Employment Discrimination Law in The United States

Employment Discrimination Law In The United States

In the United States, employment discrimination is prohibited by a collection of state and federal laws, as well as by ordinances of counties and municipalities. Only discrimination based on certain characteristics (protected categories) is illegal.

The United States Constitution prohibits discrimination by federal and state governments. 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. Federal law prohibits discrimination in a number of departments, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. State laws often extend protection to additional categories or employers.

Under Federal law, employers generally cannot discriminate against employees on the basis of:

  • Race
  • Sex
  • Pregnancy
  • Religion
  • National origin
  • Disability (physical or mental, including HIV status)
  • Age (for workers over 40)
  • Military service or affiliation
  • Bankruptcy or bad debts
  • Genetic information
  • Citizenship status (for citizens, permanent residents, temporary residents, refugees, and asylees)

Read more about Employment Discrimination Law In The United StatesConstitutional Basis, Federal Laws, State Law, Government Employees, Unintentional Discrimination, Enforcing Entities

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Employment Discrimination Law In The United States - Enforcing Entities
... The Equal Employment Opportunity Commission (EEOC) interprets and enforces the Equal Pay Act, Age Discrimination in Employment Act, Title VII of the Civil Rights ... Compliance Programs enforces Section 503 of the Rehabilitation Act, which prohibits discrimination against qualified individuals with disabilities by federal contractors and subcontractors ... The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) enforces the anti-discrimination provisions of the Immigration and Nationality Act (INA), 8 U.S.C ...

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