Employment Discrimination
Discrimination in employment is illegal if it is based on an illegal factor. The federal law that prohibits employment discrimination is Title VII of the Civil Rights Act of 1964 (Title VII). Under Title VII, it is illegal for an employer to discriminate on the basis of sex, pregnancy, national origin, race and religion. All employers with 15 or more employees must comply with Title VII. This includes employment agencies, labor unions and state and local governments. Title VII applies to all employment decisions regarding hiring, termination, promotion, compensation, and/or training. It also applies to decisions with respect to any other term or condition of employment.
Sex Discrimination
Title VII protects individuals against discrimination by employers on the basis of sex. Under Title VII, it is illegal for an employer to discriminate against an employee or an applicant for employment because of that person’s sex. Title VII also prohibits employment decisions and/or actions that are based on stereotypes or assumptions about how an individual performs a job or about the abilities of an individual that arise because of the individual’s gender. Under Title VII, neutral job policies that may have an unfair or disproportionate impact on individuals because of their sex are illegal unless the policies are job-related.
Pregnancy Discrimination
Title VII was amended by the Pregnancy Discrimination Act (PDA) to make discrimination based on pregnancy to be unlawful sex discrimination. It is also illegal to discriminate based on a pregnancy related medical condition. The law provides that women who are pregnant or have a pregnancy-related condition must be treated the same as other employees or job applicants.
National Origin Discrimination
Title VII provides that employees or applicants for employment are entitled to the same employment opportunities as anyone else regardless of the ancestry of the employee or applicant. It is illegal to discriminate against an employee because of his or her ancestry, ethnicity, or accent. In addition, if an employee is married or associated with someone of a particular nationality, that employee is also protected by Title VII.
Race/Color Discrimination
Title VII protects individuals against discrimination by employers because of race and/or color. A person cannot be treated differently and employment opportunities cannot be denied because of the racial group or perceived racial group of an individual. Persons who are married or associated someone of a particular race also cannot be treated differently because of that. The same applies to employment decisions based on stereotypes and assumptions about abilities of a racial or ethnic group.
Religious Discrimination
Title VII provides that it is illegal for employers to hire, fire, and/or discriminate against a person because of the person’s religion. A person cannot be treated differently and employment opportunities cannot be denied because of the religious beliefs, traditions, holidays or practices of the individual’s religion.