Workplace discrimination remains a significant issue, despite numerous federal laws designed to protect employees from unfair treatment. Therefore, it’s crucial to understand the workplace discrimination laws that every employee should know.
This applies specifically to cases involving intentional employment discrimination based on marital status, national origin, and other protected characteristics.
Whether you’re a current employee, job applicant, or federal contractor, it’s essential to understand the anti-discrimination laws. These laws prohibit discrimination based on race, color, religion, sex, national origin, age, disability, genetic information, and more.
This guide covers the key employment discrimination laws enforced by the Equal Employment Opportunity Commission (EEOC) and other federal agencies, helping employees understand their rights and legal protections in the workplace.
Key Federal Laws That Prohibit Employment Discrimination
Several federal statutes establish workplace protections and prohibit discrimination against employees and applicants. These laws apply to most employers, including federal agencies, private businesses, labor organizations, and state and local governments.
1. Civil Rights Act of 1964 (Title VII)
The Civil Rights Act of 1964 is the cornerstone of employment discrimination laws. Under Title VII, employers cannot discriminate based on a person’s race, color, religion, sex, or national origin. This law applies to:
- Hiring, firing, promotions, and compensation
- Job training and assignments
- Employment agencies and labor organizations
- Workplace policies that have a discriminatory impact
Employers must also provide reasonable accommodations for employees’ religious beliefs unless it causes an undue hardship on the business.
2. Equal Pay Act of 1963 (EPA)
The Equal Pay Act requires that men and women who perform substantially equal work at the same establishment receive equal pay. Sex-based wage discrimination is illegal, meaning that job duties—not job titles—determine whether work is substantially equal.
If an employer treats workers differently based on gender when determining pay, benefits, or bonuses, employees may file a claim under the Equal Pay Act.
3. Age Discrimination in Employment Act (ADEA)
The ADEA protects workers 40 years and older from age discrimination in hiring, firing, promotions, and other employment decisions. This law applies to private employers with 20 or more employees, government entities, and labor organizations.
Older employees who face an adverse employment decision due to their age can file a complaint with the Equal Employment Opportunity Commission (EEOC) or sue in federal court.
4. Americans with Disabilities Act (ADA) and Rehabilitation Act
The Americans with Disabilities Act (ADA) protects employees with disabilities from job discrimination. Employers must provide reasonable accommodations unless it causes an undue hardship due to financial constraints or operational difficulties. So is your employer violating the ADA?
The Rehabilitation Act applies similar protections to federal employees and federal contractors, ensuring that employment discrimination based on disability or genetic information is unlawful.
5. Genetic Information Nondiscrimination Act (GINA)
GINA prohibits employers from using genetic information in hiring, firing, promotions, or job assignments. This includes family medical history and genetic testing results.
Employers cannot request, require, or use genetic information to make employment decisions unless a law mandates genetic testing for workplace safety.
6. Pregnancy Discrimination Act (PDA)
Under the PDA, employers cannot discriminate against an employee due to pregnancy, childbirth, or related medical conditions. Employers must treat pregnant employees the same as those with temporary disabilities, including providing job restructuring, modified work duties, or unpaid leave when necessary.
7. Family and Medical Leave Act (FMLA)
The FMLA provides job-protected leave for employees who need time off due to:
- A serious health condition
- The birth or adoption of a child
- Caring for an ill family member
Eligible employees can take up to 12 weeks of unpaid leave without fear of retaliation or job loss.
Workplace Harassment and Sexual Harassment Protections
1. Harassment Based on Protected Characteristics
Under federal laws, harassment is illegal when it:
- Creates a hostile work environment
- Results in an adverse employment decision (e.g., being fired, demoted, or passed over for promotion)
- Involves unwelcome conduct that a reasonable person would find offensive
Harassment can be based on race, national origin, age, disability, sexual orientation, or any other protected characteristic.
2. Sexual Harassment Laws
Sexual harassment includes:
- Unwelcome sexual advances
- Requests for sexual favors
- Verbal or physical conduct of a sexual nature that affects employment conditions
If an employee’s supervisor, co-worker, or another workplace authority engages in harassment, employers may be held responsible under EEOC regulations. Learn how to file an EEOC complaint for your rights.
Retaliation Protections Under Employment Discrimination Laws
Federal laws protect employees who report job discrimination from retaliation. This includes:
- Filing a complaint with the EEOC or a human resources management department
- Participating in workplace investigations
- Refusing to follow discriminatory policies
If an employer retaliates against an employee for exercising their rights under anti-discrimination laws, the victim may seek compensatory and punitive damages. This may require assistance from an employment lawyer and remains a viable option.
How Employment Discrimination Claims Are Handled
Employees who believe discrimination occurred can file a charge with the EEOC, which investigates and determines whether the case warrants legal action. Some cases may be referred to a federal court, where employees can sue for monetary damages, back pay, and reinstatement.
Other agencies involved in anti-discrimination enforcement include:
- Wage and Hour Division (WHD) – Enforces equal pay and wage laws
- Office of Federal Contract Compliance Programs (OFCCP) – Ensures federal contractors comply with non-discrimination laws
- Merit Systems Protection Board (MSPB) – Protects federal employees from prohibited personnel practices
State laws may also provide additional protections, often exceeding federal government standards.
What to Do If You Experience Workplace Discrimination
If you are facing job discrimination, take the following steps:
Document the Discrimination
Keep a record of adverse employment decisions, unwelcome conduct, or unfair policies.
Report the Incident
Notify your human resources management department.
File a Complaint with the EEOC
You have 180 days (or up to 300 days under state laws) to file a charge.
Consult an Attorney
If necessary, seek legal counsel to determine if you should file a lawsuit.
Federal laws protect employees from discrimination and harassment, ensuring that workplaces remain equitable and free from unlawful practices.
Final Thoughts
Understanding employment discrimination laws empowers workers to recognize and challenge unlawful treatment. Whether you are facing age discrimination, sexual harassment, or wage inequality, knowing your rights under federal statutes can help you take action.
Know Your Workplace Rights With BLG
If you believe your employer has violated anti-discrimination laws, consider speaking with a legal professional to discuss your options. Many employment attorneys at Bourassa Law Group offer a free consultation to help employees assess their case and determine the best course of action.
1-800-870-8910