A “protected class” refers to people shielded against discrimination under federal, state, or local laws. In the United States, federal anti-discrimination laws, like the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, enumerate certain characteristics that constitute protected classes. These can include race, gender, age, disability, national origin, religion, and more.
Race and Federal Protection
Race denotes shared biological or social qualities of individuals. The Civil Rights Act of 1964 was designed to address the pressing issue of racial discrimination, particularly prevalent in areas such as employment, housing, and public services. Under this Act, any form of differentiation or discrimination based on race by employers is illegal.
Gender-Based Protections
Gender refers to the societal, behavioral, and cultural attributes typically associated with being male or female. Through Title VII, the Civil Rights Act of 1964 sought to tackle gender discrimination, especially within workplaces. This protection also extends to issues concerning pregnancy, childbirth, and related medical conditions.
Protecting Older Individuals
Age becomes significant in the context of job opportunities and workplace bias towards older individuals. The Age Discrimination in Employment Act (ADEA) was instituted to protect workers aged 40 and above, ensuring they aren’t disadvantaged purely based on age.
Disability and Accommodations
Disability encompasses physical or mental conditions that could restrict an individual’s regular activities. The Americans with Disabilities Act (ADA) was created to prevent discrimination against these individuals, particularly in the workforce. This Act also mandates that reasonable accommodations be provided for employees with disabilities.
National Origin and Cultural Identity
National origin is an individual’s birthplace, ancestry, or unique cultural identifiers. The Civil Rights Act of 1964 sought to eradicate discrimination based on a person’s national origin, ensuring equal opportunity irrespective of ethnicity, accent, or cultural background.
Religion and Workplace Adaptability
Religion involves an organized set of beliefs and practices. Under Title VII, the Civil Rights Act of 1964 protects individuals from discrimination based on their religious beliefs. It also requires employers to adapt reasonably to the religious needs of their employees.
Sexual Orientation and Gender Identity Protections
While Title VII of the Civil Rights Act of 1964 doesn’t explicitly mention sexual orientation or gender identity, a 2020 U.S. Supreme Court ruling determined that these classes are protected under the Act’s provisions against sex discrimination.
By recognizing and creating legislation around these classes, federal anti-discrimination laws aim to foster a society that values inclusivity and equality for all, irrespective of personal backgrounds or identities.
Why Does Legislation Identify Protected Classes?
Designating certain groups as protected classes ensures equal treatment under the law and prevents discrimination in various social and professional spheres, including employment, housing, and education. Discriminatory practices can have detrimental effects on individuals and perpetuate social inequalities.
Therefore, legislation like the Civil Rights Act of 1964 and the Americans with Disabilities Act aims to create an even playing field for everyone.
What Are Examples of Discrimination Against Protected Classes?
Below are some examples of discrimination against protected classes:
- Race and Color: If an employer prefers to hire individuals of one race over another, it constitutes racial discrimination, which is prohibited under the Civil Rights Act of 1964.
- Age: The Age Discrimination in Employment Act protects individuals aged 40 and above from being sidelined in favor of younger candidates during hiring, promotions, or layoffs.
- Disability: The Americans with Disabilities Act prevents employers from discriminating against individuals with disabilities and requires reasonable accommodations.
- Religious Beliefs: Employers cannot discriminate based on religious beliefs and must make reasonable accommodations for religious practices unless it causes undue hardship to the employer.
- Pregnancy: The Pregnancy Discrimination Act, an amendment to the Civil Rights Act, protects women from being fired or discriminated against due to pregnancy.
- Veteran Status: Certain laws protect veterans from discrimination in employment, although this is not a federally protected class in the same way as race or age.
What Is Not Considered a Protected Class?
Groups not explicitly outlined in federal anti-discrimination laws do not fall under protected classes. For example, discrimination based on political affiliation, physical appearance, or income level is generally not protected under federal law.
Political Affiliation
The reasoning behind not providing federal protection for political affiliation largely revolves around the First Amendment. In the United States, the freedom of speech and association are constitutional rights. As a result, individuals can freely associate with political parties or ideologies.
Since political beliefs can change and are a matter of personal choice, it’s been argued that they don’t warrant the same inherent protection as immutable characteristics like race or gender. However, certain states and local jurisdictions have taken steps to protect individuals from discrimination based on political beliefs, especially in employment.
Physical Appearance
The decision to exclude physical appearance from federal protection is multifaceted. Discrimination based on appearance is subjective and can vary widely from person to person, making it challenging to codify and enforce uniformly.
While there is an argument that appearance-based discrimination can have profound socio-economic impacts, the laws have yet to encompass this in the same way they do race or gender. That said, certain aspects of appearance, like religious garments or disability-related factors, are protected under other categories.
Income Level
Income level as a characteristic is dynamic and can change over an individual’s lifetime based on various factors, such as education, job opportunities, or personal decisions. The decision not to federally protect against income-based discrimination stems from the complexities associated with defining income and the factors that contribute to it.
However, many anti-discrimination policies and initiatives aim to level the playing field, indirectly supporting lower-income individuals. For example, certain housing or employment programs target lower-income demographics to reduce associated stigmas and disparities.
While federal laws protect certain “immutable characteristics” or characteristics inherent to an individual’s identity, other attributes like political affiliation, physical appearance, and income level are viewed differently. These distinctions are based on a combination of constitutional considerations, the subjective nature of the characteristic, and the dynamics surrounding its changeability.
It’s worth noting that despite the lack of federal protections, many states and local jurisdictions offer additional safeguards for some of these categories.
What Are “Immutable Characteristics” Concerning Anti-Discrimination Laws?
Immutable characteristics are traits that a person cannot control or change, like race or gender. These are often the basis for protected classes in federal anti-discrimination law. Laws aim to protect individuals from being discriminated against based on aspects of their identity that are beyond their control and should not affect their opportunities in life.
What If I’ve Been Discriminated Against?
If you believe you’ve been discriminated against, you can file a discrimination claim with the Equal Employment Opportunity Commission (EEOC). The EEOC is the federal agency responsible for investigating workplace discrimination and enforcing anti-discrimination laws. Depending on the outcome of the investigation, you may be entitled to compensation or other remedial actions.
Here are some steps to take if you’ve been discriminated against:
- Document the Incident: Keep records of any communication or events that prove discriminatory behavior.
- File an Internal Complaint: If your workplace has an HR department, file a formal complaint.
- Contact the EEOC: If the internal process does not yield results or if you are unsatisfied with the outcome, you can file a discrimination claim with the EEOC.
- Legal Action: You can take your employer to court in an anti-discrimination lawsuit, depending on the EEOC’s findings.
Should I Talk to a Lawyer If I’ve Been Discriminated Against?
Yes, consulting with a lawyer is advisable if you’ve experienced discrimination. An attorney can guide you through the complicated landscape of anti-discrimination laws, assist with filing claims with the EEOC, and help you decide whether or not to pursue a lawsuit. Given the complexity of laws like the Americans with Disabilities Act, the Civil Rights Act of 1964, and other state and federal statutes, a legal advisor can be invaluable.
If you believe you have been discriminated against, it’s crucial to consult an experienced attorney as soon as possible. With LegalMatch, you can easily find a qualified discrimination lawyer to review your case and guide you through the process, ensuring your rights are adequately protected.
By understanding your rights and the avenues available for redress, you can take meaningful steps to fight discrimination and promote equality.
