What Is Workplace Discrimination Under U.S. Law? A Complete Guide
Learn what workplace discrimination means under U.S. law, which protected characteristics are covered, common examples, federal laws, employee rights, and what to do if you experience discrimination at work.
EMPLOYEE RIGHTS
9/10/20265 min read
What Is Workplace Discrimination Under U.S. Law?
Workplace discrimination occurs when an employer treats an employee or job applicant unfairly because of a legally protected characteristic. U.S. employment laws prohibit discrimination in many areas of the workplace, including hiring, firing, pay, promotions, assignments, training, benefits, and other employment decisions.
Federal discrimination laws are primarily enforced by the U.S. Equal Employment Opportunity Commission (EEOC), although state and local laws may provide additional protections.
Understanding what qualifies as workplace discrimination can help employees recognize unlawful treatment and understand their legal rights.
Which Characteristics Are Protected Under U.S. Federal Law?
Several federal laws prohibit employment discrimination based on specific protected characteristics.
Depending on the law involved, protections can include:
Race
Color
Religion
Sex
Sexual orientation
Gender identity
Pregnancy and related conditions
National origin
Age for workers who are 40 or older
Disability
Genetic information
Some federal protections apply to specific circumstances or employers. In addition, state and local laws may protect characteristics that are not covered by federal law.
Major Federal Laws Against Workplace Discrimination
Title VII of the Civil Rights Act of 1964
Title VII is one of the most important federal workplace discrimination laws. It generally prohibits covered employers from discriminating because of race, color, religion, sex, or national origin.
The law also protects employees from discrimination based on sexual orientation and gender identity.
Age Discrimination in Employment Act
The Age Discrimination in Employment Act (ADEA) protects workers who are 40 or older from discrimination because of age.
Age discrimination can affect hiring, layoffs, promotions, compensation, job assignments, and other employment decisions.
Americans with Disabilities Act
The Americans with Disabilities Act (ADA) generally prohibits covered employers from discriminating against qualified individuals with disabilities.
The ADA can also require reasonable accommodations for qualified employees and applicants with disabilities, unless providing the accommodation would create an undue hardship for the employer.
Pregnancy Discrimination Act and Pregnant Workers Fairness Act
Federal law provides protections related to pregnancy and pregnancy-related conditions.
The Pregnancy Discrimination Act amended Title VII, while the Pregnant Workers Fairness Act (PWFA) requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions in qualifying circumstances.
Genetic Information Nondiscrimination Act
The Genetic Information Nondiscrimination Act (GINA) generally prohibits covered employers from discriminating against employees or applicants based on genetic information.
Common Examples of Workplace Discrimination
Workplace discrimination can take many forms. It is not limited to an employer explicitly saying that someone is being treated differently because of their race, sex, age, religion, or another protected characteristic.
Examples may include:
Rejecting a qualified applicant because of their religion
Paying employees differently because of sex when the difference is unlawful
Refusing to promote someone because of their race
Firing an employee because of their national origin
Making employment decisions based on pregnancy
Refusing a reasonable disability accommodation when legally required
Harassing an employee because of a protected characteristic
Making hiring decisions based on age
Treating an employee unfavorably because of their gender identity or sexual orientation
However, not every unfair workplace decision is illegal discrimination. Generally, there must be a connection between the adverse treatment and a protected characteristic or another legally protected activity.
What Is Discriminatory Harassment?
Harassment can constitute unlawful discrimination when it is based on a protected characteristic and is sufficiently serious or pervasive under applicable law.
Examples can include repeated offensive comments, slurs, threats, or other conduct targeting an employee because of race, religion, sex, national origin, disability, or another protected characteristic.
A single offensive comment does not necessarily violate federal law. The legal analysis depends on the circumstances, including the nature, frequency, severity, and context of the conduct.
Workplace Retaliation Is Also Illegal
Employees have legal protection against retaliation for engaging in certain protected activities.
For example, an employer generally cannot retaliate against an employee for:
Reporting suspected discrimination
Participating in a discrimination investigation
Filing or assisting with an employment discrimination charge
Opposing conduct they reasonably believe violates applicable discrimination laws
Retaliation is a separate legal issue from the underlying discrimination claim. An employee may potentially have a retaliation claim even when the original discrimination allegation is not ultimately proven.
Does Workplace Discrimination Have to Be Intentional?
Not necessarily.
Some discrimination claims involve intentional disparate treatment, where an employee is treated differently because of a protected characteristic.
Other legal theories can involve policies or practices that disproportionately affect a protected group. The requirements for these claims vary depending on the applicable law.
Because discrimination law is highly fact-specific, an apparently neutral workplace policy can sometimes raise legal concerns depending on how it operates and which law applies.
Who Is Covered by Federal Workplace Discrimination Laws?
Coverage depends on the particular federal law and the employer involved. Some federal employment discrimination statutes apply only to employers meeting specific employee-number thresholds or other requirements.
Employees, job applicants, and certain other workers may have different rights depending on their employment relationship and the law involved.
State and local laws can also provide broader protections than federal law.
What Should You Do If You Believe You Are Being Discriminated Against?
If you believe you have experienced workplace discrimination, consider taking the following steps:
1. Document What Happened
Keep records of relevant events, including dates, communications, witnesses, employment decisions, and comments that may be important.
2. Preserve Relevant Evidence
Save appropriate emails, messages, notices, performance reviews, policies, and other documents that may help establish what happened.
Be careful not to take confidential company information that you are not legally entitled to possess.
3. Review Company Policies
Your employer may have an internal process for reporting discrimination or harassment.
4. Consider Reporting the Conduct
Depending on the circumstances, you may report the issue through your employer's designated process or seek advice from an employment attorney.
5. Understand Applicable Deadlines
Federal discrimination claims can have strict deadlines for filing a charge with the EEOC. The deadline can vary depending on the type of claim and the jurisdiction.
Waiting too long can potentially affect your ability to pursue a claim.
What Is the EEOC?
The Equal Employment Opportunity Commission (EEOC) is the federal agency responsible for enforcing several federal laws prohibiting employment discrimination.
The EEOC investigates discrimination charges, provides information to workers and employers, and may take enforcement action in appropriate cases.
Employees considering an EEOC charge should check the applicable filing deadline and requirements because deadlines can differ depending on the circumstances.
Is Every Unfair Workplace Action Discrimination?
No.
A workplace can be unfair, unpleasant, or poorly managed without necessarily violating federal discrimination law.
For example, an employer may legally make a difficult management decision, discipline an employee for legitimate reasons, or select one qualified candidate over another, provided the decision does not violate applicable employment laws.
The key question is often why the employer took the action and whether the reason is prohibited by law.
Frequently Asked Questions
What is workplace discrimination?
Workplace discrimination generally refers to unlawful employment treatment based on a protected characteristic, such as race, religion, sex, national origin, age, or disability, when prohibited by applicable law.
Can an employer fire someone because of their race?
No. Federal law generally prohibits covered employers from firing employees because of race.
Is discrimination based on sexual orientation illegal in the workplace?
Yes. Federal employment discrimination law prohibits covered employers from discriminating because of sexual orientation or gender identity.
Can discrimination happen during hiring?
Yes. Employment discrimination laws can apply to hiring, recruitment, interviews, job advertisements, and other employment practices.
What is the difference between discrimination and harassment?
Discrimination generally concerns unlawful unequal treatment or employment decisions, while harassment involves prohibited conduct that can create a hostile or abusive work environment. Harassment can itself constitute unlawful discrimination when it is based on a protected characteristic and meets the applicable legal standard.
What should I do if I think I am being discriminated against?
Document relevant events, preserve appropriate evidence, review your employer's policies, and consider contacting the EEOC or an employment attorney to understand your options and applicable deadlines.