Employees have many basic protections afforded to them the virtue of federal, state, and local laws. One of these protections to employees against unlawful discrimination in the United States comes from the U.S. employment discrimination laws and regulations at the federal and state level.
Overview of Employment Discrimination Laws in the U.S.
Generally speaking, under federal and state laws, it is illegal under U.S. employment discrimination laws for most employers engage in, or allow superiors to engage in, discriminatory actions against an employee or potential employee because of that employee or potential employee having a protected characteristic or belonging to a protected class that results in a detrimental impact to the employment relationship.
While protected class and characteristic is defined in federal and state laws, generally they include the following;
- Sex or Gender
- Family background or status, including pregnancy
- Genetic makeup
- Country of origin or genetic heritage
- Military history
Additionally, discriminating on the basis of the following may also violate employment laws on a federal and/or state basis;
- Sexual orientation
- Background or credit history report results
- Citizenship status
- Prior or current bankruptcy proceedings
- Gender identity
- Political affiliation
- Socioeconomic status
When an employer takes an adverse action to the detriment of the employee in the employee-employer relationship on the basis of a factor that is protected against discrimination under U.S. federal or state law, then there is a possibility for a legal claim against such employer.
This is a non-exhaustive list of factors for which when an employer takes out an adverse action because of the employee’s protected characteristic. However, there a few things that are important for U.S. employment discrimination lawsuits.
What is an Adverse Action for purposes of U.S. Employment Discrimination Law?
The Action Was Against a Person in a Protected Group
First, the action must have been taken because that employee had a characteristic that is protected against U.S. employment laws on discrimination.
The Action Had a Negative Impact on the Employment Terms
Second, it must have an adverse impact on the employment relationship.
This may include some of the following examples;
- Difference in pay, including a difference in salary, hourly wages, raises, and bonuses or other compensations
- Increased or decreased hours without a legitimate reason and that hinder the employment arrangement
- Demotions or lack of promotion when otherwise fit if based on the employee’s protected class or characteristic
There must both exist a negative impact on the employment of the employee being discriminated against and the action that caused such impact must have been taken because of the employee having a protected characteristic or belonging to a protected class under federal or state employment law.
Federal Law on U.S. Employment Discrimination
In addition to state law, which may offer more protection in some instances, the following are some U.S. federal employment discrimination laws;
- Americans with Disabilities Act of 1990 (ADA), which provides reasonable accommodations and protections to employees with disabilities Age Discrimination in Employment Act (ADEA), prohibiting employers from discrimination on the basis of an employee’s age
- Rehabilitation Act of 1973, that prohibits in Sections 501 and 503 discrimination by federal employers against qualified employees with a disability when reasonable accommodation may be provided
- Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits U.S. employment discrimination based upon grounds of the genetic background of the employee, former employer, or current employer
- Title VII of the Civil Rights Act of 1964, which established the Equal Employment Opportunities (EEOC) and prohibits discrimination by employers with 15 or more employees, against current or potential employees on the basis of that employee’s race, gender, religion, or national origin
- The Equal Pay Act, which protects different pay among employees that are performing essential equivalent duties as one another on the basis of sex
- The Civil Rights Act of 1991, which affords protections such as monetary damages for a finding of intentional unlawful employment discrimination
These are all federal laws. Currently, these federal employment discrimination laws are overseen and enforced by the EEOC. The EEOC also provides other protections against employment discrimination by virtue of its oversight and its regulations.
U.S. Employment Discrimination Federal Law Enforced by OPM
Additionally, the Office of Personnel Management (OPM) enforces another U.S. employment discrimination federal law; the Civil Service Reform Act of 1978 (CSRA). It protects employees or potential employees for federal government employers from discrimination based on sex, gender, age, race, country of origin, disability, or religion.
CSRA also has provisions that protect current employees from discrimination by personnel of federal government employers on the basis of the employee’s political affiliation or marital status.
State Employment Discrimination Laws
In addition to the laws afforded by federal employment discrimination laws, most states also have laws prohibiting discrimination in the workplace and in the hiring process. These may overlap with what the federal U.S. discrimination laws prohibit, but can sometimes provide additional protection for other classes or groups where federal law does not. Additionally, they may provide for additional legal monetary compensation.
Do You Need Help with a Possible U.S. Employment Discrimination Lawsuit?
If you are unsure about whether you have a claim against an employer, former or current, based on a potential violation of U.S. employment discrimination laws, then you should consider contacting an experienced employment discrimination lawyer to consult with on the specifics of your situation.
Contact Us At Swartz Legal to Discuss Your U.S. Employment Discrimination Claim
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