimination

Treating an applicant or an employee unfavorably because of that person's sex, including the person's sexual orientation, gender identity, or pregnancy, is unlawful sex discrimination. Discrimination against an individual because of gender identity, including transgender status, or because of sexual orientation is discrimination because of sex in violation of Title VII.  In Bostock v. Clayton County, 140 S.Ct. 1731 (2020), the Supreme Court held it is unlawful to discriminate against individuals because of their sexual orientation or transgender status. 

Religious Discrimination

Treating an applicant or employee unfavorably because of that person’s religious beliefs is religious discrimination. The law protects people who belong to traditional religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs. Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion. In addition, the law requires an employer to reasonably accommodate an employee's religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer's business. 

National Origin Discrimination

Treating applicants or employees unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not) is unlawful national origin discrimination.  National origin discrimination also can involve treating people unfavorably because they are married to (or associated with) a person of a certain national origin.

Age Discrimination

Treating an applicant or employee who is 40 or older less favorably because of that persons age, is age discrimination. The Age Discrimination in Employment Act (ADEA) does not protect workers under the age of 40. The ADEA prohibits age discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment.

Disability Discrimination

The Americans with Disabilities Act or the Rehabilitation Act prohibit employers from treating a qualified individual who is an employee or applicant unfavorably because he or she has a disability.  A person is protected under these laws if they are qualified for the job and (1) has a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning, or operation of a major bodily function), (2) has a history of a disability (such as cancer that is in remission), or (3) is subject to an adverse employment action and is believed by the employer to have a disability, (even if he or she does not have such an impairment).

Harassment

 Federal laws prohibit unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history).  Harassment becomes illegal when enduring the offensive conduct becomes a condition of continued employment, or when the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.