Anti-discrimination Laws

There are numerous anti-discrimination laws that apply in the employment law context.  This section will briefly describe each of them. Do not mistake my brevity for lack of importance. These laws are some of the most important laws in our country. I believe all workers in this country deserve to be free from discrimination whether they are employees or not. However, as written, the laws apply only to employees and not to independent contractors.

Title VII – The Civil Rights Act of 1964

You likely have heard of Title VII. It is our main anti-discrimination statute, and it makes it unlawful to discriminate against someone on the basis of race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity), or religion. The Act also makes it unlawful to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Discrimination is prohibited regardless of whether it is intentional. If it has the effect of discriminating then it violates Title VII.

The following lists are from the Dept. of Justice website on Laws Enforced by the Employment Litigation Section:

Under Title VII, it is unlawful to discriminate in any aspect of employment, including:

• Hiring and firing;
• Compensation, assignment, or classification of employees;
• Transfer, promotion, layoff, or recall;
• Job advertisements and recruitment;
• Testing;
• Use of company facilities;
• Training and apprenticeship programs;
• Retirement plans, leave and benefits; or
• Other terms and conditions of employment.

Discriminatory practices under Title VII also include:

• Harassment on the basis of race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity) or religion;
• Refusal or failure to reasonably accommodate an individual’s sincerely held religious observances or practices, unless doing so would impose an undue hardship on the operation of the employer’s business;
• Employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity), or religion;
• Denial of employment opportunities to an individual because of marriage to, or association with, an individual of a particular race, color, national origin, sex (including sexual orientation and gender identity) or religion; and
• Other employment decisions based on race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity), or religion.

Complaints under Title VII are filed with the Equal Employment Opportunity Commission (EEOC) and enforced by the EEOC when it comes to businesses. The Department of Justice handles actions against state and local government employers upon referral by the EEOC.

Businesses that have 15 or more employees are subject to Title VII. 💡How do you advise your client who has 10 employees?

Others

There are many other anti-discrimination protections for employees. Age Discrimination in Employment Act (ADEA), Equal Pay Act (EPA), Americans with Disabilities Act (titles I and V)(ADA), and Genetic Information Nondiscrimination Act (GINA). Also, the Pregnancy Discrimination Act amended Title VII to make it illegal to discriminate against a woman because of “pregnancy, childbirth, or a medical condition related to pregnancy and childbirth.”

All of these laws are enforced by the EEOC.

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) provides protections for servicemembers against discrimination in hiring, promotion, and retention on the basis of past, present, and future membership in the service or due to military obligations. The DoL’s Veterans Employment and Training Service enforces this law.

As we represent smaller businesses, it is important to be able to advise clients as to their obligations under the law. When doing so, it is a good opportunity to explain policies, and how discriminating is likely going to violate common law in some form. It is not a “good look” to discriminate and social media will reinforce that.

ADEA is for employers with 20+ employees.

GINA, PDA, and ADA anti-discrimination rules are for employers with 15+ employees.

EPA applies to employers with 2+ employees. I highly recommend reading up on the EPA here and on the difference between a Title VII claim vs. an EPA claim here.

Remember, states and cities have their own sets of laws as well.