Employment FAQs

Overview

What employment discrimination is prohibited by law?

Generally speaking, employment discrimination falls into two categories: employment decisions based on an individual’s characteristics, and employment decisions based upon stereotypes.

Title VII of the Civil Rights Act prohibits employment discrimination because of race, color, religion, sex, and national origin (race and national origin make up the first category). The ADEA prohibits employment discrimination because of age (the second category). Several other federal laws prohibit employment discrimination because of disability, citizenship status, and retaliation. State laws prohibiting employment discrimination exist as well; some state prohibitions mirror those in Title VII whereas others prohibit additional types of employment discrimination. Under all circumstances, it is best to speak with a lawyer familiar with employment law if you feel that you have been discriminated against at work.

What employment decisions are based on stereotypes?

Many employment decisions are based on the employer’s belief as to what a person with certain personal characteristics can or cannot do. For example, an employer may believe that older employees cannot learn new technologies and therefore discriminate against older applicants. Employers often make assumptions about an individual’s capacity for performing job duties; these assumptions amount to employment discrimination if they negatively impact a protected class. Sometimes employers also treat people adversely because of their association with someone else who is in a protected class (for example, by discriminating against an employee because his wife is part of a protected class).

  What employment decisions are based upon personal characteristics?

Employment decisions based upon personal characteristics include hiring, firing, promotion, and compensation. Employers cannot treat employees differently because of a protected class (for example, an employer may not fire a woman because she is pregnant).

Discrimination based upon personal characteristics also includes employment decisions that are not always obvious. For example, it is unlawful to refuse to hire someone because he has blue eyes and you want to hire only people with brown eyes. Similarly, refusing to promote someone because she does not speak Spanish amounts to employment discrimination based on national origin.

Employment decisions must be motivated by business reasons and not simply be along racial lines; employment discrimination claims can be difficult to win if there was another valid reason for the employment action in question. However, employment discrimination cases have many legal remedies available even when no clear or immediate tangible harm resulted from employment discrimination.

What employment decisions based upon personal characteristics have been found unlawful?

Employers cannot discriminate against applicants or employees because of race, color, religion, sex (including pregnancy), national origin, age (40 and over), disability, citizenship status, or retaliation.

What employment decisions based upon stereotypes have been found unlawful?

Employers cannot discriminate against applicants or employees because of race, color, religion, sex (including pregnancy), national origin, age (40 and over), disability, citizenship status, or retaliation.

Employers also cannot discriminate against applicants because of the applicant’s association with people who are members of a protected class.