As a worker in the United States, especially if you are part of a protected class, it is crucial to be aware of your rights and ensure they are respected at all times. Below we will define and dive into the history of protected classes. Then, we will review examples of protected classes, their relevance, and the way in which the law protects workers who fall under these classes.
What is a protected class?
A protected class in employment law is a group of people with a shared characteristic who are legally protected from employment discrimination due to that characteristic.
Under federal law, employers cannot discriminate on the basis of race, color, nationality, origin, religion, sex, age, or disability. However, work discrimination does not only happen with current employees; it can also occur during the hiring process. Also, it can be as subtle as offering a lower salary or fewer benefits to a worker due to their race or gender.
What is the history of protected classes?
1886: The first two protected classes were included in federal law. These are race and color.
1964: During the 20th century, many more classes were added, including sex, nationality, and religion. During this time, the Equal Employment Opportunity Commission was also created to ensure people receive equal pay and equal opportunity.
1967: This year, age was included as a protected class in federal law. This class has been one that has been difficult to understand fully during court encounters.
1973: Disability is added as a class. This states that you cannot be denied a job or paid less due to a disability. At this point, it was only for federal jobs.
1990: Disability is added as a protected class in the private sector.
2008: Different disabilities are added as protected classes.
What is considered a protected class?
- Race
- Color
- Religion (includes religious dress and grooming practices)
- Sex/gender (includes pregnancy, childbirth, breastfeeding, and/ or related conditions)
- Gender identity, gender expression
- Sexual orientation
- Marital status
- Medical Condition (genetic characteristics, cancer, or a record or history of cancer)
- Military or veteran status
- National origin
- Ancestry
- Disability (mental and physical including HIV/AIDS, cancer, and genetic characteristics)
- Genetic information
- Request for family care leave
- Request for leave for an employee’s own serious health condition
- Request for Pregnancy Disability Leave
- Retaliation for reporting patient abuse in tax-supported institutions
- Age (over 40)
This information can give you a base understanding of protected classes in employment discrimination. If you or a loved one has experienced any kind of discriminatory act based on a protected characteristic, you must not remain silent. We are here to help you. Call us!
