Federal
Overview
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Harassment and discrimination based on a protected characteristic are prohibited under both federal and state law. The federal government and most state governments have agencies that help employers and employees understand these legal requirements and ensure compliance with the laws.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited under federal law:
race
color
national origin
sex (including pregnancy, sexual orientation and gender identity)
gender expression
disability
genetic information (including family medical history)
religion
- age (40 and older)
Important Notes
In addition to the general protected characteristics listed above, some federal, state, and/or local laws also prohibit employment discrimination on the basis of other protected statuses in certain contexts, such as:
citizenship status or work authorization status,
emergency volunteer status,
family relationship with a co-worker, and/or
status based on information contained in criminal, background, or credit reports, or being subject to wage garnishments.
Likewise, some federal, state, and/or local laws prohibit discrimination, harassment, and/or retaliation for exercising certain legal rights such as:
participating in collective bargaining or union activities,
serving as a whistleblower pursuant to whistleblower laws,
filing a worker’s compensation or unemployment claim,
taking protected time off or protected leave,
engaging in certain off-duty activities.
Finally, under federal law and some state and/or local laws, employers may not limit or prohibit employees from using any languages in the workplace unless there is a business necessity for the restriction.
Note also that some federal, state, and/or local laws provide additional, separate standards and remedies for certain prohibited conduct, such as laws addressing equal pay without regard to sex or other protected category or specifically addressing sexual harassment prevention measures.
Applicable Laws
The primary federal laws that prohibit employment discrimination include Title VII of the 1964 Civil Rights Act, The Age Discrimination in Employment Act, The Americans With Disabilities Act, The Equal Pay Act, The Uniformed Services and Employment and Reemployment Act, The Immigration and Nationality Act, and The Genetic Information Nondiscrimination Act.
The U.S. Supreme Court held that Title VII protects individuals from employment discrimination on the basis of sexual orientation and gender identity or expression. Bostock v. Clayton County, Georgia, No. 17-1618 (U.S. June 15, 2020).
Equal Employment Opportunity Commission
An employment discrimination or harassment claim may be filed with the EEOC. Administrative complaint filing requirements and deadlines may differ depending on the law claimed to have been violated. In certain cases, if a complaint is not timely filed, the discrimination claim may be barred.
Employers may not retaliate against an employee who files a complaint or is involved in any complaint process.
Employees who have been subjected to unlawful discrimination, harassment, or retaliation may be awarded various remedies under federal law, including back pay and lost benefits, injunctive relief, attorney’s fees, expert witness fees, court costs, or compensatory, punitive, or liquidated damages.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.