Keith Mack
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws that make it illegal to discriminate against a job applicant or employee based on their race, colour, religion, sex, national origin, age, disability, or genetic information. The EEOC also writes regulations that interpret laws addressing how federal agencies should operate. This includes laws against job discrimination and harassment, such as Title VII of the Civil Rights Act of 1964, which makes it illegal to discriminate against someone based on their race, colour, religion, sex, or national origin. The EEOC's laws also prohibit employers from using neutral employment policies and practices that have a disproportionately negative effect on applicants or employees of a particular race, colour, religion, sex, national origin, age, or disability.
| Characteristics | Values |
|---|---|
| Race | Any race |
| Colour | Any colour |
| Religion | Any religion |
| Sex | Including pregnancy, childbirth, and related medical conditions, transgender status, and sexual orientation |
| National origin | Any national origin |
| Age | 40 or older |
| Disability | Any disability |
| Genetic information | Any genetic information |
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What You'll Learn
- Discrimination against a job applicant or employee because of their race
- Discrimination against a job applicant or employee because of their religion
- Discrimination against a job applicant or employee because of their sex
- Discrimination against a job applicant or employee because of their national origin
- Discrimination against a job applicant or employee because of their age
Discrimination against a job applicant or employee because of their race
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws that make it illegal to discriminate against a job applicant or employee because of their race. Discrimination can occur in many ways, including hiring, firing, promotions, pay, job assignments, training, benefits, and other terms or conditions of employment. It is also illegal for employers to use neutral employment policies and practices that have a disproportionately negative effect on applicants or employees of a particular race. This includes policies and practices that are not job-related and necessary to the operation of the business.
Race discrimination involves treating someone unfavourably because of their race or personal characteristics associated with their race, such as hair texture, skin colour, or facial features. It also includes treating someone unfavourably because they are married to or associated with someone of a certain race. Discrimination can occur even if the victim and the person who inflicted the discrimination are of the same race.
The EEOC laws apply to most employers with at least 15 employees (20 employees in age discrimination cases) and most labour unions and employment agencies. These laws ensure that individuals are not discriminated against in any aspect of employment because of their race or other protected characteristics.
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Discrimination against a job applicant or employee because of their religion
It is unethical to break EEOC laws because they are designed to protect people from discrimination and ensure equal opportunities for all. Discrimination against a job applicant or employee because of their religion is illegal under EEOC laws. This includes any form of discrimination, whether it is in hiring, firing, promotions, training, wages, benefits, or any other aspect of employment.
EEOC laws prohibit employers from using neutral employment policies and practices that have a disproportionately negative effect on applicants or employees of a particular religion. For example, an employer's reliance on word-of-mouth recruitment by a mostly Christian workforce may violate the law if the result is that almost all new hires are Christian.
Additionally, EEOC laws protect individuals from retaliation if they complain about religious discrimination or participate in an employment discrimination proceeding. This means that an employee cannot be fired, demoted, or otherwise punished for speaking out against religious discrimination in the workplace.
The EEOC is committed to ensuring that all individuals have equal opportunities in the workplace, regardless of their religious beliefs. By enforcing these laws, the EEOC helps to create a more inclusive and fair environment for all job applicants and employees.
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Discrimination against a job applicant or employee because of their sex
Breaking EEOC laws is unethical because it involves treating someone (an applicant or employee) unfavourably because of their sex, including their sexual orientation, transgender status, or pregnancy. Discrimination against an individual because of sexual orientation or transgender status is discrimination because of sex in violation of Title VII of the Civil Rights Act of 1964. The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. It is unlawful to harass a person because of their sex. Harassment can include "sexual harassment" such as unwelcome sexual advances, requests for sexual favours, and other verbal or physical harassment of a sexual nature.
The laws enforced by the EEOC prohibit an employer or other covered entity from using neutral employment policies and practices that have a disproportionately negative effect on applicants or employees of a particular sex. This includes policies and practices related to hiring, firing, promotions, harassment, training, wages, and benefits. For example, a help-wanted ad that seeks "females" or "recent college graduates" may discourage men and people over 40 from applying and may violate the law. It is also illegal for an employer to recruit new employees in a way that discriminates against them because of their sex. This could include an employer's reliance on word-of-mouth recruitment by its mostly male or female workforce, which may result in a disproportionately male or female new hire cohort.
The EEOC laws also protect individuals from retaliation if they complain about discrimination, participate in an employment discrimination proceeding (for example, a discrimination investigation or lawsuit), or reasonably oppose discrimination (for example, resisting unwanted sexual advances or helping protect co-workers from unwanted sexual advances).
In addition to the protections offered by EEOC laws, many states and localities have their own anti-discrimination statutes. The Equal Pay Act of 1963 requires employers to provide equal pay for equal work, meaning work of "equal skill, effort and responsibility under similar working conditions". The Pregnancy Discrimination Act of 1978 and the Pregnant Workers Fairness Act of 2022 further protect women against discrimination at work on the basis of pregnancy.
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Discrimination against a job applicant or employee because of their national origin
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or employee because of their national origin, among other protected characteristics.
National origin discrimination involves treating people (applicants or employees) unfavourably because they are from a particular country or part of the world, because of their ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not). Discrimination can occur when the victim and the person who inflicted the discrimination are the same national origin. It can also involve treating people unfavourably because they are married to or associated with someone of a certain national origin.
National origin discrimination is prohibited when making hiring decisions, firing decisions, promotion decisions, pay decisions, fringe benefits decisions, job training decisions, assignment decisions, and other terms and conditions of employment. It can also include disparate treatment because of a person's accent, offensive or derogatory remarks about a person's actual or perceived national origin, ethnicity, and/or accent, or excluding someone from a position because of a customer's discriminatory preference.
The EEOC enforces the federal laws against job discrimination and harassment. Title VII of the Civil Rights Act of 1964 (Title VII) makes it illegal to discriminate against a person on the basis of national origin. The law also protects you from retaliation if you complain about discrimination, participate in an employment discrimination proceeding (for example, a discrimination investigation or lawsuit), or reasonably oppose discrimination.
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Discrimination against a job applicant or employee because of their age
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or employee because of their age (40 or older). This means that employers cannot use neutral employment policies and practices that have a disproportionately negative impact on applicants or employees aged 40 or older, unless the policies or practices are based on a reasonable factor other than age. For example, a help-wanted ad that seeks "recent college graduates" may discourage people over 40 from applying and may violate the law.
Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labour unions and employment agencies are also covered. The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits.
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Frequently asked questions
EEOC laws are in place to protect people from discrimination and ensure equal opportunities for all. Breaking these laws is unethical as it goes against the values of fairness and justice, and can cause harm to individuals and groups who are already marginalised or vulnerable.
EEOC laws cover a range of areas, including:
- Title VII of the Civil Rights Act of 1964, which makes it illegal to discriminate against someone based on their race, colour, religion, sex, or national origin.
- The Americans with Disabilities Act of 1990, which makes it illegal to discriminate against people with disabilities in private companies and state and local governments.
- Sections 501 and 505 of the Rehabilitation Act of 1973, which makes it illegal to discriminate against people with disabilities in the federal government.
EEOC laws apply to most employers with at least 15 employees (20 employees in age discrimination cases). They also cover most labour unions and employment agencies.
Breaking EEOC laws can result in legal action and penalties, including fines and damages. It can also lead to negative publicity and damage to the reputation of the organisation or individual involved.
