The Main Federal Anti-Discrimination Laws
| Law | What it protects | Covered employers |
|---|---|---|
| Title VII of the Civil Rights Act of 1964 | Race, color, religion, sex, national origin | 15+ employees |
| Pregnancy Discrimination Act | Pregnancy, childbirth, related conditions (part of Title VII) | 15+ employees |
| Pregnant Workers Fairness Act (2023) | Reasonable accommodations for pregnancy-related limitations | 15+ employees |
| Age Discrimination in Employment Act (ADEA) | Workers age 40 and older | 20+ employees |
| Americans with Disabilities Act (ADA), Title I | Qualified individuals with disabilities | 15+ employees |
| Equal Pay Act | Equal pay for substantially equal work regardless of sex | Nearly all employers |
| Genetic Information Nondiscrimination Act (GINA) | Genetic information, including family medical history | 15+ employees |
| 42 U.S.C. § 1981 | Race and ethnicity in making and enforcing contracts | All employers |
The Equal Employment Opportunity Commission (EEOC) enforces most of these laws. Under Bostock v. Clayton County (2020), discrimination because of sexual orientation or gender identity is a form of sex discrimination under Title VII.
What Discrimination Looks Like
Discrimination can affect any part of employment, including:
- Job ads, recruiting, and hiring decisions
- Pay, benefits, and bonuses
- Promotions, assignments, and training opportunities
- Discipline, demotion, layoffs, and firing
It can take two main forms:
- Disparate treatment: Treating someone worse because of a protected characteristic, such as passing over a qualified woman for promotion in favor of a less qualified man.
- Disparate impact: A neutral policy that disproportionately excludes a protected group and is not justified by business necessity, such as an unnecessary physical test that screens out most women.
Harassment
Harassment based on a protected characteristic is illegal when it is severe or pervasive enough to create a hostile work environment, or when submitting to it is made a condition of employment (for example, demands for sexual favors in exchange for a promotion).
Employer responsibility depends on who did the harassing:
- Supervisor harassment that results in a tangible action, like firing or demotion, makes the employer liable.
- Supervisor harassment without a tangible action allows the employer to defend itself by showing it had a reasonable complaint process and the employee unreasonably failed to use it.
- Coworker or customer harassment makes the employer liable if it knew or should have known and failed to take prompt corrective action.
Reasonable Accommodations
Employers must provide reasonable accommodations in two key situations unless doing so would cause undue hardship:
- Disability (ADA): Changes such as modified schedules, assistive technology, adjusted duties, or remote work that allow a qualified person to perform essential job functions.
- Religion (Title VII): Adjustments for religious practices, dress, or schedules. In Groff v. DeJoy (2023), the Supreme Court held that an employer must show substantial increased costs, not just a minor burden, to deny a religious accommodation.
- Pregnancy (PWFA): Accommodations such as more breaks, seating, light duty, or time off for medical appointments.
Retaliation Is Also Illegal
Employers cannot punish workers for opposing discrimination, filing a charge, or participating in an investigation. Retaliation is the most frequently filed type of EEOC charge. It includes firing, demotion, cutting hours, negative references, or other actions that would discourage a reasonable worker from complaining.
How to File an EEOC Charge
- Gather your information: dates, people involved, what happened, and any documents.
- Contact the EEOC online through the EEOC Public Portal, by phone, or in person at a field office.
- Meet the deadline: generally 180 days from the discriminatory act, extended to 300 days in states with a state or local fair employment agency. Age claims are extended to 300 days only if a state law also prohibits age discrimination.
- Participate in the process: the EEOC may offer mediation, investigate, or issue a notice of right to sue.
- Sue within 90 days of receiving a right-to-sue notice if you want to go to court under Title VII or the ADA.
Possible Remedies
- Hiring, reinstatement, or promotion
- Back pay and front pay
- Compensatory and punitive damages, subject to federal caps based on employer size
- Attorney's fees and costs
- Policy changes or training required by the employer
