Employment discrimination law in the United States

Employment discrimination law in the United States derives from the common law, and is codified in numerous state, federal, and local laws. These laws prohibit discrimination based on certain characteristics or "protected categories". The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. State laws often extend protection to additional categories or employers.

Under federal employment discrimination law, employers generally cannot discriminate against employees on the basis of race,[1] sex[1][2] (including sexual orientation and gender identity),[3] pregnancy,[4] religion,[1] national origin,[1] disability (physical or mental, including status),[5][6] age (for workers over 40),[7] military service or affiliation,[8] bankruptcy or bad debts,[9] genetic information,[10] and citizenship status (for citizens, permanent residents, temporary residents, refugees, and asylees).[11]

  1. ^ a b c d Cite error: The named reference Title VII was invoked but never defined (see the help page).
  2. ^ Cite error: The named reference Equal Pay Act was invoked but never defined (see the help page).
  3. ^ Bostock v. Clayton County, 590 U.S. ___ (2020).
  4. ^ Cite error: The named reference Pregnancy Discrimination Act was invoked but never defined (see the help page).
  5. ^ Cite error: The named reference ADA was invoked but never defined (see the help page).
  6. ^ "Questions and Answers: The Americans with Disabilities Act and Persons with HIV/AIDS". Archived from the original on July 22, 2009. Retrieved July 21, 2009.
  7. ^ Cite error: The named reference ADEA was invoked but never defined (see the help page).
  8. ^ "USERRA - Uniformed Services Employment and Reemployment Rights Act". DOL. Archived from the original on December 11, 2023. Retrieved December 26, 2023.
  9. ^ 11 U.S.C. § 525
  10. ^ "Genetic Information Nondiscrimination Act of 2008" (PDF). gpo.gov. May 21, 2008. Archived (PDF) from the original on November 6, 2018. Retrieved January 6, 2015.
  11. ^ 8 U.S.C. § 1324b