Discrimination based on race, color, religion, sex, age, disability or genetic information isn’t only unfair, it’s also illegal.
The United States federal government has implemented a series of anti-discrimination laws over the years to protect employees and job seekers from being unfairly treated in the workplace. Whether you’re an employee, job seeker or employer, it’s essential to understand these laws and know your rights.
Below we provide an overview of federal anti-discrimination laws, including those that address discrimination based on age, genetic information, disability, pregnancy and more. Understanding how each law protects you in the workplace may help you understand your rights if you ever feel you’re being discriminated against at work.
Equal employment opportunity laws
Equal employment opportunity (EEO) laws are a group of federal and state regulations designed to safeguard employees from workplace discrimination and to protect job applicants during the hiring process. These laws forbid discrimination against job applicants or employees in all aspects of employment (including promotions, training and other personnel actions) based on their protected category.
The following sections describe several EEO laws, which are enforced by the U.S. Equal Employment Opportunity Commission (EEOC).
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 is a federal law that prevents discrimination in employment based on an individual’s membership in a protected category, such as race, color, religion, sex or national origin. It prohibits discrimination in all aspects of employment, such as hiring, termination, promotions, compensation and training.
The law applies to most employers with 15 or more employees, including federal, state and local governments.
Equal Pay Act
The Equal Pay Act is a federal U.S. law that requires employers to provide equal pay to employees who perform equal work, regardless of their gender. Under the act, employers can’t pay employees less than employees of the opposite sex for performing substantially similar work, unless the difference in pay is based on factors such as seniority, merit, quantity or quality of work, or other non-discriminatory reasons.
The law applies to all employers who are covered by the Fair Labor Standards Act (FLSA), which includes most employers who engage in interstate commerce or produce goods for interstate commerce.
Age Discrimination in Employment Act
The Age Discrimination in Employment Act (ADEA) is a federal U.S. law that prohibits employment discrimination against individuals who are 40 years of age or older. Under this law, employers can’t discriminate against older workers in any aspect of employment, including hiring, firing, promotions and compensation. The law also prohibits retaliation against individuals who oppose discriminatory practices or file a complaint under the ADEA.
The law applies to employers with 20 or more employees, including federal, state and local governments.
Genetic Information Nondiscrimination Act
The Genetic Information Nondiscrimination Act (GINA) is a federal law in the United States that prohibits employment discrimination based on an individual’s genetic information. The law prohibits employers from using an individual’s genetic information to make decisions about hiring, firing, promotions or other employment-related decisions. It also prohibits retaliation against individuals who oppose discriminatory practices or file a complaint under GINA.
GINA applies to employers with 15 or more employees, including federal, state and local governments.
Americans with Disabilities Act
The Americans with Disabilities Act (ADA) is a federal U.S. law that prohibits discrimination against individuals with disabilities in employment, public accommodations, transportation, telecommunications and other areas of public life.
The ADA requires employers to provide reasonable accommodations to employees with disabilities and prohibits discrimination in all aspects of employment, including hiring, firing, promotions and compensation. It also mandates accessibility for individuals with disabilities in public spaces and transportation, as well as access to telecommunication services.
The law applies to employers with 15 or more employees, including federal, state and local governments.
Rehabilitation Act
The Rehabilitation Act is a federal law in the United States that prohibits discrimination against individuals with disabilities in programs and activities conducted by federal agencies, as well as those that receive federal financial assistance. The law covers a wide range of programs, including education, employment, healthcare and social services.
Under the Rehabilitation Act, federal agencies and recipients of federal funds are required to provide reasonable accommodations to individuals with disabilities and to make their programs and services accessible to individuals with disabilities. The law also requires federal contractors to take affirmative action to employ and advance individuals with disabilities.
Pregnancy Discrimination Act
The Pregnancy Discrimination Act (PDA) is a federal law enacted in the United States in 1978 that prohibits discrimination based on pregnancy, childbirth or related medical conditions in employment. The law amended Title VII of the Civil Rights Act of 1964 to explicitly include pregnancy as a protected characteristic.
Under the PDA, employers are required to treat pregnant employees the same as they would any other employee who’s temporarily unable to work due to a medical condition. Employers are also required to provide reasonable accommodations to pregnant employees—such as modified work schedules or light duty assignments—if those accommodations would allow the employee to continue working.
Furthermore, the PDA prohibits employers from discriminating against job applicants based on their pregnancy status, and it prohibits retaliation against employees who exercise their rights under the law.
The PDA applies to employers with 15 or more employees.
The Civil Rights Act of 1991
The Civil Rights Act of 1991 is a federal law that amended several provisions of the Civil Rights Act of 1964 in order to strengthen protections against workplace discrimination. The law addressed several issues related to workplace discrimination and provided additional remedies for employees who’ve experienced discrimination.
One of the most significant parts of the Civil Rights Act of 1991 is the provision that allows plaintiffs in discrimination cases to recover compensatory and punitive damages. Prior to the passage of this law, plaintiffs could only recover back pay and injunctive relief. This provision increased the potential financial consequences for employers who engage in intentional discrimination.
The law also established the right to a trial by jury (rather than just a judge) in cases of intentional discrimination under Title VII of the Civil Rights Act of 1964.
Additionally, the Civil Rights Act of 1991 established a Glass Ceiling Commission, which was charged with studying and making recommendations to address barriers to the advancement of women and minorities in the workplace. The commission identified issues such as pay disparities, lack of access to training and development opportunities, and gender and racial bias in promotion decisions.
Overall, the Civil Rights Act of 1991 strengthened existing protections against workplace discrimination and provided additional tools for employees to seek compensation if they experience discrimination.
Sofie is a writer. She lives in Brooklyn.
