Federal Anti-discrimination Laws: What You Should Know
Federal anti-discrimination laws protect employees from discrimination on employment-related matters, limited to certain protected categories or classes.
These protected classes include age, race, sex, color, national origin, religion, etc.
What this means is that in order to be protected under federal law and, therefore, the right to bring a claim in court, you must first belong to one of these classes or categories, and you must have suffered discrimination in your employment based on the same.
There are a number of federal anti-discrimination laws. However, for the purpose of this article, we will narrow our discussion to eight federal anti-discrimination laws.
8 Federal Anti-discrimination Laws
Title VII of the Civil Rights Act of 1964
Pregnancy Discrimination Act of 1978 (PDA)
Age Discrimination in Employment Act of 1967 (ADEA)
Americans with Disabilities Act of 1990 (ADA)
Equal Pay Act of 1963 (EPA)
Immigration Reform and Control Act of 1986 (IRCA)
Civil Rights Act of 1866
Genetic Information Non-discrimination Act
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees and, even, applicants who belong to a protected class.
This law prohibits discrimination at any stage of employment including, but not limited to, hiring, promotion, compensation, firing, and so on. A simple way to think about it is that if it has to do with employment, whether it's during the application, onboarding, or hiring process all the way through firing, and even some acts thereafter, it likely is covered by Title VII.
This federal anti-discrimination law, which can be enforced by the US Equal Employment Opportunity Commission (EEOC) or by private individuals, also prohibits retaliation against employees exercising their rights under the law. It also makes any form of harassment based on any of the protected categories illegal. This means that if, for example, an employee files a complaint with their employer alleging that they have been wronged under Title VII and the employer thereafter retaliates against the employee by, say, demoting that employee, then that is, itself, a separate violation of Title VII.
Title VII does not apply to all employers. The employers who are covered by Title VII are as follows:
Private employers (at least 15 employees)
State government and political subdivisions
Labour organizations
Employment agencies
The joint labor-management committee
Pregnancy Discrimination Act of 1978 (PDA)
The Pregnancy Discrimination Act (PDA) makes any form of discrimination involving pregnancy and the workplace illegal.
Under this act, it is illegal for employers to discriminate against employees or applicants based on pregnancy, childbirth, or any related conditions.
This law against pregnancy discrimination can be enforced either by the EEOC or by private individuals who have suffered discrimination as a result of their pregnancy. An example of this situation is wrongful termination after maternity leave.
Also, under this federal anti-discrimination act, benefits and accommodations for employees temporarily unable to work should be extended to pregnant employees.
For example, if employees with medical conditions are given light-duty work, the same accommodations must be be extended to pregnant employees.
If you believe that you have experienced wrongful termination based on pregnancy, you can speak with a Los Angeles wrongful termination attorney in order to find out your rights and what applies to your specific situation.
Age Discrimination in Employment Act of 1967 (ADEA)
The Age Discrimination in Employment Act (ADEA) prohibits discrimination of employees based on age. Protection under this law is usually limited to employees who are 40 years or older. However, it has been applied to even younger employees in some circumstances.
This law prohibits discrimination throughout all the conditions of employment, from hiring, promotion, compensation, job shifts, firing, and so on.
The ADEA applies to employers in the private sector, interstate agencies, employment agencies, labor unions, and the federal government.
Americans with Disabilities Act of 1990 (ADA)
The Americans with Disabilities Act (ADA) prohibits any form of discrimination based on disabilities. This law prohibits discrimination based on disabilities in any aspect of employment including hiring, firing, promotion, compensation, leave, applications, job assignments, etc.
The ADA also protects employees with a history of disabilities. For example, if an employee has a history of cancer, the employer is still prohibited from making any employment-related decisions based on the history of disability. This law also prohibits discrimination based on association with a disabled person.
The Americans with Disabilities Act (ADA) applies to private employers with a minimum of 15 employees, local governments, employment agencies, labor unions, and so on.
The US Department of Justice and the EEOC are the two government agencies that enforce the ADA. The ADA can also be enforced by private individuals who have suffered harm under the Act.
Equal Pay Act of 1963 (EPA)
The Equal Pay Act (EPA) requires that both men and women be given equal pay for equal work.
Equal work means that employees are working under similar conditions, effort, skill, and responsibility. This might not necessarily mean that employees have the same job title. Rather, it applies to actual job duties. For example, if a male warehouse manager and a female clerk carry out the same or similar responsibilities, an employer cannot pay the male manager greater pay simply based on the title, and instead must pay the two employees according to their duties and responsibilities.
However, this act has a few exceptions. For example, an employer may pay one gender over the other based on merit, incentive system, or rank.
The Equal Pay Act is enforced by the EEOC and applies to employers in the private sector, state and federal government, labor unions, etc.
Immigration Reform and Control Act of 1986 (IRCA)
The Immigration Reform and Control Act prohibits employers from discriminating against employees based on their citizenship or national origin. This law applies throughout all stages and conditions of employment including hiring, promotions, firing, compensation, and so on.
This law also prevents employers from hiring employees who are not authorized to work in the United States.
Enforced by the U.S. Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices, this federal anti-discrimination act applies to employers in the private sector (having at least 4 employees), federal, state, and local governments.
Civil Rights Act of 1866
The Civil Rights Act of 1866, also commonly called Section 1981 confers several rights on African Americans which were formerly reserved for the white. These rights include:
The right to sue or be sued in court
The right to purchase property
The right to give evidence in a lawsuit
The right to make contracts and enforce them
This law also prohibits any form of racial discrimination and harassment in the workplace. The Civil Rights Act applies to all private employees as well as employees of the state and local governments.
This Act can be enforced by private individuals who have been wronged and are covered by it.
Genetic Information Non-discrimination Act of 2008 (GINA)
The Genetic Information Nondiscrimination Act prohibits employers from making employment decisions based on the genetic information of an applicant or employee. This law also prohibits employers from requesting genetic information from their employees. However, the exception includes requesting genetic information for pursuing certification for the Family and Maternity Leave Act, genetic monitoring, and so on. Even with these exceptions, the information provided must be kept confidential.
The law is enforced by the EEOC and applies to private employers(with at least 15 employees), federal and state governments, labor organizations, and so on.
Talk to an attorney
Do you believe that you have been subject to any form of discrimination or harassment in your workplace? Perhaps you have been treated unfairly based on your gender, age, race, religion, or disability? If you believe you’ve suffered any of these, you can speak to an attorney to help you determine if you have a valid claim.