Anti-Discrimination Laws: Who Are They For?

Anti-discrimination laws apply to a wide range of individuals and organisations, including employers, employees, and job applicants. These laws aim to protect people from discrimination and ensure equal opportunities and treatment in the workplace, regardless of their characteristics or membership in a protected class. In the United States, federal anti-discrimination laws are enforced by the Equal Employment Opportunity Commission (EEOC), which prohibits discrimination based on race, colour, religion, sex, national origin, disability, and age, among other categories. Additionally, state and local governments have their own anti-discrimination laws that may provide further protections, such as for LGBTQ employees. Understanding anti-discrimination laws is crucial for both employees and employers to recognise their rights and responsibilities in the workplace.

Employees and job applicants

Federal laws such as Title VII of the Civil Rights Act, the Pregnancy Discrimination Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act prohibit employers from discriminating against applicants and employees on specific protected grounds. Title VII, enforced by the Equal Employment Opportunity Commission (EEOC), prohibits discrimination in all terms, conditions, and privileges of employment, including hiring, firing, compensation, benefits, promotions, and discipline. It also prohibits practices with a disproportionate impact on protected groups unless the employer has a valid reason.

The Pregnancy Discrimination Act (PDA) amended Title VII to make it illegal to discriminate based on pregnancy, childbirth, or related medical conditions. The PDA requires employers to treat pregnant employees the same as other employees with temporary disabilities when it comes to benefits and accommodations. The Age Discrimination in Employment Act (ADEA) prohibits age discrimination in employment for individuals aged 40 and above. It covers all terms and conditions of employment and protects employees from retaliation for asserting their rights under the ADEA.

The Americans with Disabilities Act (ADA) prohibits employers from discriminating against individuals with disabilities in any aspect of employment, including applications, interviews, hiring, job assignments, evaluations, compensation, and firing. The ADA also protects those with a history of disability or those perceived as having a disability, even if incorrect. It requires employers to provide reasonable accommodations for disabled individuals and prohibits making employment decisions based on generalizations or stereotypes about disabilities.

In addition to federal laws, state and local employment discrimination laws may also provide protections for employees and job applicants. For example, many states include LGBTQ employees in their list of protected individuals. It is important for individuals to understand the specific employment laws in their state, as protections can vary significantly.

Protected categories

Anti-discrimination laws are designed to protect individuals from unfair treatment or harassment in the workplace. These laws cover a range of protected categories, which are characteristics that individuals cannot be discriminated against on the basis of. Here is a detailed overview of the key protected categories:

Race: Treating applicants or employees unfavorably due to their race is prohibited. This includes discrimination based on personal characteristics associated with race, such as hair texture, skin color, or facial features. Anti-discrimination laws also protect individuals from unfavorable treatment due to their association with a race-based organization or group.

Color: Discrimination based on skin color or complexion is unlawful. This includes treating someone unfavorably because of their connection with an individual or group associated with a particular color.

Religion: Religious discrimination involves treating applicants or employees unfavorably because of their religious beliefs. Anti-discrimination laws protect individuals from all religions, including traditional and organized religions as well as those with sincerely held religious, ethical, or moral beliefs. The laws also cover individuals who are associated with or connected to a religious organization or group.

Sex: Sex discrimination is prohibited, and it involves treating someone unfavorably because of their sex. This includes treating individuals less favorably due to their connection with an organization or group generally associated with a particular sex. Additionally, sexual harassment based on a protected characteristic, such as race or sex, is illegal.

Pregnancy: Pregnancy discrimination is unlawful and refers to treating women unfavorably due to pregnancy, childbirth, or related medical conditions. Employers must provide the same accommodations and benefits to pregnant employees as they would to other employees with similar abilities or limitations.

National Origin: National origin discrimination involves treating applicants or employees unfavorably because they are from a particular country, part of the world, ethnicity, or accent. This also includes treating individuals unfavorably because of their association or connection with a person, organization, or group associated with a certain national origin.

Age: The Age Discrimination in Employment Act (ADEA) protects individuals who are 40 years of age or older from age-based discrimination in hiring, promotion, and firing decisions. However, age can be a factor in rare circumstances where it is a bona fide occupational qualification, such as for firefighters in most states.

Disability: The Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 prohibit disability discrimination. Employers must provide reasonable accommodations for individuals with disabilities and cannot make employment decisions based on generalizations or detrimental pay scales. Disability discrimination also includes treating individuals unfavorably because of a history of disability or a perceived disability, even if the perception is incorrect.

Genetic Information: The Genetic Information Nondiscrimination Act (GINA) prohibits employers from using genetic information as a basis for employment decisions and requires them to keep such information confidential. This law also restricts employers from requesting or requiring genetic information from employees or applicants.

Employers

Anti-discrimination laws apply to employers in several ways, and it is important for employers to understand their obligations under these laws to ensure compliance and maintain a respectful and inclusive workplace. Here are some key points for employers regarding anti-discrimination laws:

Understanding Anti-Discrimination Laws

Firstly, employers should be aware of the relevant anti-discrimination laws that apply to their specific context. These laws may vary depending on the country, state, or region. In the United States, for example, there are several federal anti-discrimination laws enforced by the Equal Employment Opportunity Commission (EEOC). These laws include:

• Title VII of the Civil Rights Act of 1964: Prohibits discrimination based on race, color, religion, sex, and national origin. It covers all terms, conditions, and privileges of employment, including hiring, firing, compensation, promotions, and discipline.
• Pregnancy Discrimination Act (PDA): Amends Title VII to make it illegal to discriminate based on pregnancy, childbirth, or related medical conditions.
• Age Discrimination in Employment Act (ADEA): Prohibits age discrimination against employees aged 40 and older. It covers all terms and conditions of employment, including hiring, firing, compensation, and promotions.
• Americans with Disabilities Act (ADA): Prohibits discrimination against individuals with disabilities in all aspects of employment, including hiring, job assignments, compensation, and promotions.
• Equal Pay Act: Requires employers to provide equal pay for equal work, regardless of gender.
• Immigration Reform and Control Act (IRCA): Prohibits discrimination based on citizenship or national origin and applies to all terms and conditions of employment.
• Civil Rights Act of 1866 (Section 1981): Prohibits racial discrimination in the employment relationship and protects individuals of all races from discrimination and harassment.
• Genetic Information Nondiscrimination Act (GINA): Prohibits employers from using genetic information as a basis for employment decisions and requires them to keep such information confidential.

Applicability and Scope

The applicability of anti-discrimination laws often depends on the number of employees in the organisation. For example, in the US:

• Employers with at least one employee are covered by the Equal Pay Act, which mandates equal pay for equal work regardless of gender.
• Employers with 15 to 19 employees are subject to laws prohibiting discrimination based on race, colour, religion, sex, national origin, disability, and genetic information.
• Employers with 20 or more employees are covered by additional laws, including the ADEA and laws prohibiting discrimination based on age.

Compliance and Enforcement

Compliance with anti-discrimination laws is crucial for employers. Non-compliance can lead to legal consequences, including lawsuits and penalties. Employers should implement policies and procedures that promote equal opportunity and prohibit discrimination in the workplace. This includes providing training to employees, establishing clear reporting and investigation procedures for discrimination complaints, and taking prompt and effective corrective action when necessary.

Protected Characteristics and Categories

It is essential for employers to understand the protected characteristics and categories under anti-discrimination laws. These characteristics vary by jurisdiction but typically include race, colour, religion, sex, national origin, age, disability, and genetic information. Employers must ensure that employment decisions, including hiring, firing, promotions, and compensation, are based on legitimate, non-discriminatory factors.

Accommodations and Adjustments

In some cases, employers may be required to provide reasonable accommodations to employees with disabilities to ensure equal opportunity and access. This could include providing specialised equipment, making adjustments to work processes, or offering flexible work arrangements.

Private employers

Number of Employees:

Equal Employment Opportunity Commission (EEOC):

The EEOC enforces various federal anti-discrimination laws, including Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the ADA, GINA, and the Equal Pay Act. The EEOC handles complaints, investigations, and provides guidance to employers and employees.

Prohibited Practices:

Reasonable Accommodation:

Harassment:

Harassment of employees based on their protected characteristics is illegal. This includes offensive comments, slurs, or creating a hostile work environment. Sexual harassment, including unwelcome sexual advances or requests for favours, is also prohibited.

Retaliation:

It is illegal for private employers to retaliate against employees who file discrimination complaints, participate in investigations, or oppose discriminatory practices. This protection extends to individuals who assert their rights under anti-discrimination laws.

State and local governments

Employment Discrimination

Equal Pay

Immigration

Civil Rights

State and local government employees are protected by the Civil Rights Act of 1866 (Section 1981), which prohibits racial discrimination in the employment relationship and has been interpreted to protect people of all races and ethnicities from discrimination and harassment. This law applies to all private and state and local government employees but does not cover federal employees.

Genetic Information

Frequently asked questions