What Are Protected Characteristics?

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Under a landmark law passed by the United States Congress in 1964, American employers cannot discriminate against workers based on several protected characteristics that include race, gender, and national origin.

If you face discrimination in the workplace, you might have a strong enough case to file a claim that seeks damages. The key to winning a discrimination claim is to refer to the legal standards written into Title VII of the Civil Rights Act of 1964

Race

Title VII of the Civil Rights Act of 1964 prohibits discrimination at work based on several criteria that include race. For example, your employer cannot refuse to give you a much-deserved increase in wages because of your race.

Title VII not only pertains to employment issues, but it also prohibits racial discrimination during the hiring process. Employers cannot screen job candidates based on race.

Religion

American employers cannot discriminate based on religion. One of the legal developments that have come from Title VII involves dress and grooming accommodations. American employers must accommodate the dress and grooming requirements that are part of the fundamental practices of a religion.

Disability

Although Title VII ensured several protected characteristics in the workplace, the groundbreaking federal law did not include protections for workers with disabilities.

That changed with the passage of the Americans with Disabilities Act (ADA) of 1990. The federal law prohibits discrimination against the disabled in all forms of public life, including in the workplace.

Age

Three years after enacting the Civil rights Act of 1964, the United States Congress addressed discrimination against Americans at least 40 years old.

For workplace discrimination, the Age Discrimination in Employment Act (ADEA) forbids employers from discriminating against American workers that are 40 years of age and older. Some states have passed stricter laws that prohibit age discrimination.

Sex

The Equal Pay Act (EPA) of 1963 addresses the disparity in the wages paid to men and women. The exceptions to the federal ban on unequal pay apply to employers that operate on a merit and/or a seniority system of compensation.

Discrimination based on gender also is banned based on the pregnancy status of a woman. For example, an employer cannot withhold health care benefits because a worker is in the second term of pregnancy.

National Origin

Title VII of the Civil Rights Act of 1964 makes it illegal for employers to discriminate based on national origin. While racial discrimination concerns the color of a worker's skin, national origin is about discriminating against a worker based on the worker’s ancestry.

For example, an employer cannot discriminate against someone with a French heritage, regardless of the workers’ color of skin.

Genetic Information

The rapid advancement in DNA detection technology has spilled over into the workplace, as employers cannot discriminate against a worker based on the worker’s genetic profile. As the newest type of protected characteristics, employers cannot even request to obtain the genetic information of a worker.

How to File a Discrimination Claim

If you face discrimination in the workplace, you should consider filing a claim that seeks compensation for any financial losses. This includes monetary damages for lost wages, as well as the income you would have earned had your employer approved a justified promotion. Title VII of the Civil Rights Act of 1964 represents the legal standard for protecting workers against discrimination.

 

Additional Resources

The 5 Most Common Workplace Discrimination Claims

What Does a Discrimination Lawyer Do?

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