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What is employment discrimination?
  • It is illegal to discriminate based on protected categories in any aspect of employment.

It is illegal to discriminate based on protected categories in any aspect of employment, including:

  • Hiring and firing;
  • Compensation, assignment, or classification of employees;
  • Transfer, promotion, layoff, or recall;
  • Job advertisements;
  • Recruitment;
  • Testing;
  • Use of company facilities;
  • Training and apprenticeship programs;
  • Fringe benefits;
  • Pay, retirement plans, and disability leave; or
  • Other terms and conditions of employment.

Discriminatory practices include, but are not limited to:

  • Harassment based on:
    • Race,
    • Color,
    • Religion,
    • Sex,
    • National origin,
    • Pregnancy,
    • Disability, or
    • Age;
  • Retaliation against an individual for:
    • Filing a charge of discrimination,
    • Participating in an investigation, or
    • Opposing discriminatory practices;
  • Employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain:
    • Sex,
    • Race,
    • Age,
    • Religion,
    • Ethnic group, or
    • Disability; and
  • Denying employment opportunities because of marriage to, or association with, an individual of a particular:
    • Race,
    • Religion,
    • National origin; or
    • Disability.
      • Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

The federal discrimination laws not only protect employees, but also protect non-employees. For example, employers could be held liable for the:

  • Harassing acts of an independent contractor against their employees, if the company fails to address the conduct; and
  • Actions of their employees against customers.