The Protected Classes in Job Discrimination Law

March 6, 2017

a group of diverse employees

Job discrimination is wide-ranging and complex, and this becomes especially apparent when you begin to sort through the vast array of terms, statutes, and acts that constitute anti-discrimination laws. Anti-discrimination laws are heavily regulated to ensure that all people are treated equally. They do not apply in every case of boss-employee disagreement. Someone may think that they have a valid claim because their boss is treating them unfairly, but that is not necessarily true. The Law Office of Perry Piñón can help! To file a successful claim, a person’s discrimination must fall within one of these “protected class” categories.

The Protected Classes

A protected class is “a group of people with a common characteristic who are legally protected from discrimination on the basis of that characteristic”. The protected classes include:

  • Race and Color

    • While these are two separate categories, the EEOC explains them in conjunction with one another. The “race” category includes blacks, whites, persons of Latino or Asian origin or descent, and indigenous Americans. Discrimination based on “color” is slightly more nuanced. It has also been interpreted to mean that a light-skinned black worker can pursue a discrimination case based on the actions of her darker-skinned supervisor.

  • Religion

    • Any aspect of religious observance, practice, and belief fall under this category. It is illegal for employers to discriminate against employees for their religious affiliation or duties. Nonetheless, anti-discrimination cases that concern religion must thoroughly examine the sincerity of the claimant.

  • National Origin

    • The Supreme Court refers to national origin as “the country where a person was born, or, more broadly, the country from which his or her ancestors came.”

  • Age

    • The Age Discrimination in Employment Act of 1967 protects employees over the age of 40 from unequal treatment in the workplace.

  • Sex

    • This stems from both the Equal Pay Act of 1963 and the Civil Rights Act of 1964. Employers are not permitted to provide different benefits to men than to women or vice versa. This category also protects against discrimination based on sexual orientation and gender presentation.

  • Pregnancy

    • The Pregnancy Discrimination Act makes it clear that employers cannot consider an employee’s pregnancy while making employment decisions. They are required to treat pregnancy-related disabilities in a similar fashion to other disabilities to ensure that the right to work is protected.

  • Citizenship

    • The Immigration Reform and Control Act is a federal law that protects individuals from employment discrimination based on immigration or citizenship status.

  • Disability Status

    • In 1990, the American with Disabilities Act (ADA) improved previous disability rights acts by ensuring that people with disabilities have equal access to employment.

  • Veteran Status

    • As a result of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 and Uniformed Services Employment and Reemployment Rights Act, veterans are protected from any form of job discrimination.

  • Genetic Information

    • The Genetic Information Nondiscrimination Act of 2008 is designed to prohibit the use of genetic information in employment.

A Job Discrimination Attorney with the Experience You Deserve

Do you fall into one of these protected classes and believe you have experienced unlawful job discrimination? Then the next step toward a successful claim is consulting with an experienced attorney. Perry Piñón has an impressive resume of successful employment discrimination cases. In addition, he is passionate about offering legal support to his clients. With this in mind, contact The Law Office of Perry Piñón today.