Workplace discrimination occurs when an employee suffers a loss due to discriminatory actions perpetrated by an employer. Under U.S. and state laws, it is illegal to discriminate against any employee based on:
- Race
- Religion
- Ethnicity
- Sex
- Pregnancy status
- Disability
- Age
The federal government has established five different laws that prohibit workplace discrimination.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 specifically prohibits any kind of discrimination in employment based on factors like race, sex, color, religion, or national origin. Under the law, no business or government agency can prohibit the employment of someone based on factors outside of their control, such as their skin color or gender.
The law does not apply to businesses with fewer than 15 employees.
Equal Pay Act of 1963
Under the Equal Pay Act of 1963, no employer can base wages on a person’s gender. Employees who perform jobs with similar responsibilities and have the same level of education must receive equal pay for their work, regardless of whether they are a man or a woman.
While the law did not initially apply to professionals or executives, it was amended in 1972 to include both.
Age Discrimination in Employment Act of 1967
The Age Discrimination in Employment Act of 1967 prohibits age discrimination in the workplace for those 40 and older.
Under the law, employers cannot refuse to hire individuals based on their age. Opportunities for advancement must be available to all employees with the appropriate education and skill set. No employee can have their wages reduced due to their age.
Americans With Disabilities Act of 1990
The Americans with Disabilities Act of 1990 prevents discrimination against individuals with impairments. The Act requires employers to accommodate those with disabilities in the workplace and prevents employers from refusing an application for employment based on a person’s underlying condition.
Employers must provide employees who have a disability with the same opportunities as everyone else in the organization.
Genetic Information Nondiscrimination Act of 2008
The Genetic Information Nondiscrimination Act of 2008 prevents discrimination for employment or health insurance based on genetic information. Thus, family members with hereditary disorders are entitled to protection under the law.
An employer cannot refuse an employee a position based on genetics, and no health insurer can deny health insurance based on a family history of genetic disorders like epilepsy or mental retardation.