Understanding Federal Workplace Discrimination Laws
A comprehensive guide to the federal laws that protect employees from workplace discrimination, including Title VII, ADA, ADEA, and more.
Overview of Federal Anti-Discrimination Law
Federal law prohibits employers from discriminating against employees and job applicants based on certain protected characteristics. These protections apply to hiring, firing, promotions, pay, job assignments, training, benefits, and virtually every other aspect of employment. The primary federal statutes include Title VII, the ADA, the ADEA, the EPA, and GINA.
Title VII of the Civil Rights Act
Title VII is the cornerstone of federal employment discrimination law. It prohibits employers with 15 or more employees from discriminating based on race, color, religion, sex, and national origin. The Supreme Court's 2020 decision in Bostock v. Clayton County confirmed that sex discrimination under Title VII also encompasses discrimination based on sexual orientation and gender identity.
The Americans with Disabilities Act (ADA)
The ADA prohibits discrimination against qualified individuals with disabilities in all aspects of employment. Employers must provide reasonable accommodations to employees with disabilities unless doing so would cause undue hardship. Common accommodations include modified work schedules, assistive technology, job restructuring, and physical workspace modifications.
The Age Discrimination in Employment Act (ADEA)
The ADEA protects employees and applicants who are 40 years of age or older from discrimination based on age. It applies to employers with 20 or more employees. Under the ADEA, it is illegal to use age as a factor in hiring, firing, pay, job assignments, promotions, layoffs, training, and benefits.
The Equal Pay Act and Pregnancy Discrimination Act
The Equal Pay Act requires employers to pay men and women equally for performing substantially equal work. The Pregnancy Discrimination Act clarifies that discrimination based on pregnancy, childbirth, or related medical conditions is a form of sex discrimination.
What Counts as Discrimination?
Disparate treatment occurs when an employer intentionally treats an employee differently because of a protected characteristic. Disparate impact occurs when a seemingly neutral policy disproportionately affects a protected group. Harassment becomes unlawful when it is severe or pervasive enough to create a hostile work environment. Retaliation occurs when an employer punishes an employee for exercising their anti-discrimination rights.
How to Document Discrimination
Keep a detailed journal of incidents including dates, times, locations, what was said or done, and who witnessed it. Save relevant emails, texts, and performance evaluations. Report discrimination in writing and keep copies. This evidence will be essential if you decide to file a charge or lawsuit.
Filing a Discrimination Claim
Before filing a federal lawsuit, you generally must first file a charge with the EEOC. Time limits are strict: you typically have 180 days (or 300 days in states with their own agencies) from the discriminatory act to file. An employment attorney can help you navigate this process.
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This guide is for informational purposes. For advice specific to your situation, get a free consultation with an experienced employment attorney.
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